reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,116 Same; fee fund.

55-1,116.
Same; fee fund.
(a) There is hereby created in the state treasury the natural gas underground storage fee fund.
(b) All moneys received by the state corporation commission as grants, gifts, bequests or state or federal appropriations for the purposes of K.S.A. 55-1,115, and amendments thereto, shall be remitted by the commission to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittence the state treasurer shall deposit the entire amount in the state treasury to the credit of the natural gas underground storage fee fund. The commission is authorized to receive from the federal government or any of its agencies or from any private or governmental source any funds made available for the purposes of K.S.A. 55-1,115, and amendments thereto.
(c) All moneys credited to the natural gas underground storage fee fund shall be for the use of the state corporation commission in administering the provisions of K.S.A. 55-1,115, and amendments thereto. All expenditures from the natural gas underground storage fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state corporation commission or by a person or persons designated by the chairperson. The corporation commission, with the approval of the director of accounts and reports, shall formulate a system of accounting procedures to account for the money credited to the natural gas underground storage fee fund pursuant to this section.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the natural gas underground storage fee fund interest earnings based on:
(1) The average daily balance of moneys in the natural gas underground storage fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding months.
(e) Whenever the state corporation commission determines that the unencumbered balance of moneys credited to the natural gas underground storage fee fund at the end of a fiscal year is more than necessary, when considered in relation to the amount of revenues and expenditures estimated for the ensuing fiscal year and an appropriate unencumbered balance in the fund at the end of the ensuing fiscal year, the commission shall proportionally reduce all fees and assessments which are charged, taxed or assessed by the commission as authorized or required by law, other than fees or assessments in amounts prescribed by statute or any penalties authorized by statute, and which are collected and deposited to the credit of the natural gas underground storage fee fund, in order to reduce such unencumbered ending balance in the fund to an appropriate amount.
History:
L. 2001, ch. 191, § 18; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,117a Same; department of health and environment regulation of underground crude oil storage.

55-1,117a.
Same; department of health and environment regulation of underground crude oil storage.
Not later than January 1, 2009, the secretary of health and environment shall adopt, pursuant to K.S.A. 55-1,117, and amendments thereto, rules and regulations governing underground crude oil storage. The secretary, pursuant to K.S.A. 75-5616, and amendments thereto, shall appoint an advisory committee to consult with and advise the secretary on the promulgation of such rules and regulations. The advisory committee shall consist of five members who represent persons knowledgeable and experienced in areas related to crude oil storage.
History:
L. 2008, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,118 Same; fee fund.

55-1,118.
Same; fee fund.
(a) (1) There is hereby established in the state treasury the subsurface hydrocarbon storage fund to administer the provisions of K.S.A. 55-1,117 through 55-1,122, and amendments thereto. Such fund shall be administered by the secretary in accordance with the provisions of this section.
(2) All moneys received by the secretary as grants, gifts, bequests or state or federal appropriations for the purposes of K.S.A. 55-1,117 through 55-1,122, and amendments thereto, shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of such fund. The secretary is authorized to receive from the federal government or any of its agencies or from any private or governmental source any funds made available for the purposes of K.S.A. 55-1,117 through 55-1,122, and amendments thereto.
(3) All expenditures from this fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
(b) The secretary is authorized to use moneys from the subsurface hydrocarbon storage fund to pay the cost of:
(1) All activities related to permitting activities including but not limited to development and issuance of permits, compliance monitoring, inspections, well and well system closures, long term monitoring and enforcement actions;
(2) review and witnessing of test procedures;
(3) review and witnessing of routine workover or repair procedures;
(4) investigation of violations, complaints, pollution and events effecting public health;
(5) design and review of remedial action plans;
(6) contracting for services needed to supplement the department's staff expertise in facility investigations;
(7) consultation needed concerning remedial action at a permitted facility;
(8) mitigation of adverse environmental impacts;
(9) emergency or long-term remedial activities;
(10) legal costs, including expert witnesses, incurred in administration of the provisions of K.S.A. 55-1,117 through 55-1,122, and amendments thereto; and
(11) costs of program administration.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the subsurface hydrocarbon storage fund interest earnings based on:
(1) The average daily balance of moneys in the subsurface hydrocarbon storage fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding months.
History:
L. 2001, ch. 191, § 10; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,119 Same; penalties for violations of rules and regulations.

