57-234. Fractional interests in oil, gas, or hydrocarbon units or fields; taxation; violations; penalty.
(1) When oil, gas, or other hydrocarbon wells or fields belonging to multiple owners are operated as a unit, the owner of each fractional interest in such unit shall be liable for the same proportion of the tax levied against the real property of the unit that his or her fractional interest therein bears to the total of interests in such unit and shall be liable for the tax levied against his or her taxable value in the tangible personal property of such unit.
(2) The unit operator shall collect from the owners of the fractional interests and remit to the county treasurer of the county in which the unit is located all taxes levied against the real or tangible personal property of the unit. The unit operator may deduct and withhold from royalty payments, or any other payments made to any fractional interest owner, either in kind or in money, the estimated amount of the tax to be paid by such fractional interest owner. Any difference between the estimated tax so withheld and the actual tax payable by any owner of a fractional interest may be accounted for by adjustments in royalty or other payments made to such owner subsequent to the time the actual tax is determined.
(3) At the request of any unit operator who does not disburse payments to fractional interest owners, the first purchaser shall collect the tax from the fractional interest owners and transfer such proceeds to the unit operator who shall remit to the treasurer the taxes levied against the unit. Such first purchaser shall collect from the fractional interest owners under the same procedure outlined for the unit operator in this section.
(4) Failure of the unit operator to collect and remit the tax as provided in this section shall not preclude the county treasurer from utilizing lawful collection and enforcement remedies and procedures to collect the tax owed by the fractional interest owner, but a nonoperating owner shall not be subject to penalty or interest upon the tax owed unless he or she fails to remit such tax within twenty days after notification to him or her by the county treasurer of the default of the operator.
(5) For the purposes of this section, unit shall mean any single oil, gas, or other hydrocarbon well or field which has multiple ownership, or any combination of oil, gas, or other hydrocarbon wells, fields, and properties consolidated into a single operation, whether by a formal agreement or otherwise, and owner shall mean the holder of any interest or interests in any such property or unit including royalty interests.
(6) The county assessor shall assist the county treasurer in the preparation of a tax statement to the unit operator to aid in the collection of all property taxes assessed against the unit.
Source
Structure Nebraska Revised Statutes
Chapter 57 - Minerals, Oil, and Gas
57-101 - Coal and iron development; state aid; conditions.
57-104 - Prospectors; specimens preserved.
57-105 - Former discoveries; no aid given.
57-106 - Coal development; county aid; petition; election; bonds; limit.
57-107 - Bonds; election; issuance; payment; laws applicable.
57-201 - Oil, gas, and mineral leases; forfeiture; duty of lessee to surrender.
57-202 - Forfeited lease; failure to surrender; notice by landowner; form.
57-205 - Forfeited lease; lessee's failure to execute surrender; remedy of lessor.
57-206 - Lease; discharge by entry on margin of record; procedure.
57-207 - Lease; discharge by endorsement on indenture; procedure.
57-209 - Lease; discharge of record; demand; requisite for action by landowner, when.
57-218 - Oil and gas leases; authority to issue.
57-219 - Oil and gas leases; annual delay rentals; royalties.
57-220 - Oil and gas leases; sale at public auction; notice.
57-221 - Oil and gas leases; pooling of acreage authorized; allocation of production.
57-222 - Oil and gas leases; life tenant; trustee for remaindermen; appointment.
57-223 - Oil and gas leases; trustee for remaindermen; execute when authorized by court; procedure.
57-224 - Oil and gas leases; trustee for remaindermen; invest income from royalties.
57-227 - Mineral and royalty interests; separate interests; effect of foreclosure of lien for taxes.
57-228 - Mineral interest; severed; termination; suit in equity; defendants.
57-229 - Mineral interests; severed; abandonment; extension; procedure.
57-230 - Mineral interests; severed; abandoned; judgment.
57-231 - Mineral interests; severed; limitation of action.
57-236 - Mineral interests; severed; placed on tax list; application; contents.
57-237 - Mineral interest; separate listing; application; when.
57-238 - Mineral interest; separate listing; appeal.
57-239 - Tax Commissioner; rules and regulations; prescribe forms.
57-303 - Lien; filing; notice; requirements; effect.
57-304 - Lien; enforcement by action; time.
57-502 - Cylinders; filling; requirements.
57-503 - Cylinders; valves; requirements.
57-504 - Container; filled by owner; purchase of cylinder; effect.
57-505 - Container; filling by other than owner; unlawful.
57-506 - Container; unlawful use; search warrant; violation; penalty.
57-508 - Sale of gas; units of measurement.
57-509 - Sale by weight; marking required.
57-510 - Weighing and measuring devices; testing; duties of Department of Agriculture.
57-511 - Sale; invoices; information required.
57-512 - Sale of gas; rules and regulations; tolerances.
57-513 - Refilling of package or container; credit for unused liquid.
57-514 - Vehicle tank; equipment.
57-515 - Sale; correction for temperature; sale tickets; contents.
57-516 - Unlawful sale; violation; penalties.
57-603 - Eminent domain; rights of condemner.
57-604 - Acquisition of property; petition of condemner; requirements.
57-605 - Acquisition of property; conditions precedent; hearing; order; appeal.
57-607 - Acquisition of property; eminent domain; procedure; payment of severance tax.
57-608 - Reduction of gas to possession; property of condemner; exception.
57-609 - Abandonment by condemner of underground reservoir; reversion of property to landowner.
57-702 - Tax; levy; persons liable; due and payable; lien.
57-703 - Tax; levy on resources severed; rate.
57-704 - Taxes; payment; time; statement; filing; form; contents.
