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 […]
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 70-11-7 – Findings and purpose.
A. The legislature finds that: (1) the natural gas industry is an important contributor to the New Mexico economy, as a significant source of both employment and direct state revenues; (2) New Mexico ranks second among the states in onshore natural gas reserves and will likely continue to be a major producer of natural gas […]
Section 70-10-4 – Interest on late payments.
A. Any delay in determining any person legally entitled to an interest in the proceeds from production shall not affect payments to all other persons entitled to payments. In instances where payments cannot be made within the time period provided in Section 70-10-3 NMSA 1978, the payor shall create a suspense account on his books […]
Section 70-10-5 – Application; penalty.
If a payor fails to make payment to the person entitled to payment within the period provided in Section 70-10-3 NMSA 1978 and after the payor has been furnished with the information required by Section 70-10-3.1 NMSA 1978, the payor shall pay the person the unpaid amount of the payment and in lieu of the […]
Section 70-10-6 – Attorneys’ fees.
The prevailing party in any proceedings brought pursuant to the Oil and Gas Proceeds Payment Act shall be entitled to recover all court costs and reasonable attorneys’ fees. History: 1978 Comp., § 70-10-6, enacted by Laws 1991, ch. 235, § 5.