Chapter 57, MINERALS, OIL, AND GAS
203 sections in this chapter.
Neb. Rev. Stat. § 57-1609 Permit; issuance; consultation required.
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Before issuing a permit, the commission shall consult with the Department of Water, Energy, and Environment and the Underground Injection Control program permitting authority.
Neb. Rev. Stat. § 57-1610 Permit; issuance; findings.
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Before issuing a permit, the commission shall find: (1) That the storage operator has complied with all requirements set by the commission; (2) That the storage facility is suitable and feasible for carbon dioxide injection and storage; (3) That the carbon dioxide to be stored is…
Neb. Rev. Stat. § 57-1611 Permit or order; contents.
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The commission may include in a permit or order all things necessary to carry out the objectives of the Nebraska Geologic Storage of Carbon Dioxide Act and to protect and adjust the respective rights and obligations of persons affected by geologic storage.
Neb. Rev. Stat. § 57-1612 Reservoir estates owned by nonconsenting owners; included when.
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If a storage operator does not obtain the consent of all persons who own a reservoir estate within the storage reservoir, the commission may require that any reservoir estates owned by nonconsenting owners be included in a storage facility and subject to geologic storage.
Neb. Rev. Stat. § 57-1613 Certificate; issuance; filing.
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When the commission issues a permit, it shall also issue a certificate stating that the permit has been issued, describing the area covered, and containing other information the commission deems appropriate. The commission shall file a copy of the certificate with the register of…
Neb. Rev. Stat. § 57-1614 Storage facility; commission; duties; effect on jurisdiction of Department of Water, Energy, and Environment.
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(1) The commission shall take action to ensure that a storage facility does not cause pollution or create a nuisance. For the purposes of this provision and in applying other laws, carbon dioxide streams stored, and which remain in storage under a commission permit, are not a pol…
Neb. Rev. Stat. § 57-1615 Act; permit; how construed.
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The Nebraska Geologic Storage of Carbon Dioxide Act and any issuance of a permit under the act shall not be construed to: (1) Prejudice the rights of property owners within a storage facility to exercise rights that have not been committed to a storage facility; (2) Prevent a min…
Neb. Rev. Stat. § 57-1616 Fees; Carbon Dioxide Storage Facility Administrative Fund; created; use; investment.
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(1) Storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee shall be in an amount set by the commission in rules and regulations adopted and promulgated by the commission. The amount shall be based on the commission's anticipat…
Neb. Rev. Stat. § 57-1617 Fees; Carbon Dioxide Storage Facility Trust Fund; created; use; investment.
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(1) In addition to the fee required under section 57-1616, storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee shall be in an amount set by the commission in rules and regulations adopted and promulgated by the commission. …
Neb. Rev. Stat. § 57-1618 Carbon dioxide; title; liability.
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The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the commission issues a certificate of project completion under section 57-1619. While the storage operator holds title, the operator is liable for any damag…
Neb. Rev. Stat. § 57-1619 Certificate of project completion; notice; hearing; consultation; issuance; conditions; effect.
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(1) After carbon dioxide injections into a reservoir end and upon application by the storage operator, the commission shall consider issuing a certificate of project completion. (2) The certificate may only be issued after public notice and hearing. The commission shall establish…
Neb. Rev. Stat. § 57-1620 Prohibited acts; violations; penalties.
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(1) Any person who violates any provision of the Nebraska Geologic Storage of Carbon Dioxide Act or any rule, regulation, or order of the commission under the act shall be guilty of a Class II misdemeanor unless another penalty is specifically provided for such violation. Each da…
Neb. Rev. Stat. § 57-1621 Agreements with government entities and state agencies; contracts authorized.
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(1) The commission may enter into agreements with other government entities and state agencies for the purpose of carrying out the objectives of the Nebraska Geologic Storage of Carbon Dioxide Act, including agreements under the Interlocal Cooperation Act when applicable. (2) The…
Neb. Rev. Stat. § 57-1622 Storage facility; cooperative operation.
