This bill amends South Dakota law regarding the process for succeeding to the ownership of abandoned mineral interests. 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 that a surface owner must provide notice of the lapse of the mineral interest to the record owner and subsequently record an affidavit of succession with the county register of deeds.

The bill also details the necessary components 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 elapsed twenty-three-year period, and an assertion that no other parties have rights to the mineral interest. Furthermore, it establishes that the affidavit serves as prima facie evidence of proper notice 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