§ 113-423 – Required lease terms.
113-423. Required lease terms. (a) Required Information to be Provided to Potential Lessors and Surface Owners. – Prior to executing a lease for oil and gas rights or any other conveyance of any kind separating rights to oil or gas from the freehold estate of surface property, an oil or gas developer or operator, or […]
§ 113-423.1 – Surface activities.
113-423.1. Surface activities. (a) Agreements on Rights and Obligations of Parties. – The developer or operator and the surface owner may enter into a mutually acceptable agreement that sets forth the rights and obligations of the parties with respect to the surface activities conducted by the developer or operator. (b) Minimization of Intrusion Required. – […]
§ 113-425 – Registry of landmen required.
113-425. Registry of landmen required. (a) Establishment of Registry. – The Department of Environmental Quality, in consultation with the Consumer Protection Division of the North Carolina Department of Justice, shall establish and maintain a registry of landmen operating in this State. As used in this section, "landman" means a person that, in the course and […]
§ 113-426 – Publication of information for landowners.
113-426. Publication of information for landowners. In order to effect the pre-lease publication distribution requirement as set forth in G.S. 113-423(a), and to otherwise inform the public, the Consumer Protection Division of the North Carolina Department of Justice, in consultation with the North Carolina Real Estate Commission, shall develop and make available a publication entitled […]
§ 113-427 – Additional remedies.
113-427. Additional remedies. The remedies provided by this Part are not exclusive and do not preclude any other remedies that may be allowed by law. (2012-143, s. 4(i).)
§ 113-420 – Notice and entry to property.
113-420. Notice and entry to property. (a) Notice Required for Activities That Do Not Disturb Surface of Property to Surface Owner. – If an oil or gas developer or operator is not the surface owner of the property on which oil and gas operations are to occur, before entering the property for oil or gas […]
§ 113-421 – Presumptive liability for water contamination; compensation for other damages; responsibility for reclamation.
113-421. Presumptive liability for water contamination; compensation for other damages; responsibility for reclamation. (a) Presumptive Liability for Water Contamination. – It shall be presumed that an oil or gas developer or operator is responsible for contamination of all water supplies that are within a one-half mile radius of a wellhead that is part of the […]
§ 113-422 – Indemnification.
113-422. Indemnification. An oil or gas developer or operator shall indemnify and hold harmless a surface owner against any claims related to the developer’s or operator’s activities on the surface owner’s property, including, but not limited to, (i) claims of injury or death to any person; (ii) damage to impacted infrastructure or water supplies; (iii) […]
§ 113-406 – Effect of pendency of judicial review; stay of proceedings.
113-406. Effect of pendency of judicial review; stay of proceedings. The filing or pendency of the application for judicial review provided for in this Article shall not in itself stay or suspend the operation of any order or decision of the Department, but, during the pendency of such proceeding the court, in its discretion, may […]
§ 113-407 – Stay bond.
113-407. Stay bond. In case the order or decision of the Department is stayed or suspended, the order or judgment of the court shall not become effective until a bond shall have been executed and filed with and approved by the court, payable to the Department, sufficient in amount and security to secure the prompt […]