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HOLSTI v. KIMBER

No. 26821.

845 N.W.2d 923 (2014)

2014 S.D. 21

John B. HOLSTI and Mark Holsti a/k/a Joseph M. Holsti, Plaintiffs and Appellees, v. Alta KIMBER, presumed deceased, Merlyn Soffa, deceased, Frank Soffa, Presumed deceased, M.A. Haslerud a/k/a Meredith A. Haslerud, deceased, Norma Haslerud, Presumed deceased, Selmer Jerome Hjelmeland, Norman Flagstad, Randy Nelson, Kenneth Leom and George Albert, Defendants, and Severt Kvalheim, deceased, Defendant, and Sylvia Hjelmeland, Katherine E. Hjelmeland, Gregory J. Hjelmeland, Norman R. Flagstad, Nina Grev f/k/a Nina Nelson, Lois Leom, Janet C. Albert, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 16, 2014.

Attorney(s) appearing for the Case

Dwight A. Gubbrud , Kellen B. Willert , Bennett, Main & Gubbrud, PC, Belle Fourche, South Dakota, Attorneys for plaintiffs and appellees.

Haven L. Stuck , Dana Van Beek Palmer , Lynn, Jackson, Shultz & Lebrun PC, Rapid City, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] In this quiet title action, the circuit court granted summary judgment, ruling that the surface estate owners had succeeded to the ownership of the previously severed mineral interests because those interests were abandoned for nonuse under SDCL 43-30A-2.

Background

[¶ 2.] In 1967, Severt Kvalheim conveyed certain real property to Gordon Holsti by warranty deed. Kvalheim reserved fifty percent of the mineral rights...

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