North Dakota Code 38-17-03 – Definitions
In this chapter, unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 38-17-03
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
1. “Advance royalty” means the offset contemplated which would allow payments for rent, bonuses, and damages under the terms of the lease to be deducted from the amount of the royalty due to the lessor when the mining operation actually begins.
2. “Mineral agreement” means the agreement between either the surface estate owner and the mineral developer or between the mineral estate owner and the mineral developer which gives the mineral developer the right to conduct mining operations.
The mineral agreement may consist of the mineral lease and any other document or documents used to express the entire agreement between the parties.
3. “Mining operation” means any type of activity, the aim of which is to discover the presence of coal, or to remove the coal so discovered from its original position on or in the land by any means whatsoever.