Section 43-30A-3 - Acts constituting use of interest. - South Dakota Statutes

43-30A-3. Acts constituting use of interest. A mineral interest is deemed to be used if:
(1) Minerals are produced under that interest;
(2) Operations are conducted thereon for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances;
(3) In the case of solid minerals, there is production from a common vein or seam by the owners of the mineral interest;
(4) Any conveyance, valid lease, mortgage, assignment, order in an estate settlement proceeding, inheritance tax determination affidavit, termination of life estate affidavit, or any judgment or decree that makes specific reference to the mineral interest is recorded in the office of the register of deeds for the county in which the mineral interest is located;
(5) The mineral interest is subject to an order or an agreement to pool or unitize;
(6) Taxes are paid on the mineral interest on behalf of the owner;
(7) A statement of claim is recorded in compliance with § 43-30A-4;
(8) Its owner or lessee uses the mineral interest in a manner pursuant to, or authorized by, the instrument creating the mineral interest; or
(9) A proper instrument describing the mineral interest has been recorded prior to an affidavit recorded under prior law pursuant to § 43-30-7, in the office of the register of deeds for the county in which the mineral interest is located.

Source: SL 1985, ch 338, § 3; SL 1987, ch 318, § 1; SL 1995, ch 167, § 185.