15-05-10. Royalties from oil and gas leases - Obligation to pay - Rents from other
leases - Breach - Rules.
1. Oil and gas leases must be made by the board of university and school lands at such
annual minimum payments as are determined by the board, but the royalty may not be
less than twelve and one-half percent of the gross output of oil from the lands leased.
Oil and gas leases made by the board may authorize a royalty of less than twelve and
one-half percent for production from stripper well properties or individual stripper wells
and qualifying secondary recovery and qualifying tertiary recovery projects as defined
in section 57-51.1-01. Leases issued by the board under section 15-05-09 for products
other than oil and gas must provide for adequate rental payments and other provisions
as determined by the board.
2. The obligation arising under an oil and gas lease to pay oil or gas royalties to the
board of university and school lands, to deliver oil or gas to a purchaser to the credit of
the board, or to pay the market value thereof is of the essence in the lease contract,
and breach of the obligation may constitute grounds for the cancellation of the lease in
any case in which it is determined by the court that the equities of the case require
cancellation. If the lessee or the lessee's representative or assignee under an oil and
gas lease fails to pay oil or gas royalties to the board within the time prescribed by
administrative rule and cancellation of the lease is not sought, the lessee or the
lessee's representative or assignee thereafter shall pay interest on the unpaid royalties
at a rate of three-quarters of one percent per month, not to exceed nine percent per
annum. The commissioner may waive all or a portion of the interest under this
subsection for good cause.
3. If a lessee or the lessee's representative or assignee fails to respond or refuses to file
an amended royalty statement and pay the royalty owed within ninety days of
receiving written notice by mail of an underpayment, as provided by rule 4 of the North
Dakota Rules of Civil Procedure, the board may impose a penalty of one-half percent
per month, not to exceed six percent per annum. A party is deemed to have failed to
respond if the party has not responded within ninety days of receipt of the written
notice, or the party in response to the notice affirmatively indicates the intent not to pay
the royalty or amounts due. The commissioner may waive all or a portion of the
interest under this subsection for good cause.
4. If a lessee or the lessee's representative or assignee disputes a royalty assessment or
demand by the board, the lessee or the lessee's representative or assignee may
tender full payment of the disputed amount under protest any time after an
assessment or demand is made by the board. Upon payment of the disputed amount
under protest, all interest and penalties must cease to accrue. If it is determined that
the payment of the disputed amount resulted in an overpayment, the party that made
the payment is entitled to a refund of the overpayment amount plus interest at the rate
established under section 28-20-34.
5. If a lessee or the lessee's representative or assignee fails or refuses to comply with
demands by the board to pay royalties, interest, or penalties under this chapter, the
board may file an action to cancel the lease, recover unpaid royalties, and recover
interest and penalties on the unpaid royalties. Notwithstanding chapter 28-01, an
action under this subsection must be commenced within seven years of the date oil or
gas was produced under a lease. An action to cancel a lease, recover unpaid royalties,
or recover interest or penalties on unpaid royalties may not be filed for production that
occurred under a lease before August 1, 2013.
6. The board may adopt rules regarding rental payments and royalties under this section.
