Do you support this bill?

Assembly Bill A9070B

2009-2010 Legislative Session

Provides for the lapse of oil and gas interests located within Allegany state park if unused for 20 years prior to effective date of act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

2009-A9070 - Details

See Senate Version of this Bill:
S7170
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §329-a, RP L
Versions Introduced in 2011-2012 Legislative Session:
A408, S2779

2009-A9070 - Summary

Provides for the lapse of oil and gas and interests located within Allegany state park if unused for 20 years prior to effective date of act unless a statement of claim is filed by the owner prior to the end of the 20 year period or within 2 years of the effective date of the act, whichever is later; provides upon such lapse ownership shall revert to New York state; procedures and definitions.

2009-A9070 - Sponsor Memo

2009-A9070 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9070

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              July 10, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the real property law, in relation to lapse of  oil  and
  gas interests in Allegany state park

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding  a  new  section
329-a to read as follows:
  S 329-A. LAPSE OF OIL AND GAS INTEREST 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 EXTIN-
GUISHED, UNLESS A STATEMENT OF CLAIM IS FILED IN ACCORDANCE WITH  SUBDI-
VISION  FOUR  OF  THIS  SECTION,  AND  THE OWNERSHIP SHALL REVERT TO THE
OWNERSHIP OF THE STATE OF NEW YORK.
  2. SUCH OIL AND GAS INTEREST SHALL BE TAKEN TO 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 WITHIN ALLEGANY STATE PARK.
  3. SUCH OIL AND GAS INTEREST SHALL BE DEEMED TO BE USED WHEN  OIL  AND
GAS  PRODUCED  THEREUNDER OR WHEN OPERATIONS ARE BEING CONDUCTED THEREON
FOR INJECTION, WITHDRAWAL, STORAGE OR DISPOSAL OF WATER,  GAS  OR  OTHER
FLUID  SUBSTANCES,  OR  WHEN  RENTALS OR ROYALTIES ARE BEING PAID BY THE
OWNER THEREOF FOR THE PURPOSE OF DELAYING OR ENJOYING THE USE  OR  EXER-
CISE  OF  SUCH  RIGHTS  OR WHEN 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  WHEN  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. THE STATEMENT OF CLAIM PROVIDED IN SUBDIVISION ONE OF THIS  SECTION
SHALL  BE  FILED  BY THE OWNER OF SUCH OIL AND GAS INTEREST PRIOR TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14509-01-9
              

co-Sponsors

2009-A9070A - Details

See Senate Version of this Bill:
S7170
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §329-a, RP L
Versions Introduced in 2011-2012 Legislative Session:
A408, S2779

2009-A9070A - Summary

Provides for the lapse of oil and gas and interests located within Allegany state park if unused for 20 years prior to effective date of act unless a statement of claim is filed by the owner prior to the end of the 20 year period or within 2 years of the effective date of the act, whichever is later; provides upon such lapse ownership shall revert to New York state; procedures and definitions.

2009-A9070A - Sponsor Memo

2009-A9070A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9070--A
                                                        Cal. No. 725

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              July 10, 2009
                               ___________

Introduced  by  M.  of  A. HOYT, COLTON -- read once and referred to the
  Committee on Judiciary -- passed by  Assembly  and  delivered  to  the
  Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the real property law, in relation to lapse of  oil  and
  gas interests in Allegany state park

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative declaration. The legislature finds and declares
that there exists within Allegany state park a unique situation  whereby
rights  to  oil and gas resources beneath the surface were severed at or
prior to the time of acquisition of lands of the park by  the  state  of
New York, and that currently such rights may remain in private ownership
under significant areas of the park. Many of these rights are of ancient
origin  and uncertain ownership and have never been exercised since such
acquisition, yet they complicate the state's  ownership  rights  in  the
park, and create the potential for future interference with the public's
right  to  full  enjoyment  of the park's unique and substantial natural
beauty and resources. The legislature  finds  that  where  oil  and  gas
rights  have not been used for twenty years, they may properly be viewed
as dormant, and it is reasonable and appropriate to  lapse  such  rights
unless  their  owners  assert  their  claims to them within a reasonable
period of two years. The provisions of this act provide ample notice  to
the  unknown  owners  of  the potential lapse of their rights as well as
ample opportunity to  assert  their  claims.  Thus,  this  act  provides
reasonable  protection  of  such  rights  while furthering the important
public policy of promoting the public's use and enjoyment  of  parklands
free from potential interference by dormant subsurface rights.
  S 2. The real property law is amended by adding a new section 329-a to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14509-02-0
              

co-Sponsors

2009-A9070B (ACTIVE) - Details

See Senate Version of this Bill:
S7170
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §329-a, RP L
Versions Introduced in 2011-2012 Legislative Session:
A408, S2779

2009-A9070B (ACTIVE) - Summary

Provides for the lapse of oil and gas and interests located within Allegany state park if unused for 20 years prior to effective date of act unless a statement of claim is filed by the owner prior to the end of the 20 year period or within 2 years of the effective date of the act, whichever is later; provides upon such lapse ownership shall revert to New York state; procedures and definitions.

2009-A9070B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9070--B
                                                        Cal. No. 725

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              July 10, 2009
                               ___________

Introduced  by  M.  of  A.  HOYT,  COLTON,  ENGLEBRIGHT -- read once and
  referred to the Committee on  Judiciary  --  passed  by  Assembly  and
  delivered  to the Senate, recalled from the Senate, vote reconsidered,
  bill amended, ordered reprinted, retaining its place on the  order  of
  third  reading  --  passed  by  Assembly  and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
  reprinted, retaining its place on the order of third reading

AN  ACT  to amend the real property law, in relation to lapse of oil and
  gas interests in Allegany state park

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative declaration. The legislature finds and declares
that  there exists within Allegany state park a unique situation whereby
rights to oil and gas resources beneath the surface were severed  at  or
prior  to  the  time of acquisition of lands of the park by the state of
New York, and that currently such rights may remain in private ownership
under significant areas of the park. Many of these rights are of ancient
origin and uncertain ownership and have never been exercised since  such
acquisition,  yet  they  complicate  the state's ownership rights in the
park, and create the potential for future interference with the public's
right to full enjoyment of the park's  unique  and  substantial  natural
beauty  and  resources.  The  legislature  finds  that where oil and gas
rights have not been used for twenty years, they may properly be  viewed
as  dormant,  and  it is reasonable and appropriate to lapse such rights
unless their owners assert their claims  to  them  within  a  reasonable
period  of two years. The provisions of this act provide ample notice to
the unknown owners of the potential lapse of their  rights  as  well  as
ample  opportunity  to  assert  their  claims.  Thus,  this act provides
reasonable protection of such  rights  while  furthering  the  important
public  policy  of promoting the public's use and enjoyment of parklands
free from potential interference by dormant subsurface rights.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.