55-1,119.
Same; penalties for violations of rules and regulations.
(a) The secretary or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of K.S.A. 55-1,117, and amendments thereto, or rules and regulations adopted thereunder, may impose a penalty not to exceed $10,000 per violation which shall constitute an economic deterrent to the violation for which it is assessed and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except after an opportunity for hearing upon the written order of the secretary or the director of the division of environment, if designated by the secretary, to the person who committed the violation. The order shall state the violation, the penalty to be imposed and, in the case of an order of the director of the division of environment, the right to appeal to the secretary for a hearing thereon. Any person may appeal an order of the director of the division of environment by making a written request to the secretary for a hearing within 15 days of service of such order. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) Whenever the secretary or the secretary's duly authorized agents find that the soil or waters of the state are not being protected from pollution resulting from underground storage of liquid petroleum gas and hydrocarbons, other than natural gas in underground porosity storage, the secretary or the secretary's duly authorized agents shall issue an order prohibiting such underground storage. Any person aggrieved by such order may request in writing, within 15 days after service of the order, a hearing on the order. Upon receipt of a timely request, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(d) Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 2001, ch. 191, § 11; L. 2010, ch. 17, § 98; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,120 Same; salt solution mining wells; abandonment, legal responsibility for.

55-1,120.
Same; salt solution mining wells; abandonment, legal responsibility for.
(a) For the purposes of this section:
(1) "Person legally responsible" includes, but is not limited to: (A) Any current or former operator of the well, or successor, who has: (i) Knowingly abandoned the well; (ii) caused the pollution or hazard, or threat of pollution or hazard, by intentionally altering or tampering with the well; or (iii) assumed legal responsibility by written agreement or contract; and (B) any current or former owner of the well who is or was in the business of producing salt.
(2) "Salt solution mining well" means a well which has been drilled into subsurface saline or salt bearing deposits for the recovery of either existing brines or brines which are formed by the injection of water to dissolve such deposits.
(3) A salt solution mining well shall be deemed abandoned if no person is legally responsible for causing the pollution or hazard, or threat of pollution or hazard, or if the person legally responsible is dead, is no longer in existence, is adjudicated to be insolvent or cannot be found.
(b) If the secretary finds that the location or construction, or both, of an abandoned salt solution mining well causes or threatens to cause pollution of the land, air or waters of the state or is or threatens to become a hazard to persons, property or public health or safety, the secretary may, in addition to any other remedy provided by law:
(1) After completion of an investigation: (A) Order any person who is legally responsible for causing the pollution or hazard, or threat of pollution or hazard, to take such remedial action as will remove the pollution or hazard, or threat of pollution or hazard, including, but not limited to, plugging such well; or (B) as funds are available, provide for the plugging of the well and order assessment of the costs to the legally responsible person; or
(2) after completion of an investigation and as funds are available, provide for the plugging of the well, if abandoned, in a manner that remediates the pollution or hazard, whether threatened or actual.
History:
L. 2001, ch. 191, § 12; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,121 Same; fee fund.

55-1,121.
Same; fee fund.
(a) There is hereby created in the state treasury the salt solution mining well plugging fund. Such fund shall be administered by the secretary in accordance with the provisions of this section and K.S.A. 55-1,120, and amendments thereto.
(b) All moneys received by the secretary as grants, gifts, bequests or state or federal appropriations for the purposes of K.S.A. 55-1,120, and amendments thereto, shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittence the state treasurer shall deposit the entire amount in the state treasury to the credit of the salt solution mining well plugging fund. The secretary is authorized to receive from the federal government or any of its agencies or from any private or governmental source any funds made available for the purposes of K.S.A. 55-1,120, and amendments thereto.
(c) Moneys in the salt solution mining well plugging fund shall be expended only for the purpose of investigating and plugging wells, identifying responsible parties and otherwise administering the provisions of K.S.A. 55-1,120, and amendments thereto.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the salt solution mining well plugging fund interest earnings based on:
(1) The average daily balance of moneys in the salt solution mining well plugging fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the salt solution mining well plugging fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or a person designated by the secretary for the purposes set forth in this section.
History:
L. 2001, ch. 191, § 13; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,122 Same; representatives of secretary; right of ingress and egress.

