When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused, may enjoin such miner from working until such security is given.
S.D. Codified Laws § 45-4-13
Right to mine separate from right to surface--Security required of miner--Enforcement
Applied in 1 court decision — leading case Pete Lien & Sons, Inc. v. Zellmer (2015)
Most recently applied in Pete Lien & Sons, Inc. v. Zellmer (May 2015)
Source: PolC 1877, ch 31, § 12; CL 1887, § 2007; RPolC 1903, § 2542; RC 1919, § 8736; SDC 1939, § 42.0113.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.