§ 47-10-24 — Description and definition of minerals in leases and conveyances (Retroactive application - See note)

North Dakota § 47-10-24

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-10: Real Property Transfers

Text

(Retroactive application - See note)
1. All conveyances of mineral rights or royalties in real property in this state, excluding
leases, must be construed to grant or convey to the grantee all minerals of any nature
whatsoever except those minerals specifically excluded by name in the deed, grant, or
conveyance, and their compounds and byproducts, but may not be construed to grant
or convey to the grantee any interest in any gravel, clay, or scoria unless specifically
included by name in the deed, grant, or conveyance.
2. Except as provided in subsection 3, a lease of mineral rights in this state may not be
construed as passing any interest to any minerals except those minerals specifically
included and set forth by name in the lease. For the purposes of this section, the
naming of either a specific metalliferous element, or nonmetalliferous element, and if
so stated in lease, is deemed to include all of its compounds and byproducts, and in
the case of oil and gas, all associated hydrocarbons produced in a liquid or gaseous
form so named must be deemed to be included in the mineral named. Except as
provided in subsection 3, the use of the words "all other minerals" or similar words of
an all-inclusive nature in any lease may not be construed as leasing any minerals
except those minerals specifically named in the lease and their compounds and
byproducts.
3. As provided under section 38-12-06, a lease of coal in this state whenever granted is
deemed to include all critical minerals and rare earth minerals chemically bound,
embedded, commingled, included, or contained within a coal seam or coal deposit
unless specifically excluded from the lease of coal.