{"data":{"id":"us-nm/70-12-7","jurisdiction":"us-nm","citation":"70-12-7","heading":"Damages.","body":"In an action brought pursuant to the Surface Owners Protection Act, if the court finds that compensation is owed under Section 3[4] [70-12-4 NMSA 1978] of the Surface Owners Protection Act the court may also award the prevailing party:\nA. attorney fees and costs if:\n(1) the operator conducted oil and gas operations without providing notice as required by Subsection B of Section 4[5] [70-12-5 NMSA 1978] of the Surface Owners Protection Act;\n(2) the operator conducted oil and gas operations without a surface use and compensation agreement and before depositing a bond or other surety as required by Section 5[6] [70-12-6 NMSA 1978] of the Surface Owners Protection Act;\n(3) the operator conducted oil and gas operations outside the scope of a surface use and compensation agreement and, when entering into the agreement, knew or should have known that oil and gas operations would be conducted outside the scope of the agreement; or\n(4) the surface owner failed to exercise good faith in complying with the provisions of the Surface Owners Protection Act or the terms of a surface use and compensation agreement; or\nB. attorney fees, costs and treble damages if the court finds, by clear and convincing evidence, that:\n(1) the operator willfully and knowingly entered upon the premises for the purpose of commencing the drilling of a well:\n(a) without giving notice of the entry as required by Subsection B of Section 4[5] of the Surface Owners Protection Act; or\n(b) without a surface use and compensation agreement with the surface owner and before depositing a bond or other surety pursuant to Section 5[6] of the Surface Owners Protection Act; or\n(2) either the surface owner or the operator willfully and knowingly violated the surface use and compensation agreement.","path":["Chapter 70 - Oil and Gas","ARTICLE 12 Surface Owners Protection"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18573/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"30b944ceecf44ec6704664c0b0643f9448e5fde3ac1bafdf395a68fd047b5dc0","source_id":"us-nm","stale":false,"prev":"us-nm/70-12-6","next":"us-nm/70-12-8"},"notice":"GroundRules: Original legal text. Not legal advice."}