S.D. Codified Laws § 45-4-22

Current through the 2024 Legislative Session

Section 45-4-22 - Writs of injunction to restore person to possession of mining property

The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property:

(1) From which the person may have been ousted by force and violence or by fraud;

(2) From possession of which the person is kept by threats; or

(3) If such possession was taken from the person by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent from the property.

The granting of the writ extends only to the right of possession under the facts of the case with respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had been issued.

SDCL 45-4-22

PolC 1877, ch 31, § 20; CL 1887, § 2015; RPolC 1903, § 2549; RC 1919, § 8743; SDC 1939, § 42.0118; SL 2011, ch 165, §182.