55-1,122.
Same; representatives of secretary; right of ingress and egress.
(a) In performing investigations or administrative functions relating to surface and subsurface water pollution, soil pollution and public health or safety, the secretary or the secretary's duly authorized representatives may enter any property or facility which is subject to the provisions of K.S.A. 55-1,117 or 55-1,120, and amendments thereto, for the purpose of observing, monitoring, collecting samples, examining records and facilities to determine compliance or noncompliance with state laws and rules and regulations relating to water pollution, soil pollution or public health or safety.
(b) The representatives of the secretary shall have the right of ingress and egress upon any lands to cleanup pollution, over which the secretary has jurisdiction pursuant to K.S.A. 55-1,117 through 55-1,119, and amendments thereto, or to plug any well as authorized by K.S.A. 55-1,120, and amendments thereto. Such representatives shall have the power to occupy such land if necessary to investigate and cleanup such pollution or to investigate and plug such well. Any representative entering upon any land to conduct such clean-up or well-plugging shall not be liable for any damages necessarily resulting therefrom, except damages to growing crops, livestock or improvements on the land. Upon completion of activities on such land, such representative shall restore the premises to the original contour and condition as nearly as practicable.
History:
L. 2001, ch. 191, § 14; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-202 Same; action to obtain release; damages, costs and attorney's fees; attachment.

55-202.
Same; action to obtain release; damages, costs and attorney's fees; attachment.
Should the owner of such lease neglect or refuse to execute a release as provided by this act, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and the owner may also recover in such action of the lessee, his or her successors or assigns, the sum of one hundred dollars as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he or she may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases.
History:
L. 1909, ch. 179, § 2; April 1; R.S. 1923, 55-202.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-205 Record of lease as notice for definite term; extension upon contingency, affidavit.

55-205.
Record of lease as notice for definite term; extension upon contingency, affidavit.
When an oil, gas or mineral lease is hereafter given on land situated within the state of Kansas, the recording thereof in the office of the register of deeds of the county in which the land is located shall impart notice to the public of the validity and continuance of said lease for the definite term therein expressed, but no longer: Provided, That, if such lease contains the statement of any contingency upon the happening of which the term of any such lease may be extended (such as "and as much longer as oil and gas or either are produced in paying quantities"), the owner of said lease may at any time before the expiration of the definite term of said lease file with the said register of deeds an affidavit setting forth the description of the lease, that the affiant is the owner thereof and the facts showing that the required contingency has happened. This affidavit shall be recorded in full by the register of deeds, and such record together with that of the lease shall be due notice to the public of the existence and continuing validity of said lease, until the same shall be forfeited, canceled, set aside or surrendered according to law.
History:
L. 1915, ch. 228, § 2; May 22; R.S. 1923, 55-205.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-206 Demand for release before bringing action; evidence.

55-206.
Demand for release before bringing action; evidence.
At least twenty days before bringing the action provided for in this act[*], the owner of the leased land, either by himself or herself or by his or her agent or attorney, shall demand of the holder of the lease (if such demand by ordinary diligence can be made in this state) that said lease be released of record. Such demand may be either written or oral. When written, a letter-press or carbon or written copy thereof, when shown to be such, may be used as evidence in any court with the same force and effect as the original.
History:
L. 1909, ch. 179, § 3; April 1; R.S. 1923, 55-206.
* "This act," see 55-201, 55-202, 55-206.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-207 Lien of contractor on gas and oil leasehold or pipeline for labor and material; filing of statement.

55-207.
Lien of contractor on gas and oil leasehold or pipeline for labor and material; filing of statement.
Any person, corporation or copartnership who shall under contract, express or implied, with the owner of any leasehold for oil and gas purposes, or the owner of any gas pipeline or oil pipeline, or with the trustee or agent of such owner, who shall perform labor or furnish material, machinery and oil-well supplies used in the digging, drilling, torpedoing, completing, operating or repairing of any oil or gas well, or who shall furnish any oil-well supplies or perform any labor in constructing or putting together any of the machinery used in drilling, torpedoing, operating, completing or repairing of any gas well, shall have a lien upon the whole of such leasehold, or oil pipeline or gas pipeline, or lease for oil and gas purposes, the building and appurtenances, and upon the material and supplies so furnished, and upon said oil and gas well for which they were furnished, and upon all the other oil wells, fixtures and appliances used in the operating for oil and gas purposes upon the leasehold for which said material and supplies were furnished and labor performed: Provided, The performing of such labor or furnishing such material, machinery and oil or gas well supplies, unless a period of more than four months elapses between the dates of performing such labor or furnishing such material, machinery or oil or gas well supplies, whether such labor or such material, machinery, or oil or gas well supplies shall be upon the same or different wells, shall constitute and be a performing of such labor or the furnishing of such material, machinery or oil or gas well supplies as a single transaction or contract, whether done under a single contract or a series of contracts; and it shall only be necessary for the claimant to file one lien statement of the work done and material furnished covering the transactions as a whole.
Such lien shall be preferred to all other liens, or encumbrances which may attach to or upon such leasehold for gas and oil purposes and upon any oil pipeline, or gas pipeline, or such oil and gas wells and the material and machinery so furnished and the leasehold for oil and gas purposes and the fixtures and appliances thereon subsequent to the commencement of or the furnishing or putting up of any such machinery or supplies.
History:
L. 1909, ch. 159, § 1; R.S. 1923, 55-207; L. 1925, ch. 197, § 1; March 23.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-208 Lien of subcontractor or materialman on gas and oil leasehold or pipeline.

