329-A - Lapse of Oil and Gas Interest Within Allegany State Park.

NY Real Prop L § 329-A (2019) (N/A)
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(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.