Property Ownership

In South Dakota, 'subsurface rights' (mineral rights) can be:

AOnly owned by the state government
BOwned and conveyed separately from surface rights✓ Correct
COnly transferred as part of the surface estate
DAutomatically extinguished upon sale of the surface

Explanation

In South Dakota, mineral rights can be severed from surface rights and owned, sold, or leased independently. When mineral rights have been severed, the deed must clearly state whether the conveyance includes mineral rights or only the surface estate.

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