55-224. Same; presumption of breach of covenant, when. In any action in which relief is sought based upon breach or violation by a lessee of an implied or expressed covenant of reasonable exploration or of reasonable development of lands covered by an oil, gas or oil and gas lease held by production, if the party who seeks such relief produces competent evidence that: (a) At the time such action is commenced there is no mineral production pursuant to such lease from a subsurface part or parts of the land covered thereby with respect to which such relief is sought and (b) initial oil, gas or other mineral production on the lease commenced at least 15 years prior to the commencement of such action, a presumption shall arise that the lessee has breached and violated such covenant insofar as it relates to such subsurface part or parts of land.
History: L. 1983, ch. 181, ยง 2; April 14.
Structure Kansas Statutes
55-202 Same; action to obtain release; damages, costs and attorney's fees; attachment.
55-205 Record of lease as notice for definite term; extension upon contingency, affidavit.
55-206 Demand for release before bringing action; evidence.
55-208 Lien of subcontractor or materialman on gas and oil leasehold or pipeline.
55-209 Lien statement for labor or materials; filing and record in district court.
55-210 Same; enforcement of liens.
55-211 Lease of school grounds for drilling for oil and gas.
55-211b Same; validation of prior leases.
55-212 Lien of transporter of oil-field equipment, labor and materials; definitions.
55-215 Same; time for actions.
55-216 Certain leases unrecorded prior to January 1, 1952, void.
55-217 Same; certain assignments executed prior to January 1, 1925, not to be recorded.
55-218 Same; expunging certain purported assignments from records.
55-219 Receiver for minority mineral interest in action where location of defendant-owner unknown.
55-221 Same; duties of receiver; duties of court.
55-223 Implied covenant to explore and develop minerals established; burden upon lessee.
55-224 Same; presumption of breach of covenant, when.
55-225 Same; presumption overcome by proof of compliance.
55-226 Same; remedies for breach; authority of court.
55-227 Same; action for breach not permissible, when.
55-228 Same; waiver of presumption prohibited.
55-229 Same; substantive rights and remedies saved; presumption cumulative.