(A) It shall be unlawful for any person, firm or corporation to drill or put down more than one petroleum or gas well upon any block. The term BLOCK, as used in this chapter, means one continuous tract of land of not less than two and one-half acres. Upon application of any owner, lessee or other interested person, firm or corporation in any town block of less than two and one-half acres, the tract may be attached to an adjoining block or part of block for the purpose of drilling a well and the owners participate in the well in proportion to the land owned by each.
(B) Before any permit for the drilling or putting down of any petroleum or gas well is issued, a written application therefor, signed by the applicant or some person in his or her behalf, shall state the block and the exact location thereon where the proposed well will be drilled. There shall be attached thereto copies of all the leases or contracts with the owners of the property in such block or block which are controlled or owned by the applicant and abstracts showing that the property is owned by the lessors.
(C) If the applicant does not have the entire block or tract under lease, but owns, controls or has under lease not less than 51% of all the property within such block or tract, the Town Board of Trustees, after giving notice and conducting hearings as hereinafter provided, shall have authority to determine the equities and grant a proper permit for drilling a well upon such block or tract. Before granting such permit, notice by registered mail shall be given to all known owners not less than ten days prior to the date and place for hearing which shall be sent out in the notice. If the address of any owner is unknown, upon affidavit duly filed setting out the inability on the part of the applicant to obtain service upon such unknown owner, notice shall be given by publication in five issues of the local newspaper, a legal publication, proof of which must be filed before hearing the application and shall describe the property affected upon which the application is to be heard and shall fix the date of the hearing thereon, which shall not be less than ten days after the date of the publication. The notice shall be dated and signed by the Mayor. At such hearing, the Town Board of Trustees shall examine all witnesses under oath and keep a record of the proceedings, make any requirements, regulations or orders which may be necessary, proper or equitable for all persons interested therein and shall protect and safeguard the rights of all parties affected by such order. Any party affected by such order may appeal within ten days to the District Court.
(`85 Code, § 17-12) Penalty, see § 112.99