landowner — remedies.
1.Whenanyoil,gas,ormetallicmineralleasegivenonlandsituatedinIowaandrecorded,
becomes forfeited by failure of the lessee to comply with its provisions or the Iowa law, the
lessee shall, within sixty days after date of forfeiture of the lease, have the lease surrendered
in writing, duly acknowledged, and placed on record in the county where the leased land
is situated. If the lessee fails to execute and record a release of the recorded lease within
the time provided for, the owner of the land may execute an affidavit of noncompliance in
substantially the following form:
11 OIL, GAS, AND OTHER MINERALS, §458A.22
AFFIDAVIT OF NONCOMPLIANCE
State of Iowa )
Countyof........................ ) ss.
............................, being first duly sworn, upon oath deposes
and sa
Free access — add to your briefcase to read the full text and ask questions with AI
landowner — remedies.
1. Whenanyoil,gas,ormetallicmineralleasegivenonlandsituatedinIowaandrecorded,
becomes forfeited by failure of the lessee to comply with its provisions or the Iowa law, the
lessee shall, within sixty days after date of forfeiture of the lease, have the lease surrendered
in writing, duly acknowledged, and placed on record in the county where the leased land
is situated. If the lessee fails to execute and record a release of the recorded lease within
the time provided for, the owner of the land may execute an affidavit of noncompliance in
substantially the following form:
11 OIL, GAS, AND OTHER MINERALS, §458A.22
AFFIDAVIT OF NONCOMPLIANCE
State of Iowa )
Countyof........................ ) ss.
............................, being first duly sworn, upon oath deposes
and says that the deponent is ........................ as referred to in an
(oil and gas) (metallic mineral) mining lease dated the ............
day of ........................ (month), ................ (year), which lease
is recorded in Volume ............, Page ............, or as Instrument
# ............ of the County Records of ........................ County,
...................., and which lease covers the following described
lands: .................................................................................................
.........................................................................................................
And further, deponent says that on the ............ day of
........................ (month), ................ (year), under the terms of said
lease, there should have been paid to the deponent or deposited
to the deponent’s credit in the ................................ Bank of
................................ the sum of ................ Dollars ($................),
the payment of which was necessary in order to keep the above
described lease in force and effect. Deponent hereby swears
the above payment has never been made to the deponent or the
deponent’s representatives, in money or otherwise, nor has same
been deposited to the deponent’s credit in the above bank.
And further, deponent says that there has been no drilling or
development of any nature or kind whatsoever done on the land
covered by the lease referred to herein, as called for under the
terms of said lease.
............................................
............................................
Subscribed and sworn to before me, a Notary Public for the State
of Iowa, this ................ day of ........................ (month), ............
(year)
............................................
Notary Public
My commission expires ........................................
AFFIDAVIT OF THE BANKER
State of ........................ )
Countyof........................ ) ss.
I,........................,(Cashier)(President)ofthe........................ Bank
of ........................, being first duly sworn, upon my oath declare that
there has not been deposited to the credit of ........................ in the
........................ Bank of ........................, by ........................ or any
other party, any sum of money whatsoever, in payment of rental
under the terms of the (oil and gas) (metallic mineral) mining lease
referred to in this affidavit.
Witness my hand this ............ day of ........................ (month),
................ (year)
............................................
(Cashier) (President) of ........................ Bank
Subscribed and sworn to before me, a Notary Public for the State
of Iowa on the ................ day of ........................ (month), ............
(year)
............................................
Notary Public
My commission expires ........................................
2. The owner of the land shall retain the original affidavit and shall mail a copy of the
§458A.22, OIL, GAS, AND OTHER MINERALS 12
affidavit by restricted certified mail, as defined in section 618.15, to the lessee. If the lessee,
within thirty days after receipt of the affidavit, gives notice in writing, by restricted certified
mail, to the owner of the land that the lease has not been forfeited and that the lessee still
claims that the lease is in full force and effect, then the owner of the land shall be entitled to
the remedies provided by this chapter for the cancellation of such disputed lease.
3. If the lessee does not notify the owner of the land as provided in subsection 2, then the
owner shall file the original affidavit for recording with the county recorder, and thereafter
the record of the lease shall not be notice to the public of the existence of the lease or of any
interest therein or rights thereunder, and the record shall not be received in evidence in any
court of the state on behalf of the lessee against the lessor, and the lease shall stand forfeited.