This bill amends South Dakota law regarding the process for succeeding to the ownership of abandoned mineral interests. It modifies Section 43-30A-5 to clarify that failure to record a statement of claim does not result in abandonment if the record owner submits the claim within sixty days after meeting the recording requirements outlined in Section 43-30A-6. Additionally, Section 43-30A-6 is amended to require surface owners to provide notice of the lapse of a mineral interest to the record owner via first-class mail and to record an affidavit of succession with the county register of deeds.

The bill specifies the contents of the affidavit of succession, which must include the name of the record owner, a legal description of the land, the name and signature of the claiming successor, a statement confirming the twenty-three-year period has elapsed, and an assertion that no other parties have rights to the mineral interest. It also establishes that the affidavit serves as prima facie evidence that the notice has been properly given and stipulates that a register of deeds cannot accept a recording for ownership succession unless it meets the outlined requirements.

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