Mont. Code Ann. » TITLE 82. MINERALS, OIL, AND GAS · CHAPTER 10. OIL AND GAS -- GENERAL PROVISIONS · Part 5. Surface Owner Damage and Disruption Compensation
Montana Code Annotated

Mont. Code Ann. § 82-10-501 (2026)

Purpose -- Legislative Findings

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  1. MCA Contents
  2. TITLE 82
  3. CHAPTER 10
  4. Part 5
  5. 82-10-501 Purpose -- legislative findings

TITLE 82. MINERALS, OIL, AND GAS

CHAPTER 10. OIL AND GAS -- GENERAL PROVISIONS

Part 5. Surface Owner Damage and Disruption Compensation

Purpose -- Legislative Findings

82-10-501. Purpose -- legislative findings. (1) The purpose of this part is to provide for the protection of surface owners of land underlaid with oil and gas reserves while allowing for the necessary development of those reserves.

(2) To carry out the purpose described in subsection (1), the legislature finds that:

(a) it is necessary to protect the economic well-being of individuals engaged in agricultural production;

(b) exploration for and development of oil and gas reserves in this state, while necessary, interferes with the use, agricultural or otherwise, of the surface of certain land; and

(c) owners of the surface estate should be justly compensated for use of their property and interference with the use of their property due to oil and gas development.

History: En. Sec. 1, Ch. 199, L. 1981.

Notes of Decisions
Cited in 4 cases, 1986–2016 · leading case: Burlington Resources Oil & Gas Co. v. Lang & Sons Inc., 2011 MT 199, 259 P.3d 766.
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Burlington Resources Oil & Gas Co. v. Lang & Sons Inc., 2011 MT 199, 259 P.3d 766. · cites it 14× “The District Court concluded that the more specific provision for damages at § 82-10-504(l)(a), MCA, controlled over the broad purpose statement in § 82-10-501, MCA. ¶31 We agree, in this instance, that Lang’s broad “made whole” interpretation of § 82-10-501(2)(c), MCA, could…”
Pinnacle Gas Resources, Inc. v. Diamond Cross Props., LLC, 2009 MT 12, 201 P.3d 160. · cites it 13× “Neither does the plain language grant the surface owner any power or right to prohibit the mineral holder from entering the property.”
Bonds v. Sanchez-O'Brien Oil & Gas Co., 715 S.W.2d 444 (Ark. 1986). “Montana ( Mont. Code Ann. § 82-10-501 to § 82-10-511 (1983); Illinois (111.”
Interstate Explorations, LLC v. Morgen Farm & Ranch, Inc., 2016 MT 20, 364 P.3d 1267. · cites it 2× “However, citing §§ 82-10-508 and 82-11-142(2), MCA, the District Court reasoned that the Act was not the exclusive remedy for surface damage claims, and that surface owners were entitled to seek other remedies permitted by law.”
Mont. Code Ann. § 82-10-501(2)(c): 1 case
Burlington Resources Oil & Gas Co. v. Lang & Sons Inc., 2011 MT 199, 259 P.3d 766. “The District Court concluded that the more specific provision for damages at § 82-10-504(l)(a), MCA, controlled over the broad purpose statement in § 82-10-501, MCA. ¶31 We agree, in this instance, that Lang’s broad “made whole” interpretation of § 82-10-501(2)(c), MCA, could…”
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