77-3-438. Assignments of leases. (1) The assignment of any oil and gas lease issued under this part, either in whole or as to subdivisions of land embracing not less than 40 acres covered thereby, made to an assignee qualified as provided herein is permitted. Such assignment is not, however, binding upon the state until filed with the department and accompanied by the required fees, together with such proof of qualifications required by the board, and approved by the board or its lawful representative. The approval of any assignment so filed and supported may not be withheld in any case where the rights or interest of the state in the property assigned will not in the judgment of the board be prejudiced thereby, and the decision of the board in all cases is subject to appeal upon proper court proceedings.
(2) All other assignments of oil and gas leases issued under this part or interests therein are subject to approval by the board and are binding upon the state in the discretion of the board.
History: En. Sec. 16, Ch. 108, L. 1927; re-en. Sec. 1882.16, R.C.M. 1935; amd. Sec. 90, Ch. 428, L. 1973; R.C.M. 1947, 81-1716.
Structure Montana Code Annotated
Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources
77-3-401. Oil and gas leases authorized
77-3-403. Hearings on questions related to leases
77-3-404. Limitation on area under single lease
77-3-405. Leased lands to be generally compact and contiguous
77-3-406. Number of leases which one person may hold
77-3-407. New leases on lands leased prior to February 28, 1953
77-3-408. Certain state officers not to be interested in leases
77-3-409. Misconduct of officers in relation to oil and gas leases
77-3-410. False statements relating to oil and gas leases
77-3-411. Notice of lease sale required
77-3-412. through 77-3-420 reserved
77-3-422. Lease extension clause
77-3-426. Lessee to prevent waste
77-3-427. Provision for offset wells -- compensatory royalties
77-3-428. Additional development following completion of productive well
77-3-429. Operating agreements
77-3-430. Pooling agreements and unit operations
77-3-434. Manner of making royalty payment
77-3-435. Payments due to state -- audit -- notice -- action
77-3-436. Disposition of royalties and other money
77-3-437. Amendment of existing leases
77-3-438. Assignments of leases
77-3-440. Forfeiture and cancellation of leases
77-3-441. Restriction on new lease following termination of old lease
77-3-442. Disposition of property of lessee upon termination of lease
77-3-443. Reservation in lease for disposition of surface
77-3-444. Limitation on overriding royalties and payments out of production