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Mississippi Statutes, Title 53

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Mississippi/Statutes

← All Mississippi coverage

Title 53, Oil, Gas, and Other Minerals

7 chapters · 195 sections in this title.

All chapters in Title 53195 Ch 9, Surface Coal Mining and Reclamation …55 Ch 3, Development, Production and Distribu…45 Ch 7, Surface Mining and Reclamation of Land35 Ch 1, State Oil and Gas Board29 Ch 11, Mississippi Geologic Sequestration o…17 Ch 5, Geological and Mineral Survey9 Ch 10, Interstate Mining Compact5

195 sections·Filtered byTitle 53✕

Miss. Code Ann. § 53-1-1 Declaration of policy
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It is hereby declared to be in the public interests to foster, encourage and promote the development, production and utilization of the natural resources of oil and gas in the State of Mississippi; and to protect the public and private interests against the evils of waste in the …
Miss. Code Ann. § 53-1-101 Authority to contribute to interstate oil compact commission
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The State Oil and Gas Board may pay annually out of the funds of the board the annual membership dues payable to the Interstate Oil Compact Commission for the membership of the State of Mississippi in that organization. The State Oil and Gas Board may pay the reasonable and neces…
Miss. Code Ann. § 53-1-11 Attorney for board
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The Attorney General shall be the attorney for the board and for the supervisor. However, the board may, from any funds available, retain additional counsel to assist the Attorney General. Any member of the board, or the secretary thereof, shall have the power to administer oaths…
Miss. Code Ann. § 53-1-13 Board; employee eligibility
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No person while engaged in the business of, or in the employ of, or holding an official connection or position with, any person, firm, partnership, corporation or association engaged in the business of buying or selling mineral leases or minerals, drilling wells in search of oil …

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Miss. Code Ann. § 53-1-15 Expenses

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Each member of the board, its employees, and the supervisor shall be reimbursed for necessary and reasonable traveling expenses while traveling on the business of the board upon a signed itemized statement thereof approved by the board. The board may incur the necessary and reaso…

Miss. Code Ann. § 53-1-17 Powers of board

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(1) The board shall have jurisdiction and authority over all persons and property necessary to enforce effectively the provisions of this chapter and all other laws relating to the conservation of oil and gas. (2) The board shall have the authority, and it shall be its duty, to m…

Miss. Code Ann. § 53-1-19 Rules of procedure before board to be consistent with Title 25, Chapter 43; recording and preservation of proceedings

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The board shall prescribe its rules of order or procedure in hearings or other proceedings before it consistent with Title 25, Chapter 43. The board may provide for the recording and preservation of its proceedings by order entered on its minutes.

Miss. Code Ann. § 53-1-21 Public hearing

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No rule, regulation, or order and no change, renewal, or extension thereof, shall, in the absence of an emergency, be made by the board except after a public hearing upon at least ten (10) days’ notice, which notice may be given by publication in some newspaper of general circula…

Miss. Code Ann. § 53-1-23 Emergency rules, regulations, or orders

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In the event an emergency is found to exist by the board which, in its judgment, requires the making, changing, renewal, or extension of a rule, regulation, or order without first having a hearing, such emergency rule, regulation, or order shall have the same validity as if a hea…

Miss. Code Ann. § 53-1-25 Notice and service of process

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In any instance the board may give notice by personal service, in which event written notice thereof may be issued by any member of the board or by the supervisor, and service thereof may be made as provided by the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 53-1-27 Record of rules, regulations and orders

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All rules, regulations, and orders made by the board shall be in writing and shall be entered in full by the secretary of the board in a book to be kept for such purpose by the board, which shall be a public record and open to inspection at all times during reasonable office hour…

Miss. Code Ann. § 53-1-29 Request for hearing

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Any interested person shall have the right to have the board call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the board by making a request therefor in writing. Upon the receipt of any such request, the board promptly shall call …

