14-1046. Same; effect of resolution, order and election; landowner may petition court; proceedings. The land area described in such resolution and order shall constitute the drilling unit, and the approval of the proposal to drill such gas well, as evidenced by the result of said election, shall operate as a consent of all owners of natural gas underlying that portion of said drilling unit lying within the corporate limits of said city to the taking of such gas by said city and shall entitle the city to an acreage allowable equal to the number of acres lying within the corporate limits of said city and included in said drilling unit: Provided, however, That any owner of land situated within the corporate limits of said city feeling aggrieved by the interests and authority granted to said city by this act and by the approval of the proposal submitted at said election, may within ninety days after the date of said election, petition the district court of the county in which said city is located setting out any facts tending to show that such action will work undue hardship or operate inequitably as to the said petitioner.
Copy of the petition and of a summons shall be served upon the mayor of the city and the city shall within twenty days thereafter file answer thereto, and the cause shall be heard and determined by the court as a proceeding in equity, and the court shall find the facts and make such orders and enter such decree in the premises as the law and equities of the case require, and in case the court finds in favor of the petitioner, the acreage owned by said petitioner shall be excluded from said drilling unit and the acreage allowable for natural gas production to said city shall be reduced accordingly. Any owner of land or mineral rights situated within the corporate limits of said city and included in said drilling unit who shall fail to petition the district court as herein authorized and have a determination of his or her rights, if any, shall thereafter be forever barred.
History: L. 1951, ch. 186, ยง 6; March 30.
Structure Kansas Statutes
Chapter 14 - Cities Of The Second Class
Article 10 - Miscellaneous Provisions
14-1007 Lands for and improvement of cemeteries.
14-1007b Same; tax levy, use of proceeds; issuance of bonds.
14-1007c Same; construction of act.
14-1008 Conveyance of cemetery lots; regulations by council.
14-1041 Natural gas production and sale; acquisition of drilling sites; contracts.
14-1043 Same; acreage within or without city limits.
14-1044 Same; contracts for consolidation or unitization of land.
14-1045 Same; election; requirements for approval; resolution and order of governing body.
14-1046 Same; effect of resolution, order and election; landowner may petition court; proceedings.
14-1047 Cemetery property of private association; definitions.
14-1048 Same; transfer to city and dissolution.
14-1049 Same; resolution of associations; publication; void upon protest of lot owners.
14-1051 Same; transfer of property; dissolution of association.
14-1053 Bonds for cemetery improvement in certain cities over 10,000; election.
14-1060 Compromise, abatement or cancellation of certain taxes in certain cities.