ND HB1490

Amends North Dakota Century Code section 38-11.1-08.1 regarding compensation for loss of agricultural production caused by oil and gas operations.

Mineral developers must pay surface owners and tenants for damages from loss of agricultural production and income, with amounts determined by mutual agreement or other applicable formulas.

Damages must be paid annually unless the surface owner elects a single lump sum payment, with consideration given to the period during which losses occur.

Changes tenant rights by allowing tenants to maintain a separate action against the mineral developer for recovery of damages, rather than recovering compensation only from the surface owner.

Tenants remain ineligible to receive notice or fees under sections 38-11.1-04.1 or 38-11.1-09.