North Dakota Code 38-11.1-03 – Definitions
In this chapter, unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 38-11.1-03
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
1. “Agricultural production” means the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any farm animals, including farmed elk, whether or not the animals are to be sold commercially.
2. “Drilling operations” means the drilling of an oil and gas well and the production and completion operations ensuing from the drilling which require entry upon the surface estate and which were commenced after June 30, 1979, and oil and gas geophysical and seismograph exploration activities commenced after June 30, 1983.
3. “Land” means the solid material of earth, regardless of ingredients, but excludes pore space.
4. “Mineral developer” means the person who acquires the mineral estate or lease for the purpose of extracting or using the minerals for nonagricultural purposes.
5. “Mineral estate” means an estate in or ownership of all or part of the minerals underlying a specified tract of land.
6. “Minerals” means oil and gas.
7. “Pore space” means a cavity or void, naturally or artificially created, in a subsurface sedimentary stratum.
8. “Surface estate” means an estate in or ownership of the surface of a particular tract of land.
9. “Surface owner” means any person who holds record title to the surface estate on which a drilling operation occurs or is conducted.