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Surface and Mineral Owners Information
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This page has been developed to help surface and mineral owners find out more information
with regard to many of the questions that come with the exploration and production of oil and gas in North Dakota.
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Leasing:
- The ND Oil and Gas Division does not calculate mineral values, review private lease information, or review any private contracts.
- Contact an oil and gas attorney for questions related to leasing issues:
- North Dakota Oil and Gas Leasing Considerations (3MB): An updated 1981 NDSU Cooperative Extension Service Bulletin (Modified with the permission from the NDSU Extension Service).
- North Dakota Department of Trust Lands offers a sample oil and gas lease and additional information including the results of the most recent Department of Trust Lands quarterly oil and gas lease auction. (The ND Department of Trust Lands does not calculate mineral values, review private lease information, or review any private contracts.)
Statement of Claim:
- Statement of Claim Form
- Pursuant to NDCC 38-18.1-02 any mineral interest is, if unused for a period of twenty years immediately preceding the first publication of the notice required by section 38-18.1-06, deemed to be abandoned, unless a statement of claim is recorded in accordance with section 38-18.1-04. Title to the abandoned mineral interest vests in the owner or owners of the surface estate in the land in or under which the mineral interest is located on the date of abandonment. The owner of the surface estate in the land in or under which the mineral interest is located on the date of abandonment may record a statement of succession in interest indicating that the owner has succeeded to ownership of the minerals under this chapter.
- The Statement of Claim Form must be recorded in the office of the recorder in the county in which the mineral interest is located:
- A statement of claim filed after July 31, 2009, by a person other than the owner of record of the mineral interest is not effective to preserve a mineral interest unless accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims.
Royalty Payments:
- NDCC 47-16-39.1 includes the requirements for the payment of royalty interest owners entitled to payment from a producing oil or gas well. Sections of the statute cover the obligation to pay royalties, the requirement for payment of interest on late payments, and directs that resolution for failure is to be pursued in district court in the county in which the mineral interest is located:
Royalty Statements:
- NDCC 38-08-06.3 includes the requirement for an information statement to accompany payments to royalty owners. Contents of these statements are outlined in the Royalty Statement Rules (NDAC 43-02-06); failure to include information that the commission prescribes by rule is guilty of a class B misdemeanor.
Additional Mineral Owner Links and Resources:
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Leasing:
- The ND Oil and Gas Division does not calculate surface values, review private lease information, or review any private contracts.
- Contact an attorney for questions related to leasing issues:
- North Dakota Department of Trust Lands offers a sample surface lease and additional information including the results of the most recent Department of Trust Land surface lease auctions. (The ND Department of Trust lands does not calculate mineral values, review private lease information, or review any private contracts.)
Surface Owner Damage Compensation:
- Notice to Surface Owners Memo: Covers concerns and rights related to compensation for damages caused by oil and gas operations.
- North Dakota Mediation Service: (North Dakota Department of Agriculture) - This NDDA program was expanded in 2011 to include dispute resolution of property issues related to energy development related to surface damages, property access, well location, oil and gas related pipelines, easements, and compensation in an effort to for landowners to avoid litigation, resolve issues, communicate needs, and avoid disputes that can negatively impact both parties and the community.
Statement of Intent to Succeed Ownership of Mineral Interest:
- Statement of Intention to Succeed to the Ownership of Mineral Interest Form
- Pursuant to NDCC 38-18.1-02 any mineral interest is, if unused for a period of twenty years immediately preceding the first publication of the notice required by section 38-18.1-06, deemed to be abandoned, unless a statement of claim is recorded in accordance with section 38-18.1-04. Title to the abandoned mineral interest vests in the owner or owners of the surface estate in the land in or under which the mineral interest is located on the date of abandonment. The owner of the surface estate in the land in or under which the mineral interest is located on the date of abandonment may record a statement of succession in interest indicating that the owner has succeeded to ownership of the minerals under this chapter.
- The Statement of Intention to Succeed Form must be recorded in the office of the recorder in the county in which the mineral interest is located:
Pipeline Information:
- Report a Gathering Line Incident:
- If this is an emergency, an imminent threat to public health and safety, or for additional assistance, please call the Oil and Gas Division or the Department of Environmental Quality at the numbers below.
- North Dakota Industrial Commission, Oil and Gas Division - (701)328-8020
- North Dakota Department of Environmental Quality, Environmental Health Section - 701-328-9921 or 1-800-472-2121
- North Dakota Emergency Management 24-Hour Hotline: 1-800-472-2121
- Pipeline Restoration and Reclamation Oversight (North Dakota Department of Agriculture) - This NDDA program connects landowners and tenants experiencing pipeline reclamation and restoration issues with an independent ombudsman to assist them in working with pipeline companies. The goal of the program are to help landowners/tenants regain confidence that their land will be restored properly. Landowners or tenants who are dissatisfied by the response of a pipeline owner/operator in dealing with the reclamation of their property can contact the NDDA for assistance at 701-328-2231 or 1-800-242-7535.
Water Well Information:
- The National Ground Water Association (NGWA) and the Ground Water Protection Council (GWPC) water-testing brochure: offers household water well owners living near oil or gas development and completion activities, including hydraulic fracturing, information on how to go about getting their water tested prior to oil and gas activities to establish baseline water quality and guidelines for retesting the water after oil and gas development and completion activities. Addressed in the brochure are issues such as "chain-of-custody” testing to ensure unbiased, accurate sampling and test results, what constituents to test, what to do if one’s water quality changes, and where to get more information. The brochure is not intended to provide guidance for regulation. It is merely designed to provide generalized information to landowners. The information it contains has not been designed to cover every unique circumstance of local geology or geochemistry. Therefore, it should be used only as guidance for landowners.
Additional Surface Owner Links and Resources:
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