57-705 - Tax; remittance; Severance Tax Fund; Severance Tax Administration Fund; created; use.
57-706 - Tax; security; notice; use.
57-707 - Reports; payment of tax.
57-708 - Tax; deductions permitted.
57-709 - Tax; delinquent; action.
57-710 - Tax; when delinquent; interest; penalty.
57-712 - Tax Commissioner; supervise tax collections.
57-714 - Tax; delinquent; restrain severing resource; Attorney General; county attorney.
57-716 - Producer; file certificate; contents.
57-717 - Severance tax collection; Tax Commissioner; powers and duties; penalty.
57-718 - Tax Commissioner; enforcement; powers and duties; records; requirements.
57-719 - Violations; penalties.
57-802 - Leasehold interest; oil and gas operations; labor and material; lien.
57-803 - Lien; property covered.
57-806 - Notice of lien; how given; effect.
57-807 - Extent of liability of owner; payment after notice, effect; right of offset.
57-808 - Lien; time of attaching.
57-809 - Lien; labor preferred over material.
57-810 - Labor and materials deemed furnished under single contract; lapse of time; effect.
57-811 - Lien; filing; statement; contents.
57-812 - Filing of statement; duties of county clerk; effect of filing; fee.
57-813 - Filing of bond; procedure; effect.
57-814 - Lien; enforcement by civil action; statute of limitations.
57-815 - Actions; parties; defense; retention of funds.
57-816 - Actions; consolidation; intervention.
57-817 - Lien; removal of property; consent of holder of lien required.
57-818 - Judgments; sale under execution.
57-901 - Development of oil and natural gas; purpose.
57-902 - Waste of oil and gas; prohibited.
57-903 - Oil and gas; terms, defined.
57-905 - Commission; powers and duties.
57-905.01 - Operator of Class II commercial underground injection well; duties.
57-906 - Oil and gas; drilling permit; abandonment permit; fee.
57-907 - Commission; limitation on production; duties.
57-908 - Commission; spacing units; establish.
57-910.01 - Unit or cooperative development; application for order for unit operation; contents.
57-910.02 - Unit or cooperative development; hearing; notice.
57-910.06 - Unit or cooperative development; operations upon any portion of unit area; effect.
57-910.08 - Unit or cooperative development; division orders; no termination by commission.
57-910.09 - Unit or cooperative development; commission order not to result in transfer of title.
57-911 - Commission; rules and regulations; filing fee.
57-912 - Commission; witnesses; power of subpoena; failure to appear or testify; contempt.
57-914 - Temporary restraining order; bond; limitation of actions.
57-916 - Violations; injunction; parties; process.
57-916.01 - Violations; civil penalty; procedure.
57-917 - Commission; director; appointment; compensation; bond or insurance.
57-918 - Attorney General; act as legal advisor; administration of oath.
57-920 - Sections; jurisdiction.
57-921 - Commission; price or value of oil, gas, or other hydrocarbon substances; no power to fix.
57-922 - Oil and Gas Conservation Trust Fund; receipts; disbursements; investment.
57-1101 - Acquisition of property by eminent domain; authorized; procedure.
57-1102 - Crossing public roads or highways; rights acquired; restrictions.
57-1103 - Easements across public lands; acquisition; assessment of damages.
57-1105 - Award; payment; rights acquired; limitation on determination on appeal.
57-1106 - Breaking, injuring, damaging, or interfering with pipeline, plant, or equipment; penalty.
57-1202 - Tax; levy; person liable; due and payable; lien.
57-1204 - Tax; payment; when; reports; contents.
57-1206 - Tax; security; notice; use.
57-1207 - Report; payment of tax; by whom.
57-1208 - Tax; deductions permitted.
57-1209 - Tax; delinquent; action.
57-1210 - Tax; when delinquent; penalty.
57-1211 - False oath; penalty.
57-1212 - Tax Commissioner; supervise tax collections; rules and regulations.
57-1213 - Returns; failure to make; penalty.
57-1214 - Delinquencies; Attorney General; county attorney; injunction.
57-1301 - Transferred to section 66-1858.
57-1302 - Transferred to section 66-1859.
57-1303 - Transferred to section 66-1860.
57-1304 - Transferred to section 66-1861.
57-1305 - Transferred to section 66-1862.
57-1306 - Transferred to section 66-1863.
57-1307 - Transferred to section 66-1864.
57-1403 - Legislative findings.
57-1410 - Rules and regulations.
57-1411 - Public Service Commission Pipeline Regulation Fund; created; use; investment.
57-1413 - Documents or records; not withheld from public.
57-1501 - Legislative findings.
57-1602 - Legislative findings and declarations.
57-1604 - Reservoir estate; title; conveyance; mineral estate; how treated.
57-1606 - Permit, required; transfer; consent from permitting authority.
57-1607 - Permit; application; fee; costs; priority for processing.
57-1608 - Hearing; notice; requirements.
57-1609 - Permit; issuance; consultation required.
57-1610 - Permit; issuance; findings.
57-1611 - Permit or order; contents.
57-1612 - Reservoir estates owned by nonconsenting owners; included when.
57-1613 - Certificate; issuance; filing.
57-1615 - Act; permit; how construed.
57-1616 - Fees; Carbon Dioxide Storage Facility Administrative Fund; created; use; investment.
57-1617 - Fees; Carbon Dioxide Storage Facility Trust Fund; created; use; investment.
57-1618 - Carbon dioxide; title; liability.
57-1620 - Violations; penalties.
57-1621 - Agreements with government entities and state agencies; contracts authorized.
57-1622 - Storage facility; cooperative operation.
57-1623 - Geologic storage project; consent and participation; authorized.