55-208.
Lien of subcontractor or materialman on gas and oil leasehold or pipeline.
Any person, copartnership or corporation who shall furnish such machinery or supplies to a subcontractor under a contractor, or any person who shall perform such labor under a subcontract with a contractor, or who as an artisan or day laborer in the employ of such contractor, and who shall perform any such labor, may obtain a lien upon said leasehold for oil and gas purposes or any gas pipeline or any oil pipeline from the same tank and in the same manner and to the same extent as the original contractor for the amount due him or her for such labor, as provided in K.S.A. 55-207.
History:
L. 1909, ch. 159, § 2; March 31; R.S. 1923, 55-208.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-209 Lien statement for labor or materials; filing and record in district court.

55-209.
Lien statement for labor or materials; filing and record in district court.
(a) Any person claiming a lien, for labor or materials or both, furnished to owners of leaseholds for oil and gas purposes, as may be provided by law, shall file in the office of the clerk of the district court of the county in which the land and leasehold is situated, a statement setting forth the amount claimed and the items thereof, as nearly as practicable, the name of the owner of the land, the name of the owner of the leasehold, the name of the contractor, the name of the claimant and a description of the property subject to the lien, whether personal or real or both, verified by affidavit. If any promissory note bearing a lawful rate of interest shall have been taken for such labor or material, it shall not be necessary to file an itemized statement of labor or material furnished, but it shall be sufficient to file a copy of such note, with a sworn statement that such note or any part thereof, was given for such labor or material furnished such leaseholder or contractor, on such leasehold.
(b) Such statement shall be filed within six months after the date upon which material was last furnished or labor last performed under the contract. Immediately upon the receipt of such statement the clerk of the district court shall enter the lien in the general index the same as liens against real estate.
History: R.S. 1923, 55-209; L. 1967, ch. 300, § 1; L. 1992, ch. 47, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-210 Same; enforcement of liens.

55-210.
Same; enforcement of liens.
All liens for labor and materials furnished to owners of leaseholds for oil and gas purposes, as may be provided by law, shall be enforced in the same manner, and notice of the same shall be given in the same manner (whether by the contractor, subcontractor, the materialman or laborer) as may be provided by law for enforcing liens of mechanics and others against real estate. All other liens and mortgages on leaseholds for oil and gas purposes shall be enforced and foreclosed in the same manner as may be provided by law for enforcing liens and mortgages against real estate. After sale of the property there shall be no redemption, and the sheriff shall make a formal conveyance of all the property so sold to the purchaser, in one deed of conveyance.
History:
R.S. 1923, 55-210; December 27.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-211 Lease of school grounds for drilling for oil and gas.

55-211.
Lease of school grounds for drilling for oil and gas.
The school-district board of any school district in this state is hereby authorized and empowered to lease its grounds, or any part thereof, for drilling for oil and gas, upon such terms as may be agreed upon. Any moneys arising from such lease or the production of oil or gas shall become a part of the funds of such school district: Provided, That no oil or gas wells shall be drilled or located within one hundred (100) feet of any schoolhouse upon any such school ground.
History: L. 1927, ch. 149, § 1; L. 1935, ch. 209, § 1; March 19.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-211a Lease of lands by municipal corporations, board of park commissioners, improvement districts or other public agency or quasi-municipal corporation; disposition of moneys.

