AGO 81-067.
Case Date | July 06, 1981 |
Court | North Dakota |
In the event the operator under an oil and gas lease fails to pay oil or gas royalties to the mineral owner or his assignee within one hundred fifty days after oil or gas produced under the lease is marketed and cancellation of the lease is not sought, the unpaid royalties shall thereafter bear interest at the rate of eighteen percent per annum until paid.As we understand the question, it is whether the duty to pay interest on royalties begins on July 1, 1981, if the necessary 1 50-day period has run prior to that date, or whether an additional 150-day period is to be allowed after the effective date of the amendment before the duty to pay interest commences. Section 1-02-1 0, N.D.C.C., states:
No part of this code is retroactive unless it is expressly declared to be so.The North Dakota Supreme Court has said on several occasions that a legislative act is presumed to be prospective unless the Legislature clearly manifests a contrary intent. See, for example, In Interest of W. M. V., 268 N.W.2d. 781 (N.D. 1978), and Monson v. Nelson, 145 N.W.2d. 892 (N.D. 1966). In this case, however, it...
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