North Dakota land is described by section, township and range under the Public Land Survey System, measured from the Fifth Principal Meridian, and sections 16 and 36 of every township were granted to the state at statehood in 1889 for the support of common schools, which is why many of those sections carry state trust minerals.
The General Land Office's 1894 Manual of Surveying Instructions, reproduced in the Bureau of Land Management's history of the rectangular survey, lists North Dakota among the states whose surveys are governed by the Fifth Principal Meridian, which starts from the old mouth of the Arkansas River with a base line running west from the old mouth of the St. Francis River. The same meridian governs Arkansas, Missouri and Iowa.
That means a Bakken description such as "Section 12, Township 153 North, Range 95 West, Fifth Principal Meridian" is read the standard way: tiers north of a base line in Arkansas and ranges west of a meridian far to the east. See the township and range guide for the arithmetic.
The North Dakota Department of Trust Lands explains that the Enabling Act of February 22, 1889, which enabled North Dakota, South Dakota, Montana and Washington to form state governments and be admitted to the Union, granted sections 16 and 36 in every township to the new states "for the support of common schools." Where parts of those sections had already been sold before statehood, the act allowed "in lieu" selections elsewhere. In North Dakota the grant totaled nearly 2.6 million acres.
Today the Department manages approximately 706,600 surface acres and nearly 2.6 million mineral acres.
Private conveyances are recorded with the county recorder. The North Dakota Department of Mineral Resources notes that a statement of claim under the state's dormant mineral statute must be recorded in the office of the recorder in the county where the mineral interest is located, and that its Oil and Gas Division does not calculate mineral values or review private leases or contracts.
North Dakota also gives owners an unusually useful record. Under N.D. Admin. Code § 43-02-06-01.1, within 120 days after the end of the month of the first sale of production from a well, or of a change in the well's spacing unit or an owner's decimal, the operator or payor must send the mineral owner a statement identifying the spacing unit, the owner's net mineral acres, the gross mineral acres in the unit and the decimal that will be applied.
| Record | Where to look |
|---|---|
| Federal patents and township plats | BLM General Land Office Records |
| State trust surface and minerals (sections 16 and 36, in-lieu lands) | North Dakota Department of Trust Lands |
| Deeds, leases and dormant-mineral statements of claim | County recorder |
| Spacing unit, net mineral acres and decimal for a well | The operator's statement under N.D. Admin. Code § 43-02-06-01.1 |
The section, township and range in a deed is what ties minerals to a spacing unit. The operator's 120-day statement identifies that spacing unit and lists the owner's net mineral acres, the gross mineral acres in the unit and the decimal interest that will be applied; whether those figures match the deeds is a question for a title examiner.
This page is general information, not legal advice. Have a North Dakota title examiner confirm what a specific description covers.
The Public Land Survey System (Township and Range)
Mineral Rights in North Dakota
Oil & Gas Encyclopedia — all terms
Educational information only — not legal, tax, or investment advice. Consult a qualified attorney, CPA, or landman about your specific situation.
The Fifth Principal Meridian, the same meridian that governs Arkansas, Missouri and Iowa, according to the 1894 Manual of Surveying Instructions reproduced by the Bureau of Land Management.
The Enabling Act of 1889 granted sections 16 and 36 of every township to the state for the support of common schools. The North Dakota Department of Trust Lands still manages nearly 2.6 million mineral acres.
With the county recorder in the county where the land lies. Dormant-mineral statements of claim are recorded there too, according to the Department of Mineral Resources. For whether and how to file one, talk to a North Dakota oil and gas attorney.
Within 120 days after the end of the month of the first sale from a well, or of a change in the spacing unit or your decimal, the operator or payor must send you a statement of the spacing unit, your net mineral acres, the gross mineral acres in the unit and your decimal.
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