Thursday, February 10, 2011

Surface Rights

Now in North Dakota surface rights have become non existing. Oil Companies trespass on your land, dig up soil with a backhoe, contaminate  your soil and water with oil, saltwater and chemical spills and our North Dakota Oil and Gas Department will do absolutely nothing.  You can provide their short staffed department with pictures, facts, figures and reports, thinking you should possibly have some rights since ownership is in your name, you pay land taxes and you have worked your whole life to pay for this land, but NO nothing is done on your behalf.  This is taken from the North Dakota Oil and Gas Rules and Regulations
38-08-01. DECLARATION OF POLICY. It is hereby declared to be in the public
interest to foster, to encourage, and to promote the development, production, and utilization of
natural resources of oil and gas in the state in such a manner as will prevent waste; to authorize and
to provide for the operation and development of oil and gas properties in such a manner that a
greater ultimate recovery of oil and gas be had and that the correlative rights of all owners be fully
protected; and to encourage and to authorize cycling, recycling, pressure maintenance, and
secondary recovery operations in order that the greatest possible economic recovery of oil and gas
be obtained within the state to the end that the landowners, the royalty owners, the producers, and
the general public realize and enjoy the greatest possible good from these vital natural resources.
Source: N.D. Century Code.
Now I also found on this site the Director's name is Lynn Helms, it would be a safe assumption that this declaration would be part of his job description.  Now I think it is also safe to say with employment that when you take a job and are given description of this job and what is expected of you and you do not meet your job description you soon find you are unemployed. So why then is Lynn Helms still the Director of North Dakota Oil and Gas?  I wonder who reviews his position?  If this is a law, why is it not enforced?  Why are laws made when the enforcers of these laws pick and choose when to use them?
So now you the landowner sit with the expense of  having to clean up the soil to farm, contaminated water so your livestock are now in jeopardy and still paying tax dollars to wages of  someone not doing their job. This is a no win situation, unless you are an out of state Oil Company or a ND State employee, then it is a win win situation.  I made the mistake of choosing an honest way to make a living.

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