# S.D. Codified Laws § 45-4-22: Writs of injunction to restore person to possession of mining property

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-22

## Section

- **Citation:** S.D. Codified Laws § 45-4-22
- **Heading:** Writs of injunction to restore person to possession of mining property
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 45 / Chapter 4 / Section 45-4-22

## Text

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.

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

## Nearby sections

- [S.D. Codified Laws § 45-4-1 Discovery of lode within limits of claim essential](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-1.md)
- [S.D. Codified Laws § 45-4-2 Conditions precedent to filing of location certificate](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-2.md)
- [S.D. Codified Laws § 45-4-3 Marking surface boundaries of claim](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-3.md)
- [S.D. Codified Laws § 45-4-4 Location certificate--Recording of claim--Contents--Validity](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-4.md)
- [S.D. Codified Laws § 45-4-5 Location certificate limited to single location](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-5.md)
- [S.D. Codified Laws § 45-4-6 Dimensions of lode claim--Determination of width by election](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-6.md)
- [S.D. Codified Laws § 45-4-7 Fee for recording and certification of location certificate--Certified copy](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-7.md)
- [S.D. Codified Laws § 45-4-8 Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-8.md)
- [S.D. Codified Laws § 45-4-9 Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-9.md)
- [S.D. Codified Laws § 45-4-10 Location certificate--Surface ground included and excluded](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-10.md)
- [S.D. Codified Laws § 45-4-11 Longitudinal limits of claim](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-11.md)
- [S.D. Codified Laws § 45-4-13 Right to mine separate from right to surface--Security required of miner--Enforcement](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-13.md)
- [S.D. Codified Laws § 45-4-14 Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-14.md)
- [S.D. Codified Laws § 45-4-15 Actions involving mining claims--Proof of customs, usages, or regulations](https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-15.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T45_C4_S45-4-22. Check the current official text before relying on it. Not legal advice.