Montana Code 71-3-1606. Rights of first purchasers
71-3-1606. Rights of first purchasers. (1) The following are not affected by the provisions of this part or the filing of any instrument permitted under this part:
Terms Used In Montana Code 71-3-1606
- 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
- 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
- Purchaser: means a person who under contract purchases oil or gas from a first purchaser. 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
(a)transfer of the legal title to oil or gas from an interest owner or operator to a first purchaser;
(b)ownership of oil or gas before the oil or gas is severed, as reflected by records affecting real property; or
(c)the right of a first purchaser to take or receive oil or gas under the terms of a division order or a similar agreement for the sale and purchase of oil or gas.
(2)A first purchaser or purchaser is free to transport oil or gas products out of the state or to sell oil or gas products without permission or release of a lien perfected under 71-3-1605.