§ 30-5-406 — Surface damage negotiations; notice of damages to oil and gas operator; right to bring action

(a) If the oil and gas operator has commenced oil and gas
operations in the absence of any agreement for compensation for
all damages, a surface owner shall give written notice to the
oil and gas operator and the commission of the damages sustained
by the surface owner within two (2) years after the damage has
been discovered, or should have been discovered through due
diligence, by the surface owner.
(b) Unless both parties provide otherwise by written
agreement, within sixty (60) days after the oil and gas operator
receives notice of damages pursuant to subsection (a) of this
section, the oil and gas operator shall make a written offer of
settlement to the surface owner as compensation for damages.
The surface owner seeking compensation for damages under this
section may accept or reject any offer made by the oil and gas
operator.
(c) If the surface owner who submits a notice as required
under subsection (a) of this section receives no reply to his
notice, receives a written rejection or counter offer or rejects
an offer or counter offer from the oil and gas operator, the
surface owner may bring an action for compensation for damages
in the district court in the county where the damage was
sustained.