S.D. Admin. R. 74:29:10:22

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:29:10:22 - Petition to remove lands from preliminary list

Any person may petition the board to remove lands from the preliminary list by submitting a petition including the following information:

(1) The name, address, and telephone number of the person submitting the petition;

(2) The legal description of the lands to be removed from the preliminary list;

(3) A map of sufficient scale to clearly identify the boundaries of the lands to be removed from the preliminary list;

(4) Evidence and data demonstrating that the lands proposed to be removed from the preliminary list do not have any of the characteristics described in SDCL 45-6B-33.3 that resulted in their inclusion on the preliminary list;

(5) A description of the petitioner's interest in the lands proposed to be removed from the preliminary list and the effect to those interests that may result from having the lands on the preliminary list;

(6) A list of all surface and mineral owners of the lands proposed to be removed from the preliminary list; and

(7) The signature of the person submitting the petition witnessed by a notary public and the date of signature.

A copy of the petition must be filed with the register of deeds of the county in which lands proposed for removal from the preliminary list are located at the same time it is submitted to the department. Proof of filing must be submitted to the department.

S.D. Admin. R. 74:29:10:22

17 SDR 86, effective 12/25/1990.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.4.