§37B-1-1. Short Title
This article shall be known as the Cotenancy Modernization and Majority Protection Act.
§37B-1-2. Declaration of Public Policy; Legislative Findings
It is declared to be the public policy of this state and in the public interest to: (1) Foster, encourage and promote exploration for and development, production, and conservation of oil, natural gas and their constituents;
§37B-1-3. Definitions
As used in this article: “Consenting Cotenant” means a tenant in common, joint tenant, or parcener having an interest in the mineral property who consents in writing to a lawful use of the mineral property through a bona fide lease made in an arms-length transaction. “Nonconsenting Cotenant” means an owner who for any reason chooses […]
§37B-1-4. Lawful Use and Development by Cotenants; Election of Interests; Reporting and Remitting of Interests of Unknown or Unlocatable Cotenants; Establishment of Terms and Provisions for Development; and Merging of Surface and Oil and Gas
(a) If an operator or owner makes or has made reasonable efforts to negotiate with all royalty owners in an oil or natural gas mineral property and royalty owners vested with at least three fourths of the right to develop, operate, and produce oil, natural gas, or their constituents consent to the lawful use or […]
§37B-1-5. Limitations of Liability for Certain Cotenants
Nonconsenting cotenants who elect to receive a production royalty pursuant to §37B-1-4(b)(1) of this code and unknown or unlocatable interest owners shall have no liability for bodily injury, property damage, warranty of title, or environmental claims, arising out of site preparation, mineral extraction, maintenance, reclamation, and other operations with respect to minerals produced from the […]
§37B-1-6. Surface Use
(a) When any tract of mineral property where an interest in the oil or natural gas in place is owned by a nonconsenting cotenant is used or developed pursuant to §37B-1-4 of this code, in no event shall drilling be initiated upon, or other surface disturbance occur, without the surface owner’s consent regardless of whether […]
§37B-1-7. Severability
The provisions of this article are severable and accordingly, if any part of this article is adjudged to be unconstitutional or invalid, that determination does not affect the continuing validity of the remaining provisions of this article.