2006 New York Code - Forfeiture And Cancellation Of Oil, Gas Or Mineral Land Leases



 
    § 15-304. Forfeiture  and  cancellation  of  oil,  gas or mineral land
  leases. 1. When any oil,  gas  or  mineral  land  lease  given  on  land
  situated  in  any  county of New York state and recorded therein becomes
  forfeited, terminates or expires by its own terms, the lessee, or  where
  the  lessee  has assigned its interest, the assignee, within thirty days
  after the date of  the  forfeiture,  termination  or  expiration,  shall
  provide  to the current owner of the land which is subject to the lease,
  without cost to such owner, a document in recordable form cancelling the
  lease as of record in the county where the leased land is situated.
    2. If any lessee, or its assignee fails to cancel a lease, as provided
  for in subdivision one of this section, the current owner  of  the  land
  which is subject to the lease may:
    (a)  serve  notice  upon the lessee, and if actual or record notice of
  their identity exists, to its assignee, that such lease be cancelled  as
  of  record,  and  stating  that  if  such release is not executed within
  thirty days of the service of such notice, the lease will be  terminated
  and no longer of any effect. Such notice shall also state;
    (i)  the  names and addresses of the lessor and lessee if contained in
  the lease;
    (ii) the name and address of the person giving notice and a  statement
  as to his interest;
    (iii)  the state, county and city or town where the leased premises is
  located along with  the  location  and  a  general  description  of  the
  property as contained in the lease;
    (iv)  if  located  in  a  unit, the name or description of the unit if
  known;
    (v) if there is a well on the leased land, the name or number  of  the
  well if known;
    (vi) the date of the execution of the lease; and
    (vii)  the  date  of  termination  of  the lease and the basis of such
  termination.
    (b) service of such notice  demanding  a  release  shall  be  effected
  either  personally,  by  certified  mail  to the lessee's, and where the
  lease has been assigned, the assignee's, last  known  business  address,
  or,  if  service  cannot  be  made  with  due diligence by the prior two
  methods, by publication once a week for three weeks in  a  newspaper  of
  general circulation in the county where the leased land is situated;
    (c)  If  the  lessee or its assignee claims that the lease is still in
  full force and effect, either of these parties shall, within thirty days
  of the service of such notice of demand to cancel  the  lease,  file  an
  affidavit  with  the recording offices of the county wherein the land is
  situated. Such affidavit shall state that the lease is in full force and
  effect and a copy of such affidavit shall be  delivered  to  the  person
  serving the demand within ten days of the filing of the affidavit;
    (d)  If  such  affidavit  is  not  filed within the required time, the
  current landowner may file a copy of the original notice to  the  lessee
  or  assignee  and  an  affidavit  of  service thereof with the recording
  officer of the county in which the leased land is situated, and by  such
  filing the lease shall be cancelled and of no further effect.
    4.  For purposes of this section, the term "mineral" shall not include
  salt, as defined by subdivision  eighteen  of  section  23-0101  of  the
  environmental conservation law.
    5.  For  the  purposes of this section, where the landowner is not the
  owner of the oil, gas or mineral rights, the  reference  to  "landowner"
  shall be deemed to mean the owner of such oil, gas or mineral rights.
    6.  This  section shall apply to all leases entered into before, on or
  after the effective date of this section.

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