2011 New Mexico Statutes
Chapter 70: Oil and Gas
Article 12: Surface Owners Protection Act, 70-12-1 through 70-12-10
Section 70-12-4: Compensation for oil and gas operations.
70-12-4. Compensation for oil and gas operations.
A. An operator shall compensate the surface owner for damages sustained by the surface owner, as applicable, for loss of agricultural production and income, lost land value, lost use of and lost access to the surface owner's land and lost value of improvements caused by oil and gas operations. The payments contemplated by this section only cover land affected by oil and gas operations.
B. An operator shall not be responsible for allocating compensation between the surface owner and any tenant, except that an operator shall compensate a tenant of the surface owner for any leasehold improvements damaged as a result of the operator's oil and gas operations if the improvements are approved and authorized by the surface owner. The compensation shall equal the cost of repairing or replacing the improvements.
C. An operator shall reclaim all the surface affected by the operator's oil and gas operations.
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