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