Section 45-5-1 - Owners of mines or mining claims have right-of-way--Roads and ditches--Eminent domainfor pollution control measures. - South Dakota Statutes

45-5-1. Owners of mines or mining claims have right-of-way--Roads and ditches--Eminent domain for pollution control measures. The owner of a mine or mining claim, whether patented under the laws of the United States or held under the local laws and customs of this state, whenever such mine or claim is so situated that it cannot be conveniently worked without a road providing access or without a ditch, cut, or flume to convey water thereto or water and tailings therefrom or without a connecting shaft or tunnel which road, ditch, cut, flume, shaft, or tunnel would necessarily pass over, under, through, or across any lands or mining claims owned or occupied by others under a patent from the United States or otherwise shall be entitled to a right-of-way for such road, ditch, cut, flume, shaft, or tunnel over, under, through, and across such other realty upon compliance with the provisions of this chapter, or whenever such mine or mining claim cannot be conveniently worked without the necessary construction on property owned either in total or in part by others of devices, treatment and tailings ponds, or other installations for treatment of air or water pollution in order to comply with state or federal air and water pollution statutes, rules or regulations, the owner of a mine or mining claim shall be entitled to exercise the power of eminent domain as to the surface estate only, and in the exercise of eminent domain may proceed as condemnation proceedings are conducted by the state Department of Transportation pursuant to chapter 31-19, or as may otherwise be provided.

Source: SL 1881, ch 97, §§ 1, 2; CL 1887, §§ 2016, 2017; RPolC 1903, §§ 2550, 2551; RC 1919, §§ 8744, 8745; SDC 1939, § 42.0201; SL 1976, ch 269.