South Dakota

45-5-1. Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures.

45-5-2. Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.

45-5-3. Order to show cause--Service--Time for hearing.

45-5-4. Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.

45-5-5. Assessment of damages by commissioners.

45-5-6. Payment or tender of damages--Use of right-of-way.

45-5-7. Report of commissioners may be set aside.

45-5-8. Appeals from assessment of damages--Time for taking--Service of notice upon respondent.

45-5-9. Appeal bond--Approval of sureties--Amount--Conditions.

45-5-10. Appeal from assessment of damages--Limited to amount of damages--Jury trial.

45-5-11. Bond pending appeal.

45-5-12. Costs of appeal.

45-5-13. Costs and expenses under chapter to be paid by party making application.

45-5-14. Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.

45-5A-1. Legislative findings.

45-5A-2. Purpose of chapter.

45-5A-3. Definition of terms.

45-5A-4. Compensation to surface owner for losses--Determining damages--Payment.

45-5A-4.1. Treble damages for failure to negotiate in good faith.

45-5A-5. Notice to surface owner of proposed surface disturbing development activities.

45-5A-5.1. Notice to surface owner and surface lessee prior to entry on land for mineral exploration activities.

45-5A-5.2. Damages for failure to provide notice.

45-5A-5.3. Exception to notice requirement.

45-5A-6. Responsibilities of developer.

45-5A-7. Time for notice of damages to developer.

45-5A-8. Offer of settlement by developer.

45-5A-9. Action for compensation.

45-5A-10. Other remedies not precluded.

45-5A-11. Motor vehicle operation excluded from chapter.