(a) made diligent effort to preserve all of such interests as were not
being used, and did within the period provided in subdivision five of
this section preserve other oil and gas interests, in said county, by
the filing of statements of claim as required by this section; and
(b) failed to preserve such interest through inadvertence; and
(c) filed the statement of claim required by this section within sixty
days after publication of notice as provided in subdivision seven of
this section or, if no such notice is published, within sixty days after
receiving actual knowledge that such oil and gas interest had been
extinguished.
7. At any time following the expiration of the period provided in
subdivision five of this section, the office of parks, recreation and
historic preservation may give notice of the lapse of any such oil and
gas interest by publishing the same in a newspaper of general
circulation in the county of Cattaraugus, and, if the address of such
oil and gas interest owner is shown of record or can be determined upon
reasonable inquiry, by mailing within ten days after such publication a
copy of such notice to the owner of such oil and gas interest. The
notice shall state the name of the owner of such oil and gas interest as
shown of record and a description of the land. If a copy of such notice,
together with an affidavit of service thereof, shall be promptly filed
in the office of the clerk in the county wherein such land is located,
the record thereof shall be prima facie evidence in any legal
proceedings that such notice was given.
8. Upon the filing of the statement of claim provided for in
subdivision five of this section or the proof of service of notice as
provided in subdivision seven of this section in the clerk's office for
the county of Cattaraugus, the clerk shall record the same in a book to
be kept for that purpose, which shall be known as the "dormant oil and
gas interest record," and shall indicate by marginal notation on the
instrument creating the original oil and gas interest the filing of the
statement of claim or affidavit of publication and service of notice.
9. The filing of the statement of claim provided in this section shall
not be evidence of title to or ownership of the interest claimed therein
for any purpose other than that provided in this section.
Structure New York Laws
Article 9 - Recording Instruments Affecting Real Property
290 - Definitions; Effect of Article.
291 - Recording of Conveyances.
291-C - Recording Memoranda of Leases.
291-CC - Recording Modifications of Leases.
291-F - Rights Where Recorded Mortgage Restricts Landlord's Action in Respect to Leases.
291-G - Recording Insurance Information.
291-H - Recording of Liens by the State.
291-I - Validity of Electronic Recording.
291-J - Recording of Declarations by the New York State Energy Research and Development Authority.
292 - By Whom Conveyance Must Be Acknowledged or Proved.
293 - Recording of Conveyances Heretofore Acknowledged or Proved.
294 - Recording Executory Contracts and Powers of Attorney.
294-A - Recording Assignments of Rent.
294-B - Recording Brokers Affidavit of Entitlement to Commission for Completed Brokerage Services.
295 - Recording of Letters Patent.
296 - Recording Copies of Instruments Which Are in Secretary of State's Office.
297 - Certified Copies May Be Recorded.
297-A - Recording of Certified Copies of Bankruptcy Papers; Constructive Notice.
297-B - Recording of Certified Copies of Judgments Affecting Real Property.
298 - Acknowledgments and Proofs Within the State.
300 - Acknowledgments and Proofs by Persons in or With the Armed Forces of the United States.
301 - Acknowledgments and Proofs in Foreign Countries.
302 - Acknowledgments and Proofs by Married Women.
303 - Requisites of Acknowledgments.
304 - Proof by Subscribing Witness.
305 - Compelling Witnesses to Testify.
306 - Certificate of Acknowledgment or Proof.
307 - When Certificate to State Time and Place.
308 - When Certificate Must Be Under Seal.
309-B - Uniform Forms of Certificates of Acknowledgment or Proof Without This State.
310 - Authentication of Acknowledgments and Proofs Made Within the State.
311 - Authentication of Acknowledgments and Proofs Made Without the State.
312 - Contents of Certificate of Authentication.
314-A - Proof When Witnesses Are Dead.
316-A - Indexing and Reindexing Conveyances, Mortgages and Other Instruments.
316-B - Inactive Hazardous Waste Disposal Site Registry Index.
318 - Certificate to Be Recorded.
320 - Certain Deeds Deemed Mortgages.
321 - Recording Discharge of Mortgage.
321-A - Recording Discharge of Rent Assignment.
324 - Effect of Recording Assignment of Mortgage.
325 - Recording of Conveyances Made by Treasurer of Connecticut.
326 - Revocation to Be Recorded.
327 - Penalty for Using Long Forms of Covenants.
328 - Certain Acts Not Affected.
329 - Actions to Have Certain Instruments Canceled of Record.
329-A - Lapse of Oil and Gas Interest Within Allegany State Park.
330 - Officers Guilty of Malfeasance Liable for Damages.
332 - The Record of Certain Conveyances Validated.
332-B - The Record of Certain Other Conveyances Validated.
333 - When Conveyances of Real Property Not to Be Recorded.
333-A - Same; Maps to Be Filed.
333-B - Recording of Maps or Plot Plans.
333-C - Lands in Agricultural Districts; Disclosure.
334 - Maps to Be Filed; Penalty for Nonfiling.
334-A - Filing of Subdivision Maps in Nassau County; Penalty for Non-Filing.
335 - Filing of Maps and Abandonment of Subdivisions in Suffolk County; Penalty for Nonfiling.
335-A - Easements of Necessity.
335-B - Recording of Solar Energy Easements.
336 - Effect of Recording Demands or Requirements of Noncitizen Property Custodian.