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Holsti v. Kimber

Supreme Court of South Dakota

April 16, 2014

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

Considered on Briefs March 24, 2014.

As Corrected May 22, 2014.

Page 924

APPEAL fro THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT HARDING COUNTY, SOUTH DAKOTA. THE HONORABLE JOHN W. BASTIAN Retired Judge.

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 of Lynn, Jackson, Shultz & Lebrun PC, Rapid City, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice. GILBERTSON, Chief Justice, and ZINTER, SEVERSON, and WILBUR, Justices, concur.

OPINION

Page 925

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 for himself. The deed was recorded in Harding County, South Dakota and described the land as:

Township 21 North, Range 2 East, Black Hills Meridian, Harding County, SD: Section 8: S.W. 1/4

Kvalheim's address was listed on the deed as " Westhope, N.Dak." That same year, he executed his Last Will and Testament devising to each of his eight heirs a one-eighth interest in his estate. ...


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