Title 38, Mining and Gas and Oil Production
35 chapters · 340 sections in this title.
N.D.C.C. § 38-10-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "District court" means the district court having jurisdiction of the estate of which the personal representative involved is administrator, executor, or guardian, as the case may be. 2. "Estate" means th…
N.D.C.C. § 38-10-02 Personal representative may lease for production or sell mineral or oil rights in lands of estate
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A personal representative, upon compliance with the provisions of this chapter, may give a lease for production covering real property in the estate or may sell the oil, gas, or minerals in or under such real property separately from the surface rights.
N.D.C.C. § 38-10-03 Term of lease for production - Conditions and limitations in lease
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A lease for production made by a personal representative may be made subject to the confirmation of the district court, for a period of not more than ten years, and it may be extended thereafter as long as oil or gas is produced from such land by the lessee or the lessee's assign…
N.D.C.C. § 38-10-05 Personal representative may sell mineral, oil, and gas rights separately from surface rights
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Whenever it appears to the satisfaction of the district court that it is necessary for the payment of the family allowance or of claims, expenses of administration, or legacies, or that it is for the advantage, benefit, or best interests of the estate of a decedent, minor, or inc…
N.D.C.C. § 38-10-06 Petition required to obtain order of license - Contents of petition - Citation issued on petition
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To obtain an order of the district court for the sale of oil, gas, or other mineral rights, a verified petition must be presented to and filed with the court setting forth the matters required by law to be contained in a petition for the sale of real estate and in addition theret…
N.D.C.C. § 38-10-07 Objections to petition for confirmation of lease or for order of license to sell
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Any person interested in the estate may file written objections to a petition for the approval and confirmation of a lease for production or to a petition for an order of license to sell oil, gas, or mineral rights. The petition and the objections thereto must be heard, the heari…
N.D.C.C. § 38-10-08 Order of license to sell oil, gas, or mineral rights and procedure thereafter
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If it appears to the district court, after the hearing provided for in this chapter, that it is necessary, or for the advantage, benefit, and best interests of the estate and of the persons interested therein, to sell the whole or some fractional part of the oil, gas, or minerals…
N.D.C.C. § 38-10-09 Sales of oil, gas, or mineral rights made subject to existing lease
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Sales of oil, gas, or mineral rights made under the provisions of this chapter must be made subject to the terms of any then existing oil, gas, or mineral lease and must cover and include all or a fractional part of the oil royalty, gas rental or royalty, and mineral rental or ro…
N.D.C.C. § 38-10-10 Conveyance of oil, gas, or mineral rights to include right of ingress and egress
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In addition to the whole or fractional part of all oil, gas, and other minerals in or under, or that may be produced from, the land, the conveyance must convey the right of ingress and egress at all times for the purpose of mining, drilling, and exploring such lands for oil, gas,…
N.D.C.C. § 38-10-11 Property directed by will to be disposed of - Duty of executor
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If property is directed by a will to be sold or if authority is given in a will to sell property, the executor may sell the whole or any fractional part of the oil, gas, or other minerals in or under, or that may be produced from, land belonging to the estate in the same manner a…
N.D.C.C. § 38-10-12 Appointment of trustee to execute mineral lease if contingent future interests are involved
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If lands, or any estate or interest therein, are subject to any contingent future interest, legal or equitable, by way of remainder, reversion, or possibility of reverter, upon the happening of a condition subsequent, or otherwise, created by deed, will, or otherwise, and whether…
N.D.C.C. § 38-10-13 Who may institute proceedings
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The proceedings provided for by section 38-10-12 may be instituted upon the petition of any one or more of the parties who have a present interest or a contingent interest in the land or estate or interest therein.
N.D.C.C. § 38-10-14 Disposition of income and royalties
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All bonuses, rental payments and royalties from such leases must be paid to the trustee until the lessee is furnished with notice of the termination of the trust. Any bonuses or rental payments must be distributed by the trustee to the life tenant or other persons entitled theret…