Miss. Code Ann. § 53-1-3 Definitions

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(a) Unless the context otherwise requires, the words defined in this section shall have the following meaning when found in Sections 53-1-1 through 53-1-47, inclusive, and in Sections 53-3-3 through 53-3-21, inclusive:(a) “Board” shall mean the State Oil and Gas Board as created …

Miss. Code Ann. § 53-1-31 Records; inspection by public

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The permanent records of the board shall be available, upon request, for inspection by the public in accordance with the established procedures of the office of the Oil and Gas Board and during reasonable office hours. All well logs, casing records, compiled data and other inform…

Miss. Code Ann. § 53-1-33 Supervisor and his representatives to have access to all wells

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The supervisor and his representatives or employees shall have access to all wells drilled for oil or gas at any and all times, and any person operating or controlling any lease or property shall permit them to go upon same and inspect any and all wells and well records, while th…

Miss. Code Ann. § 53-1-35 Subpoena of witnesses; contempt

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(a) The board, or any member thereof, or the supervisor is hereby empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before the board, and to require the production of such books, papers and records in any proceeding before the boa…

Miss. Code Ann. § 53-1-37 Service of notices and process upon board

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All notices or other process authorized or required to be served upon the board may be served upon the supervisor or upon any member of the board.

Miss. Code Ann. § 53-1-39 Appeals to the chancery court; pending cases in circuit court

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(a) In addition to other remedies now available, the state, or any interested person aggrieved by any final rule, regulation or order of the board, shall have the right, regardless of the amount involved, of appeal to the Chancery Court of the First Judicial District of Hinds Cou…

Miss. Code Ann. § 53-1-41 Restraining orders, injunctions against board

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(a) No temporary restraining order or injunction of any kind shall be granted against the board, or against any agent, employee or representative of said board restraining the board, or any of its agents, employees or representatives, from enforcing any statute of this state rela…

Miss. Code Ann. § 53-1-43 Suits to restrain violations or threatened violations; lien remedy

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(a) Whenever it shall appear that any person is violating or threatening to violate any statute of this state with respect to the conservation of oil and gas, or any provision of Sections 53-1-1 through 53-1-47, inclusive, and Sections 53-3-1 through 53-3-21, inclusive, or any ru…

Miss. Code Ann. § 53-1-45 Appeals to Supreme Court

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An appeal may be taken, in accordance with the General Laws of the State of Mississippi relating to appeals, from any judgment of the circuit court or decree of any chancery court in any appeal proceeding brought under authority of this section; and such appeal, when docketed in …

Miss. Code Ann. § 53-1-47 Penalty for violations

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(a) (i) Any person, who, for the purpose of evading the provisions of Sections 53-1-1 through 53-1-47, inclusive, or any rule, regulation or order made thereunder, shall make or cause to be made any false entry, statement of fact or omission in any report required by such section…

Miss. Code Ann. § 53-1-5 Board created

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(1) There is hereby created and established a board to be known as the State Oil and Gas Board composed of five (5) members. One (1) member shall be appointed by the Lieutenant Governor for a term of four (4) years, and one (1) member shall be appointed by the Attorney General of…

Miss. Code Ann. § 53-1-7 State supervisor

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The board shall appoint a State Oil and Gas Supervisor, herein called supervisor, who shall be a competent and qualified administrator and receive as compensation for his services an annual salary to be fixed by law. The supervisor shall be solely responsible for the administrati…

Miss. Code Ann. § 53-1-71 Definitions for Sections 53-1-73 through 53-1-77

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As used in Sections 53-1-73 through 53-1-77: The term “barrel of oil” shall be forty-two (42) United States standard gallons corrected to sixty (60) degrees Fahrenheit and all measurements for volume shall be in one hundred percent (100%) strappings. “Cubic foot of gas” shall be …

