2023 New York Laws › RPP - Real Property › Article 9 - Recording Instruments Affecting Real Property › 329-A - Lapse of Oil and Gas Interest Within Allegany State Park.

§ 329-a. Lapse of oil and gas interest within Allegany state park. The
provisions  of  this  section  shall apply to oil and gas interests that
were previously severed from interests in lands that are currently owned
by the state within Allegany state park.
1. Any interest in oil and gas shall, if unused for a period of twenty
years immediately prior to  the  effective  date  of  this  section,  be
extinguished,  and  the  ownership  thereof  shall  revert to the state,
unless a statement  of  claim  is  filed  within  two  years  after  the
effective  date  of this section, in accordance with subdivision five of
this section.
2. Such oil and gas interest shall mean the interest which is  created
by   an   instrument  transferring,  either  by  grant,  assignment,  or
reservation or otherwise, an interest  of  any  kind,  in  oil  and  gas
located  on  or  beneath  lands owned by the state within Allegany state
park; provided, however, that such interest shall not  include  a  lease
for a fixed term.
3.  Such oil and gas interest shall be deemed to be used when: (a) oil
and gas is produced; (b) operations are being conducted  for  injection,
withdrawal, storage or disposal of water, gas or other fluid substances;
(c)  rentals  or  royalties  are being paid by the owner thereof for the
purpose of delaying or enjoying the use or exercise of such rights;  (d)
any  such  use is being carried out on any tract with which such oil and
gas interest is being unitized or pooled for production purposes; or (e)
taxes are paid on such oil and gas interest by the  owner  thereof.  Any
use  pursuant  to  or authorized by the instrument creating such oil and
gas interest shall be effective to continue in force all rights  granted
by such instrument.
4.  Within  thirty  days after the effective date of this section, the
office of parks, recreation and historic preservation shall cause to  be
published  in  three  successive  issues  of three newspapers of general
circulation published in the county of Cattaraugus, a notice  announcing
the  enactment  of  the  provisions of this section, including a summary
thereof in plain English.
5. The statement of claim provided in subdivision one of this  section
shall  be  filed  by  the  owner of such oil and gas interest within two
years immediately following the effective date of this section and shall
contain the  name  and  address  of  the  owner  of  such  interest  and
description  of  the land on or under which such oil and gas interest is
located. Such statement of claim shall be accompanied by a copy  of  the
instrument creating or reserving such interest and shall be filed in the
office of the clerk of the county of Cattaraugus. Where such an interest
is co-owned by more than one party, any one owner may file the statement
of claim on behalf of all owners.
6.  Failure  to  file a statement of claim within the time provided in
subdivision five of this section shall not cause an oil and gas interest
to be extinguished if the owner of such oil and gas interest:
(a) made diligent effort to preserve all of such interests as were not
being used, and did within the period provided in  subdivision  five  of
this  section  preserve  other oil and gas interests, in said county, by
the filing of statements of claim as required by this section; and
(b) failed to preserve such interest through inadvertence; and
(c) filed the statement of claim required by this section within sixty
days after publication of notice as provided  in  subdivision  seven  of
this section or, if no such notice is published, within sixty days after
receiving  actual  knowledge  that  such  oil  and gas interest had been
extinguished.
7. At any time following the expiration  of  the  period  provided  in
subdivision  five  of  this section, the office of parks, recreation and

historic preservation may give notice of the lapse of any such  oil  and
gas   interest  by  publishing  the  same  in  a  newspaper  of  general
circulation in the county of Cattaraugus, and, if the  address  of  such
oil  and gas interest owner is shown of record or can be determined upon
reasonable inquiry, by mailing within ten days after such publication  a
copy  of  such  notice  to  the  owner of such oil and gas interest. The
notice shall state the name of the owner of such oil and gas interest as
shown of record and a description of the land. If a copy of such notice,
together with an affidavit of service thereof, shall be  promptly  filed
in  the  office of the clerk in the county wherein such land is located,
the  record  thereof  shall  be  prima  facie  evidence  in  any   legal
proceedings that such notice was given.
8.  Upon  the  filing  of  the  statement  of  claim  provided  for in
subdivision five of this section or the proof of service  of  notice  as
provided  in subdivision seven of this section in the clerk's office for
the county of Cattaraugus, the clerk shall record the same in a book  to
be  kept  for that purpose, which shall be known as the "dormant oil and
gas interest record," and shall indicate by  marginal  notation  on  the
instrument  creating the original oil and gas interest the filing of the
statement of claim or affidavit of publication and service of notice.
9. The filing of the statement of claim provided in this section shall
not be evidence of title to or ownership of the interest claimed therein
for any purpose other than that provided in this section.