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Home » US Law » 2022 South Dakota Codified Laws » Title 43 - Property » Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners

Section 43-30B-1 – Petition for creation of trust.

43-30B-1. Petition for creation of trust. Any person or entity who holds an interest in a particular tract of land may petition the court in the county where the land is located to declare a trust in favor of an owner of a mineral interest in the particular tract of land if the location or […]

Section 43-30B-2 – Required showing.

43-30B-2. Required showing. If the petitioner can demonstrate that the creation of a trust is in the best interest of the owner and that the petitioner cannot, after due diligence, locate or identify the owner, the court may create a trust, as provided for in §43-30B-1. Source: SL 2013, ch 223, §2; SL 2017, ch […]

Section 43-30B-4 – Administration of trust.

43-30B-4. Administration of trust. Except as otherwise provided in this chapter, the trustee shall administer the trust in compliance with title 55. The trustee may engage agents to assist in the administration of the trust. Trustee fees, agent fees, and any other administrative costs must be reasonable and may be paid from the trust upon […]

Section 43-30B-5 – Termination of trust–Distribution of trust moneys.

43-30B-5. Termination of trust–Distribution of trust moneys. A trust in favor of an unlocatable or unidentifiable mineral owner shall remain in force until an order of the court is entered, after such notice as may be required by the court, finding that an owner has appeared and been identified. The court shall fix the date […]