Administrative Rules for
Part 615 -
Natural Resources and Environmental Protection Act, Act No. 451 of the Public
Acts of 1994, as amended
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Sec. 61503c.
(1) Notwithstanding section 61522, a person
who knowingly violates section 61503a or 61503b is responsible for the payment
of a civil fine of not more than $1,000.00.
A default in the payment of a civil fine or costs ordered under this
section or an installment of the fine or costs may be remedied by any means
authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101
to 600.9948.
(2) The attorney general or the lessor of a
gas lease with respect to his or her lease may bring an action in circuit court
for injunctive relief or damages, or both, against a person who violates
section 61503a or 61503b.
(3) If a person who has entered into a gas
lease as a lessee violates section 61503a or 61503b, each day the violation
continues constitutes a separate offense only for 5 days; thereafter, each day
the violation continues does not constitute a separate offense. If a person who has entered into a gas lease
as a lessee violates section 61503a or 61503b and such a violation affects more
than 1 lessor having an interest in the same well, pooled unit, or unitized
area, the violation as to all lessors constitutes only 1 offense.
(4) If a court finds that a lessee deducted
postproduction costs from a lessor's royalty contrary to section 61503b(1), the
lessor may recover as damages the amount of postproduction costs deducted
contrary to section 61503b(1) and may also recover reasonable attorney fees
incurred in bringing the action unless the lessee endeavored to cure the
alleged violation pursuant to subsection (5) prior to the bringing of the
action. In addition, a lessee who
prevails in litigation under this subsection may recover reasonable attorney
fees incurred in defending an action under this subsection, if the court finds
that the position taken by the lessor in the litigation was frivolous.
(5) A person shall not bring an action under
this section unless the person has first given the lessee written notice of the
alleged violation of section 61503a or 61503b, with reasonably comprehensive
details, and allowed a period of at least 30 days for the lessee to cure the
alleged violation.
History:
Add. 1999, Act 247, Eff.
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