South Dakota Statutes

§ 43-1-5 — Appurtenant to land defined--Mining machinery and equipment.

South Dakota § 43-1-5
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-1GENERAL PROVISIONS AND CLASSES OF PROPERTY

This text of South Dakota § 43-1-5 (Appurtenant to land defined--Mining machinery and equipment.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 43-1-5 (2026).

Text

A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air, or heat, from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine.

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Related

Wharf Resources (USA) Inc. v. Farrier
1996 SD 110 (South Dakota Supreme Court, 1996)
12 case citations
Wiege v. Knock
293 N.W.2d 146 (South Dakota Supreme Court, 1980)
11 case citations
Cooperative Agronomy Services v. South Dakota Department of Revenue
2003 SD 104 (South Dakota Supreme Court, 2003)
10 case citations
Full House, Inc. v. Stell
2002 SD 14 (South Dakota Supreme Court, 2002)
9 case citations
Mauch v. South Dakota Department of Revenue & Regulation
2007 SD 90 (South Dakota Supreme Court, 2007)
7 case citations

Legislative History

CivC 1877, § 166; CL 1887, § 2682; RCivC 1903, § 189; RC 1919, § 259; SDC 1939, § 51.0105.

Nearby Sections

15
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Bluebook (online)
South Dakota § 43-1-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-1-5.