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This entry was published on 2014-09-22
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SECTION 15-304
Forfeiture and cancellation of oil, gas or mineral land leases
General Obligations (GOB) CHAPTER 24-A, ARTICLE 15, TITLE 3
§ 15-304. Forfeiture and cancellation of oil, gas or mineral land
leases. 1. When any oil, gas or mineral land lease given on land
situated in any county of New York state and recorded therein becomes
forfeited, terminates or expires by its own terms, the lessee, or where
the lessee has assigned its interest, the assignee, within thirty days
after the date of the forfeiture, termination or expiration, shall
provide to the current owner of the land which is subject to the lease,
without cost to such owner, a document in recordable form cancelling the
lease as of record in the county where the leased land is situated.

2. If any lessee, or its assignee fails to cancel a lease, as provided
for in subdivision one of this section, the current owner of the land
which is subject to the lease may:

(a) serve notice upon the lessee, and if actual or record notice of
their identity exists, to its assignee, that such lease be cancelled as
of record, and stating that if such release is not executed within
thirty days of the service of such notice, the lease will be terminated
and no longer of any effect. Such notice shall also state;

(i) the names and addresses of the lessor and lessee if contained in
the lease;

(ii) the name and address of the person giving notice and a statement
as to his interest;

(iii) the state, county and city or town where the leased premises is
located along with the location and a general description of the
property as contained in the lease;

(iv) if located in a unit, the name or description of the unit if

(v) if there is a well on the leased land, the name or number of the
well if known;

(vi) the date of the execution of the lease; and

(vii) the date of termination of the lease and the basis of such

(b) service of such notice demanding a release shall be effected
either personally, by certified mail to the lessee's, and where the
lease has been assigned, the assignee's, last known business address,
or, if service cannot be made with due diligence by the prior two
methods, by publication once a week for three weeks in a newspaper of
general circulation in the county where the leased land is situated;

(c) If the lessee or its assignee claims that the lease is still in
full force and effect, either of these parties shall, within thirty days
of the service of such notice of demand to cancel the lease, file an
affidavit with the recording offices of the county wherein the land is
situated. Such affidavit shall state that the lease is in full force and
effect and a copy of such affidavit shall be delivered to the person
serving the demand within ten days of the filing of the affidavit;

(d) If such affidavit is not filed within the required time, the
current landowner may file a copy of the original notice to the lessee
or assignee and an affidavit of service thereof with the recording
officer of the county in which the leased land is situated, and by such
filing the lease shall be cancelled and of no further effect.

4. For purposes of this section, the term "mineral" shall not include
salt, as defined by subdivision eighteen of section 23-0101 of the
environmental conservation law.

5. For the purposes of this section, where the landowner is not the
owner of the oil, gas or mineral rights, the reference to "landowner"
shall be deemed to mean the owner of such oil, gas or mineral rights.

6. This section shall apply to all leases entered into before, on or
after the effective date of this section.