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Cooperative operation of a storage facility under a permit issued by the commission does not violate Nebraska statutes relating to trusts, monopolies, or restraint of trade.
Neb. Rev. Stat. § 57-1623 Geologic storage project; consent and participation; authorized.
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State agencies and political subdivisions are authorized to consent to and participate in a geologic storage project.
Neb. Rev. Stat. § 57-1624 Storage amount; determination; fee.
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(1) The commission, under procedures and criteria it may adopt, shall determine the amount of injected carbon dioxide stored in a storage reservoir. (2) The purpose for determining storage amounts is to facilitate using the stored carbon dioxide for such matters as carbon credits…
Neb. Rev. Stat. § 57-1625 Act, rule, regulation, order, or permit; violation; civil penalty; disciplinary action; other order; procedure.
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(1) In addition to the penalties prescribed in sections 57-1620 and 57-1626, whenever it appears that any person is violating or threatening to violate any provision of the Nebraska Geologic Storage of Carbon Dioxide Act, any rule, regulation, or order of the commission, or any t…
Neb. Rev. Stat. § 57-1626 Activity endangering or causing damage to public health or the environment; restrain; procedure.
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In addition to the penalties prescribed under sections 57-1620 and 57-1625, whenever it appears to the commission, upon receipt of information that any person is violating or threatening to violate any provision of the Nebraska Geologic Storage of Carbon Dioxide Act by engaging i…
Neb. Rev. Stat. § 57-201 Oil, gas, and mineral leases; forfeiture; duty of lessee to surrender.
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When any oil, gas, or other mineral lease heretofore or hereafter given on land situated in any county of Nebraska, and recorded therein, shall become forfeited, it shall be the duty of the lessee, his successors or assigns, within thirty days after the date of the forfeiture, to…
Neb. Rev. Stat. § 57-202 Forfeited lease; failure to surrender; notice by landowner; form.
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If the lessee, his or her successors or assigns, shall fail or neglect to execute and record such surrender within the time provided for, then the owner of the land may serve upon the lessee, his or her successors or assigns, in person or by either registered or certified letter,…
Neb. Rev. Stat. § 57-203 Forfeited lease; failure to surrender; publication of notice; landowner's affidavit; contents.
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The owner of the land may, after ten days from the date of service, registration, or publication of the notice, provided for by section 57-202, file with the register of deeds of the county where the land is situated an affidavit setting forth (1) that the affiant is the owner of…
Neb. Rev. Stat. § 57-204 Lease; claim of nonforfeiture by lessee; notice to register of deeds; effect; effect of failure to give notice.
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(1) If the lessee, his successors or assigns, shall, within twenty days after the filing of the affidavit referred to in section 57-203, give notice in writing to the register of deeds of the county where the land is located that the lease has not been forfeited and that the less…
Neb. Rev. Stat. § 57-205 Forfeited lease; lessee's failure to execute surrender; remedy of lessor.
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Should the owner of such lease neglect or refuse to execute a surrender as provided in section 57-201, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such surrender, and he may also recover in such action of the lessee, his successo…
Neb. Rev. Stat. § 57-206 Lease; discharge by entry on margin of record; procedure.
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Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled of record by an entry on the margin of the record thereof signed by the lessee or his assigns of record, or his duly auth…
Neb. Rev. Stat. § 57-207 Lease; discharge by endorsement on indenture; procedure.
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Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled by an endorsement made on the original lease signed by the lessee or his duly authorized attorney in fact, assignee of re…
Neb. Rev. Stat. § 57-208 Lease; filing with register of deeds; effect; contingent extension provision; affidavit of happening of contingency; filing; effect.
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When an oil, gas or mineral lease is given on land situated within the State of Nebraska, the recording thereof in the office of the register of deeds of the county in which the land is located shall impart notice to the public of the validity and continuance of such lease for th…
Neb. Rev. Stat. § 57-209 Lease; discharge of record; demand; requisite for action by landowner, when.
