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Assembly Bill A8299

2011-2012 Legislative Session

Relates to signatures required on oil, gas or mineral leases

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Archive: Last Bill Status - In Assembly Committee

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2011-A8299 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-333, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A722
2015-2016: A767
2017-2018: A4062

2011-A8299 (ACTIVE) - Summary

Provides that any oil, gas or mineral land lease given on land owned by tenants in common, joint tenants or tenants by the entirety shall be signed by each such tenant owning an interest in the subject land as of the date the lease is to be signed; any lease which contains less than every signature of such tenants shall be void and unenforceable.

2011-A8299 (ACTIVE) - Bill Text download pdf 

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

                                  8299

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2011
                               ___________

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

AN ACT to amend the general obligations law, in relation  to  signatures
  required on oil, gas or mineral leases

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

  Section 1.  Subdivision 5 of section 5-333 of the general  obligations
law  is  renumbered  subdivision 5-a and a new subdivision 5 is added to
read as follows:
  5. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
ANY  OIL,  GAS  OR  MINERAL  LEASE CONCERNING OIL, GAS OR MINERAL RIGHTS
OWNED BY TENANTS IN COMMON, JOINT TENANTS OR  TENANTS  BY  THE  ENTIRETY
SHALL  BE  SIGNED  BY EACH SUCH TENANT OWNING AN INTEREST IN THE SUBJECT
LAND OR RIGHTS AS OF THE DATE THE  LEASE  IS  SIGNED.  ANY  LEASE  WHICH
CONTAINS LESS THAN EVERY SIGNATURE OF ALL SUCH TENANTS SHALL BE VOID AND
UNENFORCEABLE  IN  ITS  ENTIRETY  AS TO ANY SURFACE RIGHTS, AND VOID AND
UNENFORCEABLE AS TO ANY SUB-SURFACE INTEREST OF ANY  CO-TENANT  WHO  HAS
NOT  SIGNED  A  LEASE.  NO  RATIFICATION OF ANY LEASE SHALL BE EFFECTIVE
UNLESS IT CONTAINS THE NOTICE OF CANCELLATION PROVISIONS  SET  FORTH  IN
SUBDIVISION 5-A OF THIS SECTION.
  S 2. Subdivision 6 of section 5-333 of the general obligations law, as
added by chapter 386 of the laws of 2005, is amended to read as follows:
  6.  The  provisions  of  subdivisions one, two, three and four of this
section shall apply to leases entered into on or  after  January  first,
nineteen hundred eighty-five [and], the provisions of subdivision [five]
FIVE-A  of  this  section shall apply to leases entered into on or after
January first, two thousand six AND THE PROVISIONS OF  SUBDIVISION  FIVE
OF  THIS  SECTION  SHALL  APPLY  TO  LEASES ENTERED INTO ON OR AFTER THE
EFFECTIVE DATE OF SUBDIVISION FIVE OF THIS SECTION.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11697-02-1

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