North Dakota Code § 38-10-08

Order of license to sell oil, gas, or mineral rights and procedure thereafter
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If it appears to the district court, after the hearing provided for in this chapter, that it is 
necessary, or for the advantage, benefit, and best interests of the estate and of the persons 
interested therein, to sell the whole or some fractional part of the oil, gas, or minerals in and 
under, and that may be produced from, land belonging to the estate, the court may enter its 
order of license authorizing the sale of the whole or any fractional part thereof separately from 
the surface rights. Thereafter, further proceedings must be had and conducted in compliance 
with the provisions of sections 30.1 -13-04, 30.1-18-03, 30.1-18-04, 30.1-18-11, 30.1-18-15, and 
30.1-19-08.
38-10-09. Sales of oil, gas, or mineral rights made subject to existing lease.
Sales of oil, gas, or mineral rights made under the provisions of this chapter must be made 
subject to the terms of any then existing oil, gas, or mineral lease and must cover and include all 
or a fractional part of the oil royalty, gas rental or royalty, and mineral rental or royalty to be paid 
under such lease.

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