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At least twenty days before bringing the action provided for in section 57-205, the owner of the leased land, either by himself or by his agent or attorney, shall demand of the holder of the lease, if such demand by ordinary diligence can be made in this state, that such lease be…
Neb. Rev. Stat. § 57-210 Oil or gas lease; authority of executor, administrator, guardian, conservator, or trustee to execute; ratification of unauthorized or defective lease; how obtained.
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Proceedings may be had in the county court of the county in which an estate or trust is being administered or proceedings for guardianship or conservatorship are being had or in the county court of the county in which real estate is situated, for authority to lease any interest i…
Neb. Rev. Stat. § 57-211 Lease; authority of executor, administrator, guardian, conservator, or trustee to execute; how obtained; petition; contents.
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The petition for such lease shall show (1) the advantage that may accrue to the estate or trust being administered or guardianship or conservatorship proceedings being had from making such proposed lease or entering into such pooling or unitization contract; (2) a general descrip…
Neb. Rev. Stat. § 57-212 Lease; authority of executor, administrator, guardian, conservator, or trustee to execute; notice; hearing; procedure; order.
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(1) Upon the filing of such petition, the court or judge thereof sitting in chambers within the district, if such court or judge deems the petition sufficient, shall set the matter down for hearing and direct to what persons and in what manner notice of such hearing shall be give…
Neb. Rev. Stat. § 57-212.01 Lease; authority of executor, administrator, guardian, or trustee to execute; petition; unknown owners, heirs, devisees, or legatees; procedure.
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Whenever it is set forth in the petition that there are unknown owners, or unknown heirs, devisees, or legatees of deceased owners, who claim or appear to have some interest in, rights or title to, or lien upon the real estate sought to be leased, the provisions of section 25-321…
Neb. Rev. Stat. § 57-218 Oil and gas leases; authority to issue.
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The governing board of all lands of the State of Nebraska, except the Board of Educational Lands and Funds, and the governing board of all cities, towns, counties, public power districts, school districts and all other governmental subdivisions of the State of Nebraska are respec…
Neb. Rev. Stat. § 57-219 Oil and gas leases; annual delay rentals; royalties.
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Oil and gas leases, issued pursuant hereto, shall be for terms not to exceed ten years and as long thereafter as oil or gas is produced in paying quantities. Such leases shall provide for annual delay rentals of not less than twenty-five cents per acre and for a royalty of not le…
Neb. Rev. Stat. § 57-220 Oil and gas leases; sale at public auction; notice.
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No such lease shall be sold except at public auction and after notice of the time and place of such sale, by publication two consecutive weeks in a legal newspaper published in the county where the land to be leased is situated and such other notice, if any, as the governing boar…
Neb. Rev. Stat. § 57-221 Oil and gas leases; pooling of acreage authorized; allocation of production.
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Such governing boards are respectively authorized in their discretion to enter into appropriate agreements for the purpose of unit or cooperative exploration, development, and operation of acreage, or any part of the acreage, covered by leases granted pursuant hereto with other a…
Neb. Rev. Stat. § 57-222 Oil and gas leases; life tenant; trustee for remaindermen; appointment.
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In any case where, by will, deed, or other instrument, title to real estate is in a tenant for life or other person having the right to the use thereof and income therefrom, with the remainder interest left to one or more contingent remaindermen, so that it is impossible to deter…
Neb. Rev. Stat. § 57-223 Oil and gas leases; trustee for remaindermen; execute when authorized by court; procedure.
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The trustee shall have the power and authority, subject to approval of the county court of the county where the land is located, to make valid oil and gas leases, pooling or unitization contracts, and other mining leases, upon the lands, for a term not to exceed ten years, and as…
Neb. Rev. Stat. § 57-224 Oil and gas leases; trustee for remaindermen; invest income from royalties.
