South Dakota § 45-5A-4.1 Treble damages for failure to negotiate in good faith.

South Dakota Statutes

§ 45-5A-4.1 — Treble damages for failure to negotiate in good faith.

South Dakota § 45-5A-4.1

Title 45MINING, OIL AND GAS

Ch. 45-5ACOMPENSATION FOR DAMAGES FROM MINING, OIL AND GAS DEVELOPMENT

This text of South Dakota § 45-5A-4.1 (Treble damages for failure to negotiate in good faith.) 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 § 45-5A-4.1 (2026).

Text

If any mineral developer fails or refuses to conduct good faith negotiations with the surface owner to determine damages pursuant to § 45-5A-4 , whether or not arising out of an existing contract or lease, the court, in any subsequent litigation arising out of the mineral developer's failure or refusal to negotiate in good faith, may, at its discretion, award treble damages on all or part of any recovery by the surface owner.

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If any mineral developer fails or refuses to conduct good faith negotiations with the surface owner to determine damages pursuant to § 45-5A-4 , whether or not arising out of an existing contract or lease, the court, in any subsequent litigation arising out of the mineral developer's failure or refusal to negotiate in good faith, may, at its discretion, award treble damages on all or part of any recovery by the surface owner.