This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.
South Dakota Surface — Unauthorized Use refers to the act of utilizing or accessing the state's land surfaces without proper authorization or consent. This unauthorized use includes any activity conducted on South Dakota's land surfaces, such as public or private properties, roadways, parks, or recreational areas, without the necessary permits, licenses, or legal rights. Unauthorized use of South Dakota's surface can encompass various activities that infringe upon the rights of landowners, government entities, or other rightful users. These activities may include: 1. Trespassing: This involves entering or remaining on someone's property without permission. Trespassing can vary from minor infractions, like crossing a private land to reach a destination, to more significant offenses, such as unlawfully occupying or using someone else's land for personal or business purposes. 2. Unauthorized Construction: Building or erecting structures, fences, or other improvements on South Dakota's land surfaces without proper legal authorization is deemed as unauthorized construction. This includes constructing buildings, agricultural facilities, or any physical alterations on public or private lands without obtaining the necessary permits or following applicable regulations. 3. Illegal Hunting or Fishing: Engaging in hunting or fishing activities on South Dakota's surface without proper permits, licenses, or adherence to established rules and regulations can be classified as unauthorized use. This may include hunting or fishing without required documents, hunting outside designated seasons or locations, or exceeding established bag limits or quotas. 4. Off-Road Vehicle (OR) Misuse: Ores, including quad bikes, dirt bikes, or other recreational vehicles, are often used on South Dakota's land surfaces. However, unauthorized use occurs when these vehicles are operated in unauthorized areas, like private lands without owner's consent, protected wildlife habitats, or prohibited sections of public lands. 5. Permitted Events or Activities: Organizing or conducting events, festivals, gatherings, or any other activities on South Dakota's surface without obtaining the appropriate permits or permissions is considered unauthorized use. This could encompass organizing commercial events, concerts, parties, or even social gatherings without adhering to local, state, or federal regulations. 6. Use of Public Lands for Commercial Purposes: Operating commercial activities such as mining, logging, or grazing on public lands in South Dakota without proper authorization or permits is considered unauthorized use. Public lands are typically managed by government agencies and require specific contracts, leases, or agreements for commercial activities to take place lawfully. To prevent and deter unauthorized use of South Dakota's surface, authorities employ enforcement measures, conduct regular patrols, and encourage public awareness of the laws and regulations governing land use. Penalties for unauthorized use can range from fines and citations to more severe legal consequences, depending on the nature and severity of the offense.
