South Dakota § 45-7-8 Action to obtain release--Damages--Attorney fees.

South Dakota Statutes

§ 45-7-8 — Action to obtain release--Damages--Attorney fees.

South Dakota § 45-7-8

Title 45MINING, OIL AND GAS

Ch. 45-7MINERAL, OIL AND GAS LEASES

This text of South Dakota § 45-7-8 (Action to obtain release--Damages--Attorney fees.) 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 § 45-7-8 (2026).

Text

The owner of said land or the owner of the mineral rights may, after thirty days have expired from the time of the service of the demand as set forth in § 45-7-4 , in lieu of the filing of his affidavit, commence an action against the owner of such lease upon his neglect or refusal to execute a release as provided by this chapter in any court of competent jurisdiction, to obtain such release, and he may also recover in such action of the lessee, his successors, or assigns, together with court costs including a reasonable attorney's fee for preparing and prosecuting the suit, in addition to the damages suffered by him as the proximate result of such neglect or refusal to execute a release as herein provided.

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The owner of said land or the owner of the mineral rights may, after thirty days have expired from the time of the service of the demand as set forth in § 45-7-4 , in lieu of the filing of his affidavit, commence an action against the owner of such lease upon his neglect or refusal to execute a release as provided by this chapter in any court of competent jurisdiction, to obtain such release, and he may also recover in such action of the lessee, his successors, or assigns, together with court costs including a reasonable attorney's fee for preparing and prosecuting the suit, in addition to the damages suffered by him as the proximate result of such neglect or refusal to execute a release as herein provided.