(b) Such statement shall be filed within six months after the date upon
which material was last furnished or labor last performed under the contract.
Immediately upon the receipt of such statement the clerk of the district court
shall enter the lien in the general index the same as liens against real
55-210: Same; enforcement of liens.
All liens for labor and materials furnished to owners of leaseholds for
oil and gas purposes, as may be provided by law, shall be enforced in the
same manner, and notice of the same shall be given in the same manner
(whether by the contractor, subcontractor, the materialman or laborer) as
may be provided by law for enforcing liens of mechanics and others against
real estate. All other liens and mortgages on leaseholds for oil and gas
purposes shall be enforced and foreclosed in the same manner as may be
provided by law for enforcing liens and mortgages against real estate.
After sale of the property there shall be no redemption, and the sheriff
shall make a formal conveyance of all the property so sold to the
purchaser, in one deed of conveyance.
History: R.S. 1923, 55-210; Dec. 27.
55-211: Lease of school grounds for drilling for oil and gas.
The school-district board of any school district in this state is hereby
authorized and empowered to lease its grounds, or any part thereof, for
drilling for oil and gas, upon such terms as may be agreed upon. Any moneys
arising from such lease or the production of oil or gas shall become a part
of the funds of such school district: Provided, That no oil or gas
wells shall be drilled or located within one hundred (100) feet of any
schoolhouse upon any such school ground.
History: L. 1927, ch. 149, § 1; L. 1935, ch. 209, § 1; March 19.
55-211a: Lease of lands by municipal corporations, board of park
commissioners, improvement districts or other public agency or
quasi-municipal corporation; disposition of moneys.
The governing body of any municipal corporation, board of park
commissioners of any municipal corporation, trustees or directors of any
cemetery association or improvement district, directors of any cemetery
district, township board of any township, or any other public agency or
quasi-municipal corporation, owning or having the management and control of
any tract of land within the state of Kansas, is hereby authorized and
empowered to lease such lands, or any part thereof, for drilling for oil or
gas upon such terms as may be agreed upon except that any such
lease shall contain provisions for spacing of producing wells in accordance
with rules and regulations of the state corporation commission as provided
by law and no oil or gas well shall be drilled or located within 100 feet
of that portion of any such lands actually used for burial purposes.
Any moneys arising from such lease or the production of oil or gas may
be credited to a special reserve or trust fund and invested in the manner
prescribed by K.S.A. 12-1675 et seq. and amendments thereto. All interest
received from the investment of moneys in special reserve or trust funds
and any moneys received from such lease or the production of oil or gas
which is not credited to a special reserve or trust fund shall become
a part of the general fund of any such municipality, board of park
commissioners, association, improvement district, cemetery district,
township, public agency, or quasi-municipal corporation.
History: L. 1949, ch. 307, § 1; L. 1957, ch. 314, § 1; L. 1968,
ch. 277, § 1; L. 1984, ch. 202, § 1; July 1.
55-211b: Same; validation of prior leases.
All oil and gas leases executed and delivered prior to the effective
date of this act by any such governing body, trustees, directors, or
township board, in substantial conformity with the provisions of section
55-211a of the General Statutes of 1949, as amended, shall be deemed to be
valid, and shall have the same force and effect as though executed and
delivered subsequent to the effective date hereof.
History: L. 1949, ch. 307, § 2; L. 1957, ch. 314, § 2; April 10.
55-212: Lien of transporter of oil-field equipment, labor and
As used in this act: (a) The term "person" includes one or more
individuals, partnerships, associations, corporations, legal
representatives, trustees and receivers in bankruptcy and reorganization of
any group whether or not it is incorporated.
(b) The term "oil-field equipment" means oil-field supplies, oil-field
machinery, materials, heavy machinery, buildings, tubing, tanks, boilers,
engines, casing, wire lines, sucker rods, oil pipelines, gas pipelines
and all other material used in digging, drilling, torpedoing, operating,
completing, maintaining or repairing any such oil or gas wells or oil
pipelines or gas pipelines, or in the construction or dismantling of
refineries, casing-head gasoline plant and carbon black plants.
History: L. 1941, ch. 281, § 1; L. 1945, ch. 231, § 1; June 28.
55-213: Same; extent of lien.
Any person who transports or hauls oil-field equipment under express
contract with the owner or operator of any gas or oil lease-hold interest
in real property, or the owner or operator of any gas pipeline or oil
pipeline or the owner of any oil-field equipment and material, or with the
trustee, agent, or receiver of any such owner, shall have a lien upon
interest of such owner in the oil-field equipment so transported and
hauled. Said lien shall include, in addition to