Title 38 — Mining and Gas and Oil Production
35 chapters · 312 sections in this title.
N.D.C.C. § 38-11.2-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Agricultural production" means the production of any 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 farm animal…
N.D.C.C. § 38-11.2-02 Inspection of well site
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Upon request of another state agency, the surface owner, or an adjacent landowner, the department of environmental quality shall conduct a site visit and evaluate site-specific environmental data as necessary to ensure compliance with applicable environmental protection laws and …
N.D.C.C. § 38-11.2-03 Notice of drilling operations
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1. The mineral developer shall give the surface owner written notice of the drilling operations contemplated at least twenty days prior to the commencement of the operations, unless waived by agreement of both parties. 2. This notice must be given to the record surface owner at t…
N.D.C.C. § 38-11.2-04 Damage and disruption payments - Statute of limitations
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1. 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, lost land value, lost use of and access to the surface owner's…
N.D.C.C. § 38-11.2-05 Agreement - Offer of settlement
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Unless both parties provide otherwise by written agreement, the mineral developer shall make a written offer of settlement to the person seeking compensation for damages when the notice required by section 38-11.2-03 is presented. The person seeking compensation may accept or rej…
N.D.C.C. § 38-11.2-06 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. The court, in its discretion, may award the person seeking compensation reasonable attorney's fees, any costs asses…
N.D.C.C. § 38-11.2-08 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.