North Dakota § 38-10-05 Personal representative may sell mineral, oil, and gas rights separately from surface rights

North Dakota Statutes

§ 38-10-05 — Personal representative may sell mineral, oil, and gas rights separately from surface rights

North Dakota § 38-10-05

Title 38Mining and Gas and Oil Production

Ch. 38-10Sales and Leases by Personal Representatives

This text of North Dakota § 38-10-05 (Personal representative may sell mineral, oil, and gas rights separately from surface rights) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 38-10-05 (2026).

Text

from surface rights.
Whenever it appears to the satisfaction of the district court that it is necessary for the
payment of the family allowance or of claims, expenses of administration, or legacies, or that it
is for the advantage, benefit, or best interests of the estate of a decedent, minor, or
incompetent, and of the persons interested therein, that the whole or some undivided fractional
part of the oil, gas, or other minerals in or under, or that may be produced from, land belonging
to the estate should be sold separately from the surface rights, the personal representative may
sell the same, upon order of the district court.

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from surface rights.
Whenever it appears to the satisfaction of the district court that it is necessary for the
payment of the family allowance or of claims, expenses of administration, or legacies, or that it
is for the advantage, benefit, or best interests of the estate of a decedent, minor, or
incompetent, and of the persons interested therein, that the whole or some undivided fractional
part of the oil, gas, or other minerals in or under, or that may be produced from, land belonging
to the estate should be sold separately from the surface rights, the personal representative may
sell the same, upon order of the district court.