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Compulsory pooling in North Dakota: should production income and expenses be divided from date of pooling, spacing, or First Runs

Journal Article · · Public Land Resour. Law Dig.; (United States)
OSTI ID:5588450
The legal issues involving compulsory pooling of oil and gas production focuses on whether or not the law is retroactive. The author summarizes the rule on the division of well production and expenses in the case of undivided interests. Although the compulsory pooling order is well settled in North Dakota and many jurisdictions where decisions are based on long-standing principles of cotenancy law, the North Dakota Supreme Court has not ruled on the retroactive issue. The few jurisdictions which have ruled are not in accord. The author examines existing case law to suggest what the North Dakota rule should be based on in the pertinent provisions of state oil and gas conservation act and rules. He concludes that a compulsory pooling order should generally be retroactive to the date of first production.
OSTI ID:
5588450
Journal Information:
Public Land Resour. Law Dig.; (United States), Journal Name: Public Land Resour. Law Dig.; (United States) Vol. 20:2; ISSN PRLDD
Country of Publication:
United States
Language:
English