A8299-2011 Actions

• Jan 4, 2012: referred to judiciary
• Jun 10, 2011: referred to judiciary

A8299-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8299
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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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