State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-07 > Statute-45-7-4

45-7-4. Demand for release--Service upon lease owner of record--Form. If the record owner of the lease shall fail or neglect to execute and record such surrender within the time provided for, then the owner of said land or mineral rights may serve upon the lease owner of record in person, or by registered or certified letter mailed to his address as disclosed by the lease or assignment under which he holds, or in the absence thereof, by publication for two consecutive weeks in a newspaper of general circulation in the county where the land is situated, a notice in writing in substantially the following form:
To __________:
I, the undersigned owner of the following described land situated in ____ county, South Dakota, to wit:
(Description of land)
upon which a lease dated ____ day of ____, 20__, was given to: ____, do hereby notify you that said lease has expired or has become forfeited and that I hereby elect to declare, and do declare, the said lease forfeited and void, and that unless, within thirty days from the date of service, mailing or first publication of this notice, you notify the register of deeds of said county as provided by law that said lease has not been forfeited or has not expired, I will file with the said register of deeds an affidavit of forfeiture as provided by law; and I hereby demand that you execute, or have executed, a proper surrender of said lease and that you put the same of record in the office of the register of deeds of said county within said thirty-day period.
Dated this ____ day of ____, 20__.
______________________________.

Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.