Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location.

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45-4-8. Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location.

If the locator of any mining claim or the locator's assigns:

(1)Believes that the original certificate was defective or erroneous;

(2)Believes that the requirements of the law were not complied with before filing; or

(3)Desires to change the surface boundaries of the claim or to take in any part of an overlapping claim which has been abandoned;

the locator or the locator's assigns may file an additional certificate subject to the provisions of this chapter. No such relocation interferes with the existing rights of others at the time of the relocation, and no such relocation nor the record of any such relocation precludes the claimant from proving any such title as the claimant may have held under any previous location.

Source: PolC 1877, ch 31, §13; CL 1887, §2008; RPolC 1903, §2543; RC 1919, §8737; SDC 1939, §42.0114; SL 2011, ch 165, §173.


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