Whenever by reason of the termination of the full period within which an optional gas and oil lease which is of record may be kept alive by the payments of rentals, or at the termination of any of the options in such lease by reason of failure on the part of the lessee to comply with the condition therein for the prevention of forfeiture, such lease shall lapse, the lessee shall, on request in writing by the lessor, with an instrument, duly acknowledged, direct the cancellation of such lease on the records or shall supply the lessor with such instrument.
Any lessee failing or refusing to supply the lessor with such an instrument, or failing or refusing to cancel any lease on the records within thirty days after receiving written demand as above, shall be liable to such lessor for a reasonable attorney's fee incurred by the lessor in bringing suit to have such forfeiture and cancellation adjudged, and in addition thereto shall be liable to the lessor for all damages suffered by the lessor by reason of his inability to make any lease on account of the first lease not having been canceled.
This section shall be construed to apply to all leases for oil or gas heretofore entered into.
HISTORY: 1977 Act No. 179, Part 1, Section 19; 1993 Act No. 181, Section 1236.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production
Section 48-43-10. Definitions.
Section 48-43-20. Waste and pollution prohibited.
Section 48-43-30. Application of chapter; authority of department.
Section 48-43-80. Chapter inapplicable if act is done pursuant to federal or state permit.
Section 48-43-90. Construction of chapter with Federal Water Pollution Control Act.
Section 48-43-100. Approval of rules and regulations by General Assembly.
Section 48-43-310. Exploration permit required; disposition of funds collected.
Section 48-43-315. Application of article to geothermal resources.
Section 48-43-320. Allocation of allowable production.
Section 48-43-330. Establishment of spacing units for pools.
Section 48-43-340. Integration of separately owned tracts or separately owned interests.
Section 48-43-370. Permit required for drilling oil or gas well.
Section 48-43-380. Lessee's duty to lessor as to termination of oil or gas lease.
Section 48-43-510. Definitions.
Section 48-43-520. Findings and declarations of General Assembly.
Section 48-43-530. General powers and duties of department.
Section 48-43-550. Regulations as to removal of discharges of pollutants.
Section 48-43-570. Cooperation and responsibilities of state agencies.
Section 48-43-580. Unlawful acts; exceptions; permit for discharge of oil.
Section 48-43-590. Financial responsibility of owners or operators of terminal facilities.
Section 48-43-600. Filing of claims for damages.
Section 48-43-610. Violations and penalties.
Section 48-43-810. Unlawful acts.
Section 48-43-830. Punishment and penalties for aiding or abetting violations.