In this chapter unless the context or subject matter otherwise requires:

Terms Used In North Dakota Code 35-24-01

  • 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.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

1.    “Construction” means construction, maintenance, operation, or repair.

2.    “Contract” means a contract, written or oral, express or implied, or partly express and partly implied, or executory or executed, or partly executory and partly executed.

3. “Drilling” means drilling, digging, torpedoing, acidizing, cementing, completing, or repairing.

4.    “Furnish” means sell or rent.

5.    “Labor” means work performed in return for wages.

6.    “Material” means material, machinery, equipment, appliances, buildings, structures, tools, bits, or supplies, including gasoline, diesel fuel, propane, and lubricants. “Material” does not include rigs or hoists or their integral component parts except wire lines.

7.    “Operating” means all operations in connection with or necessary to the development, production, or reclamation of oil or gas.

8.    “Original contractor” means any person for whose benefit a lien is prescribed under section 35-24-02.

9.    “Owner” means a person holding any interest in the legal or equitable title or both to any leasehold for oil or gas purposes, or any pipeline, or that person’s agent, and includes purchasers under executory contract, receivers, and trustees.

10.    “Person” means an individual, corporation, limited liability company, firm, partnership, or association.

11.    “Pipeline” means any pipeline and related facilities laid and designed as a means of transporting liquid or gaseous substances of any kind and the right of way therefor.

12.    “Services” means work performed exclusive of labor, including the hauling of material, whether or not involving the furnishing of material.

13.    “Working interest” means interest in oil and gas that may be produced from a well but does not include royalty or overriding royalty interests.