55-211a.
Lease of lands by municipal corporations, board of park commissioners, improvement districts or other public agency or quasi-municipal corporation; disposition of moneys.
The governing body of any municipal corporation, board of park commissioners of any municipal corporation, trustees or directors of any cemetery association or improvement district, directors of any cemetery district, township board of any township, or any other public agency or quasi-municipal corporation, owning or having the management and control of any tract of land within the state of Kansas, is hereby authorized and empowered to lease such lands, or any part thereof, for drilling for oil or gas upon such terms as may be agreed upon except that any such lease shall contain provisions for spacing of producing wells in accordance with rules and regulations of the state corporation commission as provided by law and no oil or gas well shall be drilled or located within 100 feet of that portion of any such lands actually used for burial purposes.
Any moneys arising from such lease or the production of oil or gas may be credited to a special reserve or trust fund and invested in the manner prescribed by K.S.A. 12-1675 et seq. and amendments thereto. All interest received from the investment of moneys in special reserve or trust funds and any moneys received from such lease or the production of oil or gas which is not credited to a special reserve or trust fund shall become a part of the general fund of any such municipality, board of park commissioners, association, improvement district, cemetery district, township, public agency, or quasi-municipal corporation.
History:
L. 1949, ch. 307, § 1; L. 1957, ch. 314, § 1; L. 1968, ch. 277, § 1; L. 1984, ch. 202, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-211b Same; validation of prior leases.

55-211b.
Same; validation of prior leases.
All oil and gas leases executed and delivered prior to the effective date of this act by any such governing body, trustees, directors, or township board, in substantial conformity with the provisions of section 55-211a of the General Statutes of 1949, as amended, shall be deemed to be valid, and shall have the same force and effect as though executed and delivered subsequent to the effective date hereof.
History:
L. 1949, ch. 307, § 2; L. 1957, ch. 314, § 2; April 10.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-212 Lien of transporter of oil-field equipment, labor and materials; definitions.

55-212.
Lien of transporter of oil-field equipment, labor and materials; definitions.
As used in this act: (a) The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees and receivers in bankruptcy and reorganization of any group whether or not it is incorporated.
(b) The term "oil-field equipment" means oil-field supplies, oil-field machinery, materials, heavy machinery, buildings, tubing, tanks, boilers, engines, casing, wire lines, sucker rods, oil pipelines, gas pipelines and all other material used in digging, drilling, torpedoing, operating, completing, maintaining or repairing any such oil or gas wells or oil pipelines or gas pipelines, or in the construction or dismantling of refineries, casing-head gasoline plant and carbon black plants.
History:
L. 1941, ch. 281, § 1; L. 1945, ch. 231, § 1; June 28.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-213 Same; extent of lien.

55-213.
Same; extent of lien.
Any person who transports or hauls oil-field equipment under express contract with the owner or operator of any gas or oil lease-hold interest in real property, or the owner or operator of any gas pipeline or oil pipeline or the owner of any oil-field equipment and material, or with the trustee, agent, or receiver of any such owner, shall have a lien upon interest of such owner in the oil-field equipment so transported and hauled. Said lien shall include, in addition to the charge for hauling or transporting, labor performed, or materials used and expended in the transporting, erecting, dismantling, loading and unloading of any oil-field machinery, equipment or supplies hauled or transported and shall be of equal standing with the contractor's lien provided by K.S.A. 55-207.
History:
L. 1941, ch. 281, § 2; L. 1945, ch. 231, § 2; June 28.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-214 Lien of transporter of oil-field equipment; filing of statement; service of notice; removal of equipment to another county.

