Title 38 — Mining and Gas and Oil Production
35 chapters · 312 sections in this title.
N.D.C.C. § 38-11.1-01 Legislative findings
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The legislative assembly finds the following: 1. It is incumbent on the state to protect the public welfare of North Dakota which is largely dependent on agriculture and to protect the economic well-being of individuals engaged in agricultural production, while at the same time p…
N.D.C.C. § 38-11.1-02 Purpose and interpretation
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It is the purpose of this chapter to provide the maximum amount of constitutionally permissible protection to surface owners and other persons from the undesirable effects of development of minerals. This chapter is to be interpreted in light of the legislative intent expressed h…
N.D.C.C. § 38-11.1-03 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Agricultural production" means the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any far…
N.D.C.C. § 38-11.1-03.1 Inspection of well site
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Upon request of the surface owner or adjacent landowner, the department of environmental quality shall inspect and monitor the well site on the surface owner's land for the presence of hydrogen sulfide. If the presence of hydrogen sulfide is indicated, the department of environme…
N.D.C.C. § 38-11.1-04 Damage and disruption payments
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The mineral developer shall pay the surface owner a sum of money equal to the amount of damages sustained by the surface owner and the surface owner's tenant, if any, for lost land value, lost use of and access to the surface owner's land, and lost value of improvements caused by…
N.D.C.C. § 38-11.1-04.1 Notice of operations
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1. Before the initial entry upon the land for activities that do not disturb the surface, including inspections, staking, surveys, measurements, and general evaluation of proposed routes and sites for oil and gas drilling operations, the mineral developer shall provide at least s…
N.D.C.C. § 38-11.1-05 Notice of drilling operations
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Repealed by S.L. 2011, ch. 265, § 7. 38-11.1-06. Protection of surface and ground water - Other responsibilities of mineral developer. If the domestic, livestock, or irrigation water supply of any person who owns an interest in real property within one-half mile [804.67 meters] o…
N.D.C.C. § 38-11.1-07 Notification of injury - Statute of limitations
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Any person, to receive compensation, under sections 38-11.1-08 and 38-11.1-09, shall notify the mineral developer of the damages sustained by the person within two years after the injury occurs or would become apparent to a reasonable person. Any claim for relief for compensation…
N.D.C.C. § 38-11.1-08 Agreement - Offer of settlement
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Unless both parties provide otherwise by written agreement, at the time the notice required by subsection 2 of section 38-11.1-04.1 is given, the mineral developer shall make a written offer of settlement to the person seeking compensation for damages when the notice required by …
N.D.C.C. § 38-11.1-08.1 Loss of production payments
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The mineral developer shall pay the surface owner a sum of money equal to the amount of damages sustained by the surface owner and the surface owner's tenant, if any, for loss of agricultural production and income caused by oil and gas production and completion operations. The am…
N.D.C.C. § 38-11.1-09 Rejection - Legal action - Fees and costs
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If the person seeking compensation rejects the offer of the mineral developer, that person may bring an action for compensation in the court of proper jurisdiction. If the amount of compensation awarded by the court is greater than the amount offered by the mineral developer, the…
N.D.C.C. § 38-11.1-09.1 Mediation of disputes
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Within one year after a compensation offer made under section 38-11.1-08 is rejected, either the mineral developer or surface owner may involve the North Dakota mediation service or other civil mediator. Involvement of a mediator may comply with Rule 8.8 of the North Dakota Rules…
N.D.C.C. § 38-11.1-09.2 Mediation service
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The North Dakota mediation service may mediate disputes related to easements for oil and gas-related pipelines and associated facilities.
N.D.C.C. § 38-11.1-10 Application of chapter
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The remedies provided by this chapter do not preclude any person from seeking other remedies allowed by law. This chapter does not apply to the operation, maintenance, or use of a motor vehicle upon the highways of this state as these terms are defined in section 39-01-01.