ND HB1241

Mineral developers must provide surface owners at least 7 days' notice by registered mail or hand delivery before initial entry for non-surface-disturbing activities, including the developer's contact information and a sketch of the proposed drilling site.

Mineral developers must provide at least 20 days' notice before commencing drilling operations, including a detailed plan of work, plat map, and a form advising surface owners of their rights under the law.

Mineral developers must compensate surface owners for damages from drilling operations including loss of agricultural production and income, lost land value, lost use and access, and lost improvement value; compensation may be paid in annual installments or lump sum.

Mineral developers must compensate surface owners for loss of agricultural production and income from production and completion operations, paid annually unless the surface owner elects a single lump sum payment.

If a mineral developer fails to provide required notice, surface owners may seek punitive and actual damages in court; mineral developers making an offer of settlement must do so when providing drilling operation notice.