Chapter 57, MINERALS, OIL, AND GAS
203 sections in this chapter.
Neb. Rev. Stat. § 57-804 Subcontractor; lien.
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Any person, who shall under contract perform any labor or furnish any material or services as a subcontractor under an original contractor or for or to an original contractor or a subcontractor under an original contractor, shall be entitled to a lien upon all the property upon w…
Neb. Rev. Stat. § 57-805 Forfeiture of leasehold interest; effect; failure of equitable interest to ripen into legal title; effect.
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If a lien provided for in sections 57-801 to 57-820 attaches to a leasehold interest, forfeiture of such leasehold interest shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which such lien has attached prior to forfeiture. If a lien pro…
Neb. Rev. Stat. § 57-806 Notice of lien; how given; effect.
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Anything in sections 57-801 to 57-820 to the contrary notwithstanding, any lien claimed by virtue of the provisions of sections 57-801 to 57-820 insofar as it may extend to oil or gas or the proceeds of the sale of oil or gas shall not be effective against any purchaser of such o…
Neb. Rev. Stat. § 57-807 Extent of liability of owner; payment after notice, effect; right of offset.
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Nothing in sections 57-801 to 57-820 shall be deemed to fix a greater liability upon an owner in favor of any claimant under an original contractor than the amount for which the owner would be liable to the original contractor. The risk of all payments made to the original contra…
Neb. Rev. Stat. § 57-808 Lien; time of attaching.
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The lien provided for in sections 57-801 to 57-820 arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor. Upon compliance with the provisions of section 57-811, such lien shall be preferred to all other titles…
Neb. Rev. Stat. § 57-809 Lien; labor preferred over material.
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All liens affixed by virtue of the provisions of sections 57-801 to 57-820 upon the same property shall be of equal standing except that liens of persons for the performance of labor shall be preferred to all other liens affixed by virtue of sections 57-801 to 57-820.
Neb. Rev. Stat. § 57-810 Labor and materials deemed furnished under single contract; lapse of time; effect.
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All labor performed or materials or services furnished by any person entitled to a lien under the provisions of sections 57-801 to 57-820 upon the same leasehold interest for oil and gas purposes or the same pipeline shall for the purposes of sections 57-801 to 57-820 be consider…
Neb. Rev. Stat. § 57-811 Lien; filing; statement; contents.
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Every person, claiming a lien under the provisions of sections 57-801 to 57-820, shall file in the office of the county clerk for the county in which the land identified with the leasehold interest, or pipeline, or some part thereof, is situated, a statement verified by an affida…
Neb. Rev. Stat. § 57-812 Filing of statement; duties of county clerk; effect of filing; fee.
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Immediately upon receipt of the statement of lien mentioned in section 57-811, the county clerk shall give such statement a file number and shall file the same and in addition shall enter a record of the same in a book kept by him or her for that purpose, to be called Oil and Gas…
Neb. Rev. Stat. § 57-813 Filing of bond; procedure; effect.
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(1) Whenever any lien or liens shall be fixed or attempted to be fixed under the provisions of sections 57-801 to 57-820 then the owner or owners of the property on which the lien or liens are claimed or the contractor or subcontractor through whom such lien or liens are claimed,…
Neb. Rev. Stat. § 57-814 Lien; enforcement by civil action; statute of limitations.
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Any lien provided for by the provisions of sections 57-801 to 57-820 may be enforced by civil action in the district court of the county in which the land identified with such leasehold interest, or pipeline, or some part thereof, is situated. Such action shall be brought within …
Neb. Rev. Stat. § 57-815 Actions; parties; defense; retention of funds.
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In such actions all persons whose liens are filed as herein provided and other encumbrancers may be made parties and the issues shall be made and the trials shall be conducted as in other civil cases. Where such action is brought by any person other than an original contractor, t…
Neb. Rev. Stat. § 57-816 Actions; consolidation; intervention.
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If several actions brought to enforce liens under the provisions of sections 57-801 to 57-820 on the same property be pending at the same time, the court may order them to be consolidated. Any claimant having filed his statement of lien as provided by the provisions of sections 5…
Neb. Rev. Stat. § 57-817 Lien; removal of property; consent of holder of lien required.
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When any lien provided for by sections 57-801 to 57-820 shall have attached to the property covered thereby, it shall be unlawful for any person to remove such property, or any part thereof, or cause the same to be removed from the premises where located at the time such lien att…
Neb. Rev. Stat. § 57-818 Judgments; sale under execution.
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In all cases where judgment may be rendered in favor of any person to enforce a lien under the provisions of sections 57-801 to 57-820, the leasehold interest, pipeline, or other property shall be ordered to be sold as in other cases of sales of real estate.
Neb. Rev. Stat. § 57-819 Applicability of sections; liens granted prior to September 20, 1957; filing; enforcement; validity.