55-214.
Lien of transporter of oil-field equipment; filing of statement; service of notice; removal of equipment to another county.
Any person entitled to file a lien as provided for in this act, shall within one hundred twenty (120) days after the oil-field equipment was transported and delivered, file a statement in the office of the clerk of the district court of such county where such oil-field equipment was delivered, and at the time of filing such statement the claimant shall serve a copy of said statement upon the owner thereof, or upon the trustee, agent, or receiver of any such owner by mailing a copy of such statement to the said owner or to the trustee, agent, or receiver of such owner by registered mail to his or her or their last known address. That after the filing and service of such notice as heretofore provided, it shall be the duty of any such owner, trustee, agent, or receiver of any such owner to notify in writing any person who has a lien upon any such oil-field equipment and materials before removing the same from the leasehold to which the lien claimant delivered said oil-field equipment and materials. Such statement shall include the amount claimed and the items thereof described as definitely as practicable, the name of the owner, the name of the contractor, the name of the claimant and a full description of the property subject to the lien, verified by affidavit.
In the event such oil-field equipment or any part thereof has been removed from the county in which it was originally delivered into another county within the state, any person entitled to file a lien as provided for in this act, may within thirty (30) days after that person has received notice that such oil-field equipment or any part thereof has been removed from the county in which it was originally delivered, file in the office of the clerk of the district court of such county, a copy of the lien which has heretofore been filed in the county in which such property was originally transported and delivered. The lien provided for hereunder shall not be prior to any valid and existing perfected security interest.
History:
L. 1941, ch. 281, § 3; L. 1945, ch. 231, § 3; L. 1953, ch. 267, § 1; L. 1965, ch. 564, § 403; January 1, 1966.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-215 Same; time for actions.

55-215.
Same; time for actions.
The holder of such lien shall within six months institute an action to foreclose and enforce the lien in the manner now provided by law, or shall within six months institute an action in attachment or replevin, setting forth the lienholder's interest and right to possession thereto, in a court of competent jurisdiction in the county where such oil-field equipment has been delivered, or in any county where it can be located.
History:
L. 1941, ch. 281, § 4; June 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-216 Certain leases unrecorded prior to January 1, 1952, void.

55-216.
Certain leases unrecorded prior to January 1, 1952, void.
Any oil and gas lease executed prior to January 1, 1925, and which shall not be recorded prior to January 1, 1952, in the office of the register of deeds in the county where such land so leased is located, shall be void.
History:
L. 1951, ch. 330, § 1; June 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-217 Same; certain assignments executed prior to January 1, 1925, not to be recorded.

55-217.
Same; certain assignments executed prior to January 1, 1925, not to be recorded.
On and after January 1, 1952, no assignment of an oil and gas lease or of any interest in any oil and gas lease executed prior to January 1, 1925, shall be recorded by any register of deeds unless the original oil and gas lease which is being assigned, or the original oil and gas lease, any interest of which is being assigned, has been recorded in the office of the register of deeds in the county where the land so leased is located.
History:
L. 1951, ch. 330, § 2; June 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-218 Same; expunging certain purported assignments from records.

55-218.
Same; expunging certain purported assignments from records.
If any court of competent jurisdiction shall adjudge that any oil and gas lease executed prior to January 1, 1925, is void and there are of record in the office of the register of deeds of the county where the land so purportedly leased is located, assignments of such oil and gas lease or any interest in such lease, then the court may, in a proper action brought for that purpose, order and require said register of deeds to expunge from the records in his or her office all purported assignments of such void oil and gas lease.
History:
L. 1951, ch. 330, § 3; June 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-219 Receiver for minority mineral interest in action where location of defendant-owner unknown.

55-219.
Receiver for minority mineral interest in action where location of defendant-owner unknown.
In an action filed by any person, firm or corporation owning an interest in the minerals in any tract or tracts of land in the state of Kansas or owning an oil and gas lease on such an interest wherein it is made to appear that the defendant or defendants in such action own or appear to own in the aggregate a minority interest in said minerals thereunder but that the residence, business address or whereabouts of one (1) or more of the defendants cannot be ascertained, the district court of the county wherein such tract or tracts of land are situated shall have the power to appoint a receiver over the mineral interest of such defendants whose residence, business address, or whereabouts are unknown, upon compliance with the procedure set forth in K.S.A. 55-220.
History:
L. 1973, ch. 218, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-221 Duties of receiver for minority mineral interest; duties of court.

55-221.
Duties of receiver for minority mineral interest; duties of court.
Such receiver shall proceed immediately to enter into negotiations with prospective purchasers and shall sell an oil and gas lease on the interest of the defendant or defendants, such lease to be for a primary term of not to exceed five years from date and as long thereafter as oil and gas, or either of them, is produced in paying quantities from the land by the lessee. The lease shall not be sold for less than the minimum bonus, rentals and royalties specified in the order of the court. All bonuses, rentals or other monies paid to the receiver for the execution or extension of the oil and gas lease shall be by the receiver deposited with the court for the use and benefit of the defendants. Upon production being obtained or the expiration of the lease, the court shall immediately discharge such receiver. The court shall hold and distribute the monies received in the same manner as property received by a court as proceeds of a class action as specified in subsection (a)(9) of K.S.A. 58-3935, and amendments thereto. Any and all future production payments or other benefits paid under such oil and gas lease shall be retained in suspense by the oil and gas purchasing company and held until further orders of the court or until required to be distributed pursuant to the uniform unclaimed property act, K.S.A. 58-3934 et seq., and amendments thereto. The cost of the receiver and the court cost shall be affixed by the court and shall be paid by the plaintiff.
History:
L. 1973, ch. 218, § 3; L. 2008, ch. 53, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-222 Severability.

