Section 45-5-2 - Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief. - South Dakota Statutes

45-5-2. Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief. Whenever the owner of any mining claim shall desire to work the same and to enable him to do so successfully and conveniently it is necessary that he have a right-of-way for any of the purposes mentioned in § 45-5-1, and such right-of-way shall not have been acquired by agreement between him and the owner of the claim over, under, across, or upon which he seeks to establish such right-of-way, he may present to the judge of the circuit court for the county in which the desired right-of-way or some part thereof is situated, and file with the clerk of said court a petition praying that such right-of-way be awarded to him. Such petition shall be verified and contain a particular description of the character and extent of the right sought, a description of the mine or claim of the petitioner, and the claim or claims on lands to be affected by such right or privilege, with the names of the occupants or owners thereof; it may also set forth any tender or offer mentioned in § 45-5-14 and shall demand the relief sought.

Source: SL 1881, ch 97, § 3; CL 1887, § 2018; RPolC 1903, § 2552; RC 1919, § 8746; SDC 1939, § 42.0202.