Miss. Code Ann. § 53-1-73 Charge imposed to pay for administration expenses

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For the purposes of paying the costs and expenses incurred in connection with the administration and enforcement of the oil and gas conservation laws of the State of Mississippi and of the rules, regulations and orders of the State Oil and Gas Board, there is levied and assessed …

Miss. Code Ann. § 53-1-75 Persons liable

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The persons owning an interest (working interest, royalty interest, payments out of production or any other interest) in the oil or gas subject to the charge provided in Section 53-1-73 shall be liable for the charge in proportion to their ownership at the time of production. The…

Miss. Code Ann. § 53-1-77 Oil and gas conservation fund; use of excess funds to plug orphan oil or gas wells; emergency plugging fund; funding of agency expenses; deposit of monies into State General Fund

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(1) The State Oil and Gas Supervisor, as ex officio secretary of such board, shall remit to the State Treasurer all monies collected by reason of the assessments made and fixed under the provisions of Section 53-1-73, and the State Treasurer shall deposit all such monies in a spe…

Miss. Code Ann. § 53-1-9 Employees

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The supervisor shall have the authority, and it shall be his duty, to employ geologists, petroleum engineers, field inspectors and any other personnel necessary to carry out the duties and responsibilities fixed upon him. No person shall be permanently employed by the board who i…

Miss. Code Ann. § 53-3-1 Definitions for certain sections

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Unless the context otherwise requires, words and terms appearing in Sections 53-3-3 through 53-3-21, inclusive, shall have the meaning attributed to them in Section 53-1-3.

Miss. Code Ann. § 53-3-101 Applications; hearings

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The State Oil and Gas Board upon the application of any interested person shall, after notice as herein provided, hold a hearing to consider the need for the operation as a unit of an entire field, or of an entire pool or pools, or of any portion or portions or combinations there…

Miss. Code Ann. § 53-3-103 Oil and Gas Board may order unit operation

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(a) The State Oil and Gas Board may issue an order requiring such unit operation, if it finds that:(a) Unit operation of the field or of any pool or pools, or of any portion or portions or combinations thereof within the field, is reasonably necessary in order to effectively carr…

Miss. Code Ann. § 53-3-105 Provisions and requirements of board’s order

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(a) The order issued by the State Oil and Gas Board shall be fair and reasonable under all of the circumstances and shall protect the rights of interested parties and shall include:(a) A description of the geographical area and a description of the pool or pools, or of any portio…

Miss. Code Ann. § 53-3-107 When order becomes effective

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An order requiring unit operations pursuant to Section 53-3-103, Mississippi Code of 1972, shall not be effective unless and until the plan of unitization and the agreements incorporating the provisions of Section 53-3-105 have been signed or, in writing, ratified, adopted or app…

Miss. Code Ann. § 53-3-109 Amendment of orders; extension of units and inclusion of additional pools

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(a) The State Oil and Gas Board, after notice and hearing, by entry of new or amending orders, may from time to time enlarge the unit area by approving agreements adding to the unit operation a pool or pools or any portion or portions or combinations thereof not theretofore inclu…

Miss. Code Ann. § 53-3-11 Well drilling notice; permit; surety or cash bond for nonresidents; Secretary of State as service agent for nonresidents; taxpayer notice for new wells; board spacing pattern requirements

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(1) Any person desiring or proposing to drill any well in search of oil or gas, before commencing the drilling of any such well, shall notify the oil and gas supervisor upon such form as the board may prescribe. The drilling of any well for oil or gas is hereby prohibited until s…

Miss. Code Ann. § 53-3-111 How production allocated

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The portion of unit production allocated to a separately owned tract within the unit area shall be deemed, for all purposes, to have been actually produced from such tract, and operations with respect to any tract within the unit area shall be deemed for all purposes to be the co…

Miss. Code Ann. § 53-3-113 Authority of unit operator; production by others prohibited

