§ 113-396. Wells to be kept under control. - North Carolina Statutes

§ 113‑396.  Wellsto be kept under control.

In order to protect further the natural gas fields and oil fields inthis State, it is hereby declared to be unlawful for any person to permitnegligently any gas or oil well to go wild or to get out of control. The ownerof any such well shall, after 24 hours' written notice by the Department givento him or to the person in possession of such well, make reasonable effort tocontrol such well.

In the event of the failure of the owner of such well within 24 hours afterservice of the notice above provided for, to control the same, if such can bedone within the period, or to begin in good faith upon service of such notice,operations to control such well, or upon failure to prosecute diligently suchoperations, then the Department shall have the right to take charge of the workof controlling such well, and it shall have the right to proceed, through itsown agents or by contract with a responsible contractor, to control the well orotherwise to prevent the escape or loss of gas or oil from such well all at thereasonable expense of the owner of the well. In order to secure to theDepartment the payment of the reasonable cost and expense of controlling orplugging such well, the Department shall retain the possession of the same andshall be entitled to receive and retain the rents, revenues and incometherefrom until the costs and expenses incurred by the Department shall berepaid. When all such costs and expenses have been repaid, the Department shallrestore possession of such well to the owner; provided, that in the event the income received by the Department shall not be sufficient to reimburse theDepartment as provided for in this section, the Department shall have a lien orprivilege upon all of the property of the owner of such well, except such as isexempt by law, and the Department shall proceed to enforce such lien orprivilege by suit brought in any court of competent jurisdiction, the same asany other civil action, and the judgment so obtained shall be executed in thesame manner now provided by law for execution of judgments. Any excess over theamount due the Department which the property seized and sold may bring, afterpayment of court costs, shall be paid over to the owner of such well. (1945, c. 702, s. 16; 1973, c. 1262, s. 86.)