This bill amends existing laws regarding the ownership succession of abandoned mineral interests in South Dakota. It specifies that failure to record a statement of claim does not result in abandonment if the record owner submits the claim within sixty days after fulfilling the recording requirements. Additionally, it outlines the process for a surface owner to succeed to the ownership of an abandoned mineral interest, which now requires the surface owner to provide notice of the lapse to the record owner and subsequently record an affidavit of succession with the county register of deeds.

The bill introduces detailed requirements for the affidavit of succession, including the names of the record owner and the claiming successor, a legal description of the land, confirmation that the twenty-three-year period has elapsed, and a statement affirming that no other parties have rights to the mineral interest. It also establishes that the affidavit serves as prima facie evidence of proper notice and prohibits the register of deeds from accepting recordings that do not comply with these new requirements.

Statutes affected:
Introduced, 02/05/2025: 43-30A-5, 43-30A-6