§ 71-3-1601 Short title
§ 71-3-1602 Definitions
§ 71-3-1603 Extent of lien — dispute resolution — notice — buyer in ordinary course of business
§ 71-3-1604 Validity of lien — transferability
§ 71-3-1605 Perfection of lien — verified notice — effect of instruments — effective date
§ 71-3-1606 Rights of first purchasers
§ 71-3-1607 Expiration of lien — enforcement — consolidation — costs — personal actions — other rights and remedies

Terms Used In Montana Code > Title 71 > Chapter 3 > Part 16 - Oil and Gas Owners' Lien

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dependent: A person dependent for support upon another.
  • Executor: A male person named in a will to carry out the decedent
  • First purchaser: means the first person who under contract purchases oil or gas from an interest owner at or after the time the oil or gas is severed. See Montana Code 71-3-1602
  • Interest owner: means a person:

    (a)who owns an entire or a fractional interest of any kind or nature in the oil or gas at the time it is severed; or

    (b)who has a right, either express or implied, to receive a monetary payment determined by the value of the severed oil or gas. See Montana Code 71-3-1602

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Leasehold: means a tenant's leasehold interest, as defined in 30-2A-103, in property on which the oil or gas well is located. See Montana Code 71-3-1602
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Operator: means any person engaged in the severance of oil or gas on the operator's own behalf, on behalf of the operator and other persons, or on behalf of other persons. See Montana Code 71-3-1602
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, executor, administrator, agent, trustee, or receiver or an estate, institution, business trust, trust of any other kind, firm, corporation, partnership, cooperative, limited liability company, limited liability partnership, sole proprietorship, government agency, association, or any other group acting as a unit. See Montana Code 71-3-1602
  • Property: means real and personal property. See Montana Code 1-1-205
  • Purchaser: means a person who under contract purchases oil or gas from a first purchaser. See Montana Code 71-3-1602
  • severance: means the taking, extraction, or production from the leasehold of oil or gas in any manner. See Montana Code 71-3-1602
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Trustee: A person or institution holding and administering property in trust.