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Under proper court order, the trustee shall be authorized to invest income from royalties in like manner as funds of guardianships may be invested, which investments shall remain intact until the ultimate taker is determined and shall then be paid over to such ultimate taker and …
Neb. Rev. Stat. § 57-227 Mineral and royalty interests; separate interests; effect of foreclosure of lien for taxes.
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No estate or interest in land or minerals, including royalty interest, shall be subject to foreclosure or otherwise affected by virtue of any lien for taxes against any other estate or interest in such land or minerals owned by another person, firm, or corporation.
Neb. Rev. Stat. § 57-228 Mineral interest; severed; termination; suit in equity; defendants.
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Any owner or owners of the surface of real estate from which a mineral interest has been severed, on behalf of himself and any other owners of such interest in the surface, may sue in equity in the county where such real estate, or some part thereof, is located, praying for the t…
Neb. Rev. Stat. § 57-229 Mineral interests; severed; abandonment; extension; procedure.
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A severed mineral interest shall be abandoned unless the record owner of such mineral interest has within the twenty-three years immediately prior to the filing of the action provided for in sections 57-228 to 57-231, exercised publicly the right of ownership by (1) acquiring, se…
Neb. Rev. Stat. § 57-230 Mineral interests; severed; abandoned; judgment.
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If the court shall find that the severed mineral interest has been abandoned, it shall enter judgment terminating and extinguishing it, canceling it of record, and vesting the title thereto in the owner or owners of the interest in the surface from which it was originally severed…
Neb. Rev. Stat. § 57-231 Mineral interests; severed; limitation of action.
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In any action filed within two years after October 23, 1967, the owner of a severed mineral interest may enter his appearance and assert his interest therein, and he shall be deemed thereby to have timely and publicly exercised his right of ownership.
Neb. Rev. Stat. § 57-234 Fractional interests in oil, gas, or hydrocarbon units or fields; taxation; violations; penalty.
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(1) When oil, gas, or other hydrocarbon wells or fields belonging to multiple owners are operated as a unit, the owner of each fractional interest in such unit shall be liable for the same proportion of the tax levied against the real property of the unit that his or her fraction…
Neb. Rev. Stat. § 57-235 Terms, defined.
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For purposes of sections 57-235 to 57-239, unless the context otherwise requires: (1) Mineral interests shall mean mines, minerals, quarries, mineral springs and wells, oil and gas wells, and overriding royalty interests and production payments with respect to oil or gas leases; …
Neb. Rev. Stat. § 57-236 Mineral interests; severed; placed on tax list; application; contents.
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Any owner of the surface estate from which a mineral interest has been severed or the owner of the mineral interest which has been severed may file an application with the county assessor of the county where such surface estate is located to place such severed mineral interest on…
Neb. Rev. Stat. § 57-237 Mineral interest; separate listing; application; when.
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All applications requesting separate listing of a mineral interest and surface estate must be filed with the county assessor on or before January 1 of the year in which they are to be separately listed and assessed.
Neb. Rev. Stat. § 57-238 Mineral interest; separate listing; appeal.
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Appeals from actions of the county assessor pursuant to sections 57-235 to 57-239 may be taken to the county board of equalization in the manner provided in Chapter 77, article 15.
Neb. Rev. Stat. § 57-239 Tax Commissioner; rules and regulations; prescribe forms.
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The Tax Commissioner shall adopt and promulgate rules and regulations necessary for the implementation of sections 57-235 to 57-239. The Tax Commissioner shall also prescribe necessary forms for the implementation of sections 57-235 to 57-239.
Neb. Rev. Stat. § 57-301 Terms, defined.
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As used in sections 57-301 to 57-304, unless the context otherwise requires: (1) The term person includes one or more individuals, partnerships, limited liability companies, associations, corporations, legal representatives, trustees, and receivers in bankruptcy and reorganizatio…