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All liens granted by the provisions of sections 57-801 to 57-820 shall be perfected and enforced in accordance with the provisions of sections 57-801 to 57-820 whether such liens arise before or after September 20, 1957. Any unperfected lien granted under any statute in effect pr…
Neb. Rev. Stat. § 57-820 Act, how cited.
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Sections 57-801 to 57-820 shall be known and may be cited as the Oil and Gas Lien Act.
Neb. Rev. Stat. § 57-901 Development of oil and natural gas; purpose.
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The purpose of sections 57-901 to 57-923 is to permit the development of Nebraska's oil and natural gas resources up to the maximum efficient rate of production while promoting the health, safety, and environment of the residents of Nebraska. It is the public policy of the state …
Neb. Rev. Stat. § 57-902 Waste of oil and gas; prohibited.
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Waste of oil and gas, or either of them, as defined in section 57-903, is prohibited in the State of Nebraska.
Neb. Rev. Stat. § 57-903 Oil and gas; terms, defined.
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As used in sections 57-901 to 57-921, unless the context otherwise requires: (1)(a) Waste, as applied to oil, shall include underground waste, inefficient, excessive, or improper use, or dissipation of reservoir energy, including gas energy and water drive, surface waste, open pi…
Neb. Rev. Stat. § 57-904 Nebraska Oil and Gas Conservation Commission; members; qualifications; appointment; term; quorum; vacancy; compensation; expenses.
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There is hereby established the Nebraska Oil and Gas Conservation Commission. The commission shall consist of three members to be appointed by the Governor. The director of the state geological survey shall serve the commission in the capacity as its technical advisor, but with n…
Neb. Rev. Stat. § 57-905 Commission; powers and duties.
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(1) The commission shall have jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of sections 57-901 to 57-921. (2) The commission shall have authority, and it is its duty, to make such investigations as it…
Neb. Rev. Stat. § 57-905.01 Operator of Class II commercial underground injection well; duties.
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An operator of a Class II commercial underground injection well shall sample and analyze the fluids injected into each disposal well at sufficiently frequent time intervals to yield data representative of fluid characteristics, but no less frequently than once annually. The opera…
Neb. Rev. Stat. § 57-906 Oil and gas; drilling permit; abandonment permit; fee.
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(1) It shall be unlawful to commence operations for the drilling of a well for oil or gas without first giving to the commission notice of intention to drill, and without first obtaining a permit from the commission, under such rules and regulations as may be reasonably prescribe…
Neb. Rev. Stat. § 57-907 Commission; limitation on production; duties.
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(1) The commission shall limit the production of oil and gas from each pool to that amount which can be produced without waste in such pool. (2) Whenever the commission limits the total amount of oil and gas which may be produced in any pool in this state to an amount less than t…
Neb. Rev. Stat. § 57-908 Commission; spacing units; establish.
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(1) When required to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the commission shall establish spacing units for a pool, except in those pools which, prior to September 28, 1959, have been developed to such an extent that it would…
Neb. Rev. Stat. § 57-909 Spacing unit; pooling of interests; order of commission; provisions for drilling and operation; costs; determination; recording.
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(1) When two or more separately owned tracts are embraced within a spacing unit or when there are separately owned interests in all or part of the spacing unit, then the owners and royalty owners thereof may pool their interests for the development and operation of the spacing un…
Neb. Rev. Stat. § 57-910 Unit or cooperative development; plans and agreements; authorization; not violations of law; approval by commission; effect.
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Plans and agreements for the unit or cooperative development and operation of a field or pool, or a part of either, including those in connection with the conduct of repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and sep…
Neb. Rev. Stat. § 57-910.01 Unit or cooperative development; application for order for unit operation; contents.
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Any owner may file an application with the commission requesting an order for the unit operation of a pool, pools, or parts thereof and for the pooling of the interests in the oil and gas in the proposed unit area for the purpose of conducting such unit operation. The application…
Neb. Rev. Stat. § 57-910.02 Unit or cooperative development; hearing; notice.
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Upon filing of an application for an order providing for the unit operation of a pool, pools, or part thereof, and for the pooling of the interests in the oil and gas in the proposed unit area, the commission shall promptly set the matter for hearing and in addition to the notice…
Neb. Rev. Stat. § 57-910.03 Unit or cooperative development; findings required; entry of order; written consents required; revocation of order.
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If after considering the application and hearing the evidence offered in connection therewith the commission finds that: (1) The material averments of the application are true; (2) Such unit operation is feasible, will prevent waste, and can reasonably be expected to increase sub…
Neb. Rev. Stat. § 57-910.05 Unit or cooperative development; order for unit operation; allocation of unit production.
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Upon application by an owner the commission, by order, may, in the same manner and subject to the same conditions as in an original order, provide for the unit operation of a pool or pools, or parts thereof, that embrace a unit area established by a previous order of the commissi…
Neb. Rev. Stat. § 57-910.06 Unit or cooperative development; operations upon any portion of unit area; effect.