55-222.
Severability.
The provisions of this act are hereby declared to be severable and if any part or provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
History:
L. 1973, ch. 218, § 4; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-223 Implied covenant to explore and develop minerals established; burden upon lessee.

55-223.
Implied covenant to explore and develop minerals established; burden upon lessee.
As a matter of Kansas public policy, all oil and gas leases and subleases for the exploration, development and production of oil, gas or other minerals, or any combination thereof, which are held by production shall be presumed to contain, in addition to any expressed covenants therein, an implied covenant to reasonably explore and to develop the minerals which are the subject of such lease. Such implied covenant shall be a burden upon the lessee and any successor in interest.
History:
L. 1983, ch. 181, § 1; April 14.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-224 Same; presumption of breach of covenant, when.

55-224.
Same; presumption of breach of covenant, when.
In any action in which relief is sought based upon breach or violation by a lessee of an implied or expressed covenant of reasonable exploration or of reasonable development of lands covered by an oil, gas or oil and gas lease held by production, if the party who seeks such relief produces competent evidence that: (a) At the time such action is commenced there is no mineral production pursuant to such lease from a subsurface part or parts of the land covered thereby with respect to which such relief is sought and (b) initial oil, gas or other mineral production on the lease commenced at least 15 years prior to the commencement of such action, a presumption shall arise that the lessee has breached and violated such covenant insofar as it relates to such subsurface part or parts of land.
History:
L. 1983, ch. 181, § 2; April 14.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-225 Same; presumption overcome by proof of compliance.

55-225.
Same; presumption overcome by proof of compliance.
The presumption established by K.S.A. 55-223 may be overcome by the lessee proving by a preponderance of all relevant evidence that the lessee has fully complied with such covenant.
History:
L. 1983, ch. 181, § 3; April 14.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-226 Same; remedies for breach; authority of court.

55-226.
Same; remedies for breach; authority of court.
If the court determines that the lessee has failed to comply with such covenant, the court may grant the lessee a reasonable time in which to comply, or the court may issue an order terminating the lessee's right to such subsurface part or parts as are the subject of such action. The court may enter such other orders as the interests of the parties and equity may require.
History:
L. 1983, ch. 181, § 4; April 14.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-227 Same; action for breach not permissible, when.

55-227.
Same; action for breach not permissible, when.
Nothing in this act shall apply to the depth interval from the surface of the land to the base of the deepest producing formation as of the date of such action.
History:
L. 1983, ch. 181, § 5; April 14.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-228 Same; waiver of presumption prohibited.

55-228.
Same; waiver of presumption prohibited.
As created by this act, it shall be against Kansas public policy to provide for a waiver of the presumption, established by K.S.A. 55-223, in any lease or sublease for the exploration, development or production of oil, gas or other mineral, or any combination thereof.
History:
L. 1983, ch. 181, § 6; April 14.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 2 - Leases And Liens › 55-229 Same; substantive rights and remedies saved; presumption cumulative.

55-229.
Same; substantive rights and remedies saved; presumption cumulative.
This act shall not alter or affect substantive rights or remedies under any such mineral leases under the common law or statutes of the state of Kansas. The evidentiary presumption afforded by this act shall be cumulative and in addition to all other substantive rights and remedies in existence under the common law and statutes of this state on the effective date of this act.
History:
L. 1983, ch. 181, § 7; April 14.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-422 Petroleum products inspection law; definitions.

