Hunt Oil Co. v. Kerbaugh
North Dakota Supreme Court
283 N.W.2d 131 (N.D. 1979)
Relevant factsFree
Hunt Oil Co. (Hunt) (plaintiff) leased mineral rights beneath the surface owned by Ivan and Shirley Kerbaugh (defendants), and attempted seismic exploration on their land; the Kerbaughs ordered Hunt's surveyors off the property, and Hunt sought and obtained a temporary injunction to conduct its operations. The Kerbaughs appealed, arguing Hunt's seismic operations were damaging their crops and property and would continue to do so.
IssueFree
Whether the owner of a mineral estate has the right to use so much of the surface as is reasonably necessary to explore, develop, and transport the minerals, and who bears the burden of showing a less intrusive method of surface use was available.