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 […]
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 70-10-6 – 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.
Section 70-11-1 – Purpose.
The purpose of this act [70-11-1 to 70-11-6 NMSA 1978] is to protect the economic well-being of New Mexico’s interstate natural gas markets and revenues derived from those markets by conducting economic and legal studies of the federal energy regulatory commission and regulatory agencies and local distributing companies lying outside New Mexico and by authorizing […]
Section 70-11-2 – Office created; duties.
There is created the “office of interstate natural gas markets” to be located in the energy, minerals and natural resources department. The office shall: A. conduct economic and legal studies of the interstate natural gas markets, of the trade policies and practices of the federal energy regulatory commission and regulatory agencies and local distributing companies […]
Section 70-11-3 – Director.
There shall be a director for the office of interstate natural gas markets. The director shall be experienced in the areas of natural gas resources and marketing and may be the director of natural gas programs. History: Laws 1989, ch. 189, § 3.