When the purchase price of such lands has been fully paid to the state or its departments, an instrument evidencing such release must be furnished on application and payment of fees under rules to be prescribed by the state and its departments, but in no case may the fee therefor exceed ten cents an acre [.40 hectare].
38-09-01.6. State may continue to lease reserved minerals - Assignment of unexpired leases upon release. Pending application and payment of fee under section 38-09-01.5, the state and its departments may continue to lease reserved minerals and to collect rentals and other income from such leases, and where lands have been sold on contract for deed, such rentals and other income must be applied as payment on the contract for deed. On release of minerals reserved,
any unexpired mineral leases and rentals and income thereafter becoming due must be assigned to the person entitled to the release as prescribed in section 38-09-01.5.
38-09-02. Township, city, school district, or park district may lease land for oil and gas development. The governing body of any township, city, school district, or park district in this state may lease the grounds or lands of such political subdivision, or any part thereof, for oil and gas development for a primary term of not more than ten years, and may renew or extend any such lease from time to time for as long thereafter as oil or gas is or can be produced on the land described therein.
38-09-03. Provisions may be inserted in lease for consolidation of adjoining lands - Royalty - How shared. Any oil or gas lease made by any of the political subdivisions mentioned in section 38-09-02 may provide that the lessee may consolidate the land covered by such lease with other adjoining lands for the purpose of joint development and operation of the entire consolidated premises as a unit. In such a case, the lessor shall share in the royalty on oil and gas produced from the consolidated tract in the proportion that the area of the land covered by such lease bears to the total area of such consolidated tract.
38-09-04. Leases and occupancy not to interfere with use of land by subdivision - Drilling wells - Limitation. A lease made by a political subdivision under the provisions of section 38-09-02 and the occupancy of the lands under such lease may not interfere materially with the purposes for which such lands are used and occupied by the political subdivision. No oil or gas well may be drilled or located within one hundred feet [30.48 meters] of any public building upon any such land.
38-09-05. Board of county commissioners may adopt oil and gas leases on lands subject to delinquent taxes. Any oil and gas lease on lands which are subject to delinquent tax charges may be confirmed, approved, and adopted by the board of county commissioners on behalf of the county if such lease is executed by the owner or owners of: 1. The right of redemption to the land described in the lease; 2. The title to such lands; or 3. Any interest therein. The power conferred under the provisions of this section applies to lands against which tax charges have been adjusted by contract and to lands which have been forfeited to the county under tax proceedings and held by the county under tax deeds sufficient to constitute color of title in the county.
38-09-06. Oil and gas leases adopted by resolution of board of county commissioners - Addition of new provisions to leases. The confirmation, approval, and adoption of an oil and gas lease under the provisions of section 38-09-05 must be by a proper resolution duly and regularly passed by the board of county commissioners at a regular or special meeting thereof. The board may insert in such resolution such provisions other than or in addition to those contained in the original lease as the board may consider for the best interests of the county. If new terms or provisions are added to the lease, the resolution must provide that such terms and provisions are binding upon the county and upon the lessee and the lessee's assigns upon the execution of a written acceptance endorsed upon a certified copy of such resolution by the lessee, the lessee's assigns, or successors in interest.
38-09-07. Certified copies of resolutions adopting oil or gas leases may be recorded - Constructive notice. A copy of a resolution of the board of county commissioners confirming, approving, or adopting oil and gas leases, when certified by the county auditor of the county, may be recorded in the office of the recorder of such county. Upon the recording of a certified copy of any such resolution, the same is constructive notice to all subsequent purchasers, encumbrancers, lessees, and other persons dealing with oil and gas leases or with rights in and to the properties referred to in such resolution, of all of the terms, conditions, and provisions that are set out in the resolution.