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From and after the effective date of an order of the board entered under the provisions of Sections 53-3-101 through 53-3-119, the operation of any well producing from the unit area defined in the order by persons other than the unit operator or persons acting under the unit oper…

Miss. Code Ann. § 53-3-115 Time and manner of giving notice

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The notice provided for in Sections 53-3-101 through 53-3-119 shall be given in the time and manner as required by law and the rules and regulations of the oil and gas board for hearings by said board and shall be completed at least thirty days before the date set for the hearing…

Miss. Code Ann. § 53-3-117 Administration of Sections 53-3-101 through 53-3-119

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In administering Sections 53-3-101 through 53-3-119, the oil and gas board shall be governed and controlled by the declaration of policy set out in Section 53-1-1 et seq., and except as otherwise herein expressly provided, all proceedings held under Sections 53-3-101 through 53-3…

Miss. Code Ann. § 53-3-119 Court review of order of oil and gas board by appeal to the chancery court

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Any interested person adversely affected by any provision of Sections 53-3-101 through 53-3-119 or by any rule, regulation or order made by the state oil and gas board thereunder, or by any act done or threatened thereunder, may obtain court review and seek relief by appeal, whic…

Miss. Code Ann. § 53-3-13 Permit fee; disposition of fees

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(1) Any person securing a permit to drill a well in search of oil or gas under the provisions of Section 53-3-11 shall pay to the Oil and Gas Supervisor a fee of Six Hundred Dollars ($600.00) upon and for the issuance of the permit. A lesser sum may be paid if the State Oil and G…

Miss. Code Ann. § 53-3-15 Certificate of compliance required before connection with pipe lines; cancellation

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Owners or operators of oil or gas wells shall, before connecting with any oil or gas pipe line, secure from the state oil and gas board a certificate showing compliance with the conservation laws of the state and conservation rules, regulations and orders of the board. No operato…

Miss. Code Ann. § 53-3-151 Definitions

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As used in Sections 53-3-151 through 53-3-165: (a) “underground storage” shall mean storage in an underground reservoir, stratum or formation of the earth; (b) “natural gas” shall mean gas of sufficient purity to be capable of use for residential purposes; (c) “native gas” shall …

Miss. Code Ann. § 53-3-153 Legislative declaration

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The underground storage of natural gas or compressed air which promotes the conservation thereof, which permits the building of large quantities of natural gas or compressed air in reserve for orderly withdrawal in periods of peak demand, making natural gas or compressed air more…

Miss. Code Ann. § 53-3-155 Underground storage authorized pursuant to board’s order

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(a) The use of an underground reservoir, stratum or formation as a reservoir for the storage of natural gas or compressed air as an appliance or appurtenance in connection with the conveying, transmission or distribution of natural gas or compressed air is hereby authorized, prov…

Miss. Code Ann. § 53-3-157 Protection against pollution or against escape of natural gas or compressed air; property rights

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The State Oil and Gas Board shall issue such orders, rules and regulations as may be necessary for the purpose of protecting any such underground storage reservoir, stratum or formation against pollution or against the escape of natural gas or compressed air therefrom, including …

Miss. Code Ann. § 53-3-159 Right of eminent domain

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(a) Any company, person or association of persons, municipality, association of municipalities, public utility district, or natural gas district, incorporated or organized for the purpose of building or constructing pipelines and appliances for the conveying and distribution of o…

Miss. Code Ann. § 53-3-161 Right of landowner to drill and make other use of land

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The right of condemnation granted by Section 53-3-159, shall be without prejudice to the right of the owner of said land or of other rights or interests therein to drill or bore through the underground reservoir, stratum or formation so appropriated in such manner as shall comply…

Miss. Code Ann. § 53-3-163 Action for provable damages

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If any property owner whose interest has been acquired under the provisions of Sections 53-3-151 through 53-3-165, either through negotiation or through eminent domain proceedings, shall file a legal action for provable damages as a result of alleged negligent use of the property…