North Dakota Century Code Title 47. Property § 47-10-24. Description and definition of minerals in leases and conveyances

1. All conveyances of mineral rights or royalties in real property in this state, excluding leases, must be construed to grant or convey to the grantee all minerals of any nature whatsoever except those minerals specifically excluded by name in the deed, grant, or conveyance, and their compounds and byproducts, but may not be construed to grant or convey to the grantee any interest in any gravel, clay, or scoria unless specifically included by name in the deed, grant, or conveyance.

2. Except as provided in subsection 3, a lease of mineral rights in this state may not be construed as passing any interest to any minerals except those minerals specifically included and set forth by name in the lease. For the purposes of this section, the naming of either a specific metalliferous element, or nonmetalliferous element, and if so stated in lease, is deemed to include all of its compounds and byproducts, and in the case of oil and gas, all associated hydrocarbons produced in a liquid or gaseous form so named must be deemed to be included in the mineral named. Except as provided in subsection 3, the use of the words “all other minerals” or similar words of an all-inclusive nature in any lease may not be construed as leasing any minerals except those minerals specifically named in the lease and their compounds and byproducts.

3. As provided under section 38-12-06, a lease of coal in this state whenever granted is deemed to include all critical minerals and rare earth minerals chemically bound, embedded, commingled, included, or contained within a coal seam or coal deposit unless specifically excluded from the lease of coal.