New Mexico Statutes 70-12-3. Definitions
As used in the Surface Owners Protection Act:
Terms Used In New Mexico Statutes 70-12-3
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
A. “oil and gas operations” means all activities affecting the surface owner’s land that are associated with exploration, drilling or production of oil or gas, through final reclamation of the affected surface;
B. “operator” means a person with the legal right to conduct oil and gas operations and includes the agents, employees and contractors of that person;
C. “reclaim” means to substantially restore the surface affected by oil and gas operations to the condition that existed prior to oil and gas operations, or as otherwise agreed to in writing by the operator and surface owner;
D. “surface owner” means a person who holds legal or equitable title, as shown in the records of the county clerk, to the surface of the real property on which the operator has the legal right to conduct oil and gas operations;
E. “surface use and compensation agreement” means an agreement between an operator and a surface owner specifying the rights and obligations of the surface owner and the operator concerning oil and gas operations; and
F. “tenant” means a person who occupies land or premises belonging to another in subordination to the owner’s title and with the owner’s assent, express or implied.