55-422.
Petroleum products inspection law; definitions.
K.S.A. 55-422 et seq., and amendments thereto, may be cited as the petroleum products inspection law. As used in the petroleum products inspection law:
(a) "Director" means the director of taxation of the Kansas department of revenue, or the director's duly authorized deputy, agent, or representative.
(b) "Secretary" means the secretary of agriculture or the secretary's authorized representative.
(c) "Person" means an individual, firm, association, organization, partnership, business trust, joint stock company, company, corporation, or other legal entity.
(d) "Motor fuel" means any refined or blended motor fuel products, including gasoline, diesel fuel, aviation fuel, oxygenated fuel, or any other fuel used for generation of power in an internal combustion engine as specified by the secretary by rules and regulations adopted under the petroleum products inspection law.
(e) "Petroleum product" includes gasoline, kerosene, motor-fuels and such other products as defined by rules and regulations adopted pursuant to the petroleum products inspection law.
(f) The terms "manufacturer," "distributor" and "importer" shall have the meanings ascribed to them in the motor-fuel tax law.
(g) "Dispensing device" means a motor-vehicle fuel or liquid fuel dispensing pump, meter or other similar measuring device and shall include any device which dispenses refined or blended gasoline or diesel fuel product. This definition shall not include liquefied petroleum meters.
History:
L. 1935, ch. 210, § 1; L. 1941, ch. 278, § 1; L. 1989, ch. 163, § 1; L. 1993, ch. 58, § 1; L. 1996, ch. 105, § 3; L. 2007, ch. 180, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-423 Standards for petroleum products established by the secretary.

55-423.
Standards for petroleum products established by the secretary.
No person shall sell, offer for sale, have in such person's possession, use or deliver any petroleum products for consumption or use for illuminating, heating or power purposes in this state until the same meets the standards or characteristics for those products as established pursuant to rules and regulations adopted by the secretary.
History:
L. 1935, ch. 210, § 2; L. 1955, ch. 265, § 1; L. 1989, ch. 163, § 2; L. 1993, ch. 58, § 2; L. 1996, ch. 105, § 4; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-424 Duties of secretary; entry upon premises; samples collected; stop-sale order.

55-424.
Duties of secretary; entry upon premises; samples collected; stop-sale order.
(a) The secretary may examine and test the quality of such petroleum products sold, offered for sale, used or delivered by any manufacturer, importer, or distributor in this state.
(b) The secretary shall have access during business hours to enter all places where petroleum products are manufactured, stored, sold or offered for sale or resale for the purpose of examination, inspection, sampling or investigation of such petroleum products. Neither the secretary nor any authorized representative of the secretary shall be required to obtain a search warrant in order to perform any duty imposed by this section.
(c) The secretary may collect or cause to be collected any samples of petroleum products and test or cause such samples to be tested or analyzed for compliance with the provisions of this act or any rules and regulations adopted thereunder.
(d) Whenever the secretary finds any violation of this act or any rule and regulation adopted under this act has occurred, the secretary may issue a stop-sale order, removal order or any combination of such orders with respect to any petroleum product being manufactured, held, offered, or exposed for sale, sold or delivered if the secretary deems it necessary for the protection of the public.
(e) No person may sell, use, remove, otherwise dispose of, or fail to remove from the premises any petroleum product contrary to the terms of any order issued pursuant to this section.
History:
L. 1935, ch. 210, § 3; L. 1941, ch. 278, § 2; L. 1989, ch. 163, § 3; L. 1993, ch. 58, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-425 Standards for tests; test methods and equipment.

55-425.
Standards for tests; test methods and equipment.
(a) Whenever possible, in making any test pursuant to this act, the secretary shall use methods and equipment similar to those methods and equipment adopted by the American society for testing materials. Such methods of testing shall be prescribed by rules and regulations. Methods of testing in existence prior to the effective date of the act shall continue until changed by rules and regulations adopted pursuant to the provisions of this act.
(b) The secretary is hereby authorized to enter into contracts for the testing of petroleum products pursuant to the provisions of this act.
(c) The secretary is authorized to adopt, by rules and regulations, any additional methods of testing petroleum products and standards setting forth specifications, tolerances and other technical requirements for the equipment used in performing such tests. In establishing rules and regulations pursuant to this subsection, the secretary shall conform to the standards of the American society for testing materials whenever possible. Specifications, tolerances and other technical requirements for the testing equipment in existence prior to the effective date of the act shall continue until changed by rules and regulations adopted pursuant to the provisions of this act.
History:
L. 1935, ch. 210, § 4; L. 1953, ch. 268, § 1; L. 1955, ch. 265, § 2; L. 1989, ch. 163, § 4; L. 1993, ch. 58, § 4; July 1.