TITLE 47

MINES AND MINING

CHAPTER 3

OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE

47-333.  Action for accounting for royalty. (1)  Whenever an owner of a royalty interest makes a written demand for an accounting of the oil and gas produced, but no more frequently than once every twenty-four (24) months, and makes written demand for delivery or payment of his royalty as may then be due upon the person or persons obligated for the delivery or payment of the royalty, and the obligated persons then fail to make the accounting demanded and the payment or delivery of the royalty due within a period of ninety (90) days following the date upon which the demand is made, then the royalty owner may file an action in the district court of the county wherein the lands are located to compel the accounting demanded and to recover the payment or delivery of the royalty due against the person or persons obligated.

(2)  In such an action, the prevailing party or parties shall be entitled to reasonable attorney’s fees to be allowed by the court, together with the costs allowed to a prevailing party, pursuant to section 12-120, Idaho Code.

(3)  The remedies under this section are not exclusive and do not abrogate any right or remedy under other laws of this state.

History:

[47-333, added 2017, ch. 271, sec. 26, p. 706.]