Nebraska § 57-910.10 - Unit or cooperative development; lien of operator; establishment and enforcement; effect on nonconsenting owner.

§ 57-910.10. Unit or cooperative development; lien of operator; establishment and enforcement; effect on nonconsenting owner.

Subject to the limitations set forth in sections 57-910 to 57-910.12, and to such further limitations as may be set forth in the plan of unitization and operating plan, the operator of the unit shall have a first and prior lien for costs incurred pursuant to the plan of unitization and operating plan upon each owner's oil and gas rights and his share of unitized production to secure the payment of such owner's proportionate part of the cost of developing and operating the unit area. The lien may be established and enforced in the same manner as is provided by sections 57-801 to 57-820. For such purposes any nonconsenting owner shall be deemed to have contracted with the unit operator for his proportionate part of the cost of developing and operating the unit area.

The possible advantage in delay to nonpooling owners by being carried or otherwise financed may be lessened or offset by allowance of a cost item for risk capital. Ohmart v. Dennis, 188 Neb. 260, 196 N.W.2d 181 (1972).