N.Y. Real Property Law Section 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.

Source: Section 329-A — Lapse of oil and gas interest within Allegany state park, https://www.­nysenate.­gov/legislation/laws/RPP/329-A (updated Sep. 22, 2014; accessed Apr. 20, 2024).

290
Definitions
291
Recording of conveyances
291‑A
Recording conveyances of land in towns in Chautauqua county
291‑B
Recording conveyances of land in towns in Cattaraugus county
291‑C
Recording memoranda of leases
291‑CC
Recording modifications of leases
291‑D
Recording of master forms of mortgage covenants and clauses
291‑E
Exceptions, reservations and recitals referring to unrecorded conveyances and contracts for sale of real property
291‑F
Rights where recorded mortgage restricts landlord’s action in respect to leases
291‑G
Recording insurance information
291‑H
Recording of liens by the state
291‑I
Validity of electronic recording
291‑J
Recording of declarations by the New York state energy research and development authority
292
By whom conveyance must be acknowledged or proved
292‑A
Conveyances by certain corporations executed and acknowledged by attorneys in fact entitled to recordation
293
Recording of conveyances heretofore acknowledged or proved
294
Recording executory contracts and powers of attorney
294‑A
Recording assignments of rent
294‑B
Recording brokers affidavit of entitlement to commission for completed brokerage services
295
Recording of letters patent
296
Recording copies of instruments which are in secretary of state’s office
297
Certified copies may be recorded
297‑A
Recording of certified copies of bankruptcy papers
297‑B
Recording of certified copies of judgments affecting real property
298
Acknowledgments and proofs within the state
299
Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof
299‑A
Acknowledgment to conform to law of New York or of place where taken
300
Acknowledgments and proofs by persons in or with the armed forces of the United States
301
Acknowledgments and proofs in foreign countries
301‑A
Acknowledgment to conform to law of New York or of foreign country
302
Acknowledgments and proofs by married women
303
Requisites of acknowledgments
304
Proof by subscribing witness
305
Compelling witnesses to testify
306
Certificate of acknowledgment or proof
307
When certificate to state time and place
308
When certificate must be under seal
309
Acknowledgment by corporation and form of certificate
309‑A
Uniform forms of certificates of acknowledgment or proof within this state
309‑B
Uniform forms of certificates of acknowledgement or proof without this state
310
Authentication of acknowledgments and proofs made within the state
311
Authentication of acknowledgments and proofs made without the state
312
Contents of certificate of authentication
313
Notary public
313‑A
Deputies
314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead
314‑A
Proof when witnesses are dead
315
Recording books
316
Indexes
316‑A
Indexing and reindexing conveyances, mortgages and other instruments
316‑B
Inactive hazardous waste disposal site registry index
317
Order of recording
318
Certificate to be recorded
319
Time of recording
320
Certain deeds deemed mortgages
321
Recording discharge of mortgage
321‑A
Recording discharge of rent assignment
324
Effect of recording assignment of mortgage
325
Recording of conveyances made by treasurer of Connecticut
326
Revocation to be recorded
327
Penalty for using long forms of covenants
328
Certain acts not affected
329
Actions to have certain instruments canceled of record
329‑A
Lapse of oil and gas interest within Allegany state park
330
Officers guilty of malfeasance liable for damages
331
Laws and decrees of foreign countries appointing agents and attorneys and recording of the same
332
The record of certain conveyances validated
332‑A
Validation of the record, execution and proof or acknowledgment of certain other instruments
332‑B
The record of certain other conveyances validated
333
When conveyances of real property not to be recorded
333‑A
Same
333‑B
Recording of maps or plot plans
333‑C
Lands in agricultural districts
334
Maps to be filed
334‑A
Filing of subdivision maps in Nassau county
335
Filing of maps and abandonment of subdivisions in Suffolk county
335‑A
Easements of necessity
335‑B
Recording of solar energy easements
336
Effect of recording demands or requirements of noncitizen property custodian

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 329-A’s source at nysenate​.gov

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