North Dakota Code 38-11.2-01 – Definitions
In this chapter, unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 38-11.2-01
- 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 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, whether or not the animals are to be sold commercially.
2. “Drilling operations” means the drilling of a subsurface mineral extraction well and the injection, production, and completion operations ensuing from the drilling which require entry upon the surface estate, and includes subsurface mineral exploration activities.
3. “Mineral developer” means the person who acquires the mineral estate or lease for the purpose of extracting or using the subsurface minerals for nonagricultural purposes.
4. “Mineral estate” means an estate in or ownership of all or part of the subsurface minerals underlying a specified tract of land.
5. “Subsurface mineral” means any naturally occurring element or compound recovered under the provisions of chapter 38-12, but for the purpose of this chapter excludes coal, commercial leonardite, oil and gas, sand and gravel, and rocks crushed for sand and gravel.
6. “Subsurface mineral exploration activities” means any method of obtaining information relative to locating and defining subsurface minerals that results in surface disturbance.
7. “Surface estate” means an estate in or ownership of the surface of a particular tract of land.
8. “Surface owner” means any person who holds record title to the surface of the land as an owner.