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All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The…
Neb. Rev. Stat. § 57-910.07 Unit or cooperative development; unit production; allocation; property of several owners.
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The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.
Neb. Rev. Stat. § 57-910.08 Unit or cooperative development; division orders; no termination by commission.
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No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by any commission order, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisi…
Neb. Rev. Stat. § 57-910.09 Unit or cooperative development; commission order not to result in transfer of title.
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Except to the extent that the parties affected so agree, no commission order shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area.
Neb. Rev. Stat. § 57-910.10 Unit or cooperative development; lien of operator; establishment and enforcement; effect on nonconsenting owner.
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Subject to the limitations set forth in sections 57-910 to 57-910.12, and to such further limitations as may be set forth in the plan of unitization and operating plan, the operator of the unit shall have a first and prior lien for costs incurred pursuant to the plan of unitizati…
Neb. Rev. Stat. § 57-910.11 Unit or cooperative development; owner of land not subject to lease; obligation to pay share of costs of unit operation; effect.
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Notwithstanding any provisions in sections 57-910 to 57-910.12 to the contrary, any person who owns an oil or gas interest within the unit area in a tract which is not subject to an oil and gas lease or similar contract shall be deemed, for purposes of this section, an owner obli…
Neb. Rev. Stat. § 57-910.12 Unit or cooperative development; certified order of commission; recording; effect as notice.
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A certified copy of any order of the commission entered under any provisions of sections 57-910 to 57-910.12 shall be entitled to be recorded in the office of the register of deeds for the counties where all or any portion of the unit area is located, and such recordation shall c…
Neb. Rev. Stat. § 57-911 Commission; rules and regulations; filing fee.
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(1) The commission shall prescribe rules and regulations governing the practice and procedure before the commission. (2) No rule, regulation, or order, or amendment thereof, except in an emergency, shall be made by the commission without a public hearing upon at least fifteen day…
Neb. Rev. Stat. § 57-912 Commission; witnesses; power of subpoena; failure to appear or testify; contempt.
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(1) The commission shall have the power to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation conducted by it. Any oral or documentary evidence may be received, but the commission sha…
Neb. Rev. Stat. § 57-913 Appeal; procedure.
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Any person having an interest in property affected by and who is dissatisfied with any rule, regulation, or order made or issued under sections 57-901 to 57-921 may appeal the rule, regulation, or order, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 57-914 Temporary restraining order; bond; limitation of actions.
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(1) No temporary restraining order or injunction of any kind against the commission or its agents, employees or representatives, or the Attorney General, shall become operative unless and until the plaintiff party shall execute and file with the clerk of the district court a bond…
Neb. Rev. Stat. § 57-915 Violations; penalty.
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(1) Any person who violates any provision of sections 57-901 to 57-921, or any rule, regulation or order of the commission shall be guilty of a Class II misdemeanor. Each day that such violation continues shall constitute a separate offense. (2) If any person, for the purpose of …
Neb. Rev. Stat. § 57-916 Violations; injunction; parties; process.
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(1) Whenever it appears that any person is violating or threatening to violate any provision of sections 57-901 to 57-921, or any rule, regulation or order of the commission, the commission shall bring suit against such person in the district court of any county where the violati…
Neb. Rev. Stat. § 57-916.01 Violations; civil penalty; procedure.
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(1) In addition to the penalties prescribed in section 57-915, any person who violates any provision of sections 57-901 to 57-921, any rule, regulation, or order of the commission, or any term, condition, or limitation of any permit issued pursuant to such sections, rule, regulat…
Neb. Rev. Stat. § 57-917 Commission; director; appointment; compensation; bond or insurance.
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To enable the commission to carry out its duties and powers under the laws of this state with respect to conservation of oil and gas and to enforce sections 57-901 to 57-921 and the rules and regulations so prescribed, the commission shall employ one chief administrator who shall…
Neb. Rev. Stat. § 57-918 Attorney General; act as legal advisor; administration of oath.
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The Attorney General shall be the attorney for the Nebraska Oil and Gas Conservation Commission; Provided, that in cases of emergency or in other special cases the commission may, with the consent of the Attorney General retain additional legal counsel, and for such purpose may u…
Neb. Rev. Stat. § 57-919 Oil and Gas Conservation Fund; investment; charges; exemptions; payment; report of producer; filing; interest; lien; penalties.
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(1) All money collected by the Tax Commissioner or the commission or as civil penalties under sections 57-901 to 57-921 shall be remitted to the State Treasurer for credit to a special fund to be known as the Oil and Gas Conservation Fund. Expenses incident to the administration …
Neb. Rev. Stat. § 57-920 Sections; jurisdiction.
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The State of Nebraska being a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, sections 57-901 to 57-921 shall apply to all lands in the State of Nebraska lawfully subject to its police powers, except it shall apply to lands of the United S…