Senate Bill S2779

Signed By Governor
2011-2012 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

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Sponsored By

Archive: Last Bill Status Via A408 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S2779 (ACTIVE) - Details

See Assembly Version of this Bill:
A408
Law Section:
Real Property Law
Laws Affected:
Add ยง329-a, RP L
Versions Introduced in 2009-2010 Legislative Session:
S7170, A9070

2011-S2779 (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.

2011-S2779 (ACTIVE) - Sponsor Memo

2011-S2779 (ACTIVE) - Bill Text download pdf

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

                                  2779

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 1, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed 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. 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:
  S 329-A. LAPSE OF OIL AND GAS INTEREST WITHIN ALLEGANY STATE PARK. THE
PROVISIONS  OF  THIS  SECTION  SHALL APPLY TO OIL AND GAS INTERESTS THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01154-01-1

              

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