US Lawyer Database

§ 60-1-602. Purpose

The general assembly finds that the exploration for and development of oil and gas reserves must coexist with the equal right to the use, agricultural or otherwise, of the surface of land within this state. It is the purpose of this part to provide constitutionally permissible protection and compensation to surface owners of land on […]

§ 60-1-603. Part Definitions

For purposes of this part and unless the context clearly requires otherwise, the terms listed below will have the following meaning: “Drilling operation” means the actual drilling or redrilling of an oil or gas well and the related preparation of the drilling site and access roads, which requires entry upon the surface estate; “Oil and […]

§ 60-1-604. Compensation of Surface Owners for Drilling Operations

The oil and gas developer shall be obligated to pay the surface owner for: Lost income or expenses incurred as a result of being unable to dedicate land actually occupied by the driller’s operation or to which access is prevented by such drilling operation to the uses to which it was dedicated prior to commencement […]

§ 60-1-605. Notice of Claim

Any surface owner, to receive compensation under this part shall notify by certified mail, return receipt requested, the oil and gas developer of the damages sustained by the person within three (3) years after the injury occurs.

§ 60-1-607. Arbitration

If the person seeking compensation receives a written rejection, rejects any counter-offer of the oil and gas developer, or receives no reply, that person may bring an action for compensation in a court of proper jurisdiction or the parties may elect to proceed by arbitration as provided herein. If the amount of compensation awarded by […]

§ 60-1-504. Administration of Part — Powers of Supervisor

The supervisor shall administer and enforce this part. The supervisor shall exercise the following powers to: Adopt rules and regulations necessary for the implementation of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; Make inspections of drilling operations and require the keeping of accurate records; Require that […]

§ 60-1-505. Permit Required — Fees

A person shall not drill a mineral test hole for exploratory purposes until the owner, directly or through the owner’s authorized representative, files a written application for a permit to drill, files an approved surety or security bond, and receives a permit in accordance with the rules of the supervisor. A fee shall be submitted […]