Section 70-12-10 – Temporary provision; applicability.
The provisions of the Surface Owners Protection Act apply to all oil and gas operations commenced on or after July 1, 2007 except: A. maintenance and ongoing production activities related to an oil or gas well producing or capable of producing oil or gas on June 30, 2007 for which the operator has a valid […]
Section 70-12-5 – Notice of operations; proposed surface use and compensation agreement.
A. Prior to 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 operations, the operator shall provide at least five business days’ notice by certified mail or hand delivery to the surface owner. B. […]
Section 70-12-6 – Entry without agreement; bond.
If, after thirty days from a surface owner receiving notice pursuant to Subsection B of Section 4[5] [70-12-5 NMSA 1978] of the Surface Owners Protection Act, no surface use and compensation agreement has been entered into, the operator may enter the surface owner’s property and conduct oil and gas operations: A. after depositing a surety […]
Section 70-12-7 – Damages.
In an action brought pursuant to the Surface Owners Protection Act, if the court finds that compensation is owed under Section 3[4] [70-12-4 NMSA 1978] of the Surface Owners Protection Act the court may also award the prevailing party: A. attorney fees and costs if: (1) the operator conducted oil and gas operations without providing […]
Section 70-12-8 – Remedies not exclusive.
The remedies provided by the Surface Owners Protection Act are not exclusive and do not preclude a person from seeking other remedies allowed by law. History: Laws 2007, ch. 5, § 8. ANNOTATIONS Effective dates. — Laws 2007, ch. 5, § 11 made the act effective July 1, 2007.
Section 70-12-9 – Emergency situations.
Notwithstanding any provisions of the Surface Owners Protection Act to the contrary, no notice, surface use and compensation agreement or bond shall be required in emergency situations for activities to protect health, safety or the environment. History: Laws 2007, ch. 5, § 9. ANNOTATIONS Effective dates. — Laws 2007, ch. 5, § 11 made the […]
Section 70-12-1 – Short title.
This act [70-12-1 to 70-12-10 NMSA 1978] may be cited as the “Surface Owners Protection Act”. History: Laws 2007, ch. 5, § 1. ANNOTATIONS Effective dates. — Laws 2007, ch. 5, § 11 made the act effective July 1, 2007. Relocation of access road. — Where the oil and gas lessee’s existing access road was […]
Section 70-12-2 – Applicability.
The Surface Owners Protection Act applies to: A. private fee surface land; and B. leasehold interests in any land on which oil and gas operations are conducted when the tenant incurs damages to leasehold improvements as a result of oil and gas operations. History: Laws 2007, ch. 5, § 2. ANNOTATIONS Effective dates. — Laws […]
Section 70-12-3 – Definitions.
As used in the Surface Owners Protection Act: A. “oil and gas operations” means all activities affecting the surface owner’s land that are associated with exploration, drilling or production of oil or gas, through final reclamation of the affected surface; B. “operator” means a person with the legal right to conduct oil and gas operations […]
Section 70-12-4 – Compensation for oil and gas operations.
A. An operator shall compensate the surface owner for damages sustained by the surface owner, as applicable, for loss of agricultural production and income, lost land value, lost use of and lost access to the surface owner’s land and lost value of improvements caused by oil and gas operations. The payments contemplated by this section […]