South Dakota § 45-4-22 Writs of injunction to restore person to possession of mining property.

South Dakota Statutes

§ 45-4-22 — Writs of injunction to restore person to possession of mining property.

South Dakota § 45-4-22

Title 45MINING, OIL AND GAS

Ch. 45-4LOCATION AND WORKING OF MINING CLAIMS

This text of South Dakota § 45-4-22 (Writs of injunction to restore person to possession of mining property.) 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 § 45-4-22 (2026).

Text

The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property:

(1)From which the person may have been ousted by force and violence or by fraud;

(2)From possession of which the person is kept by threats; or (3) If such possession was taken from the person by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent from the property. The granting of the writ extends only to the right of possession under the facts of the case with respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had been issued.

Free access — add to your briefcase to read the full text and ask questions with AI

The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property: (1) From which the person may have been ousted by force and violence or by fraud; (2) From possession of which the person is kept by threats; or (3) If such possession was taken from the person by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent from the property. The granting of the writ extends only to the right of possession under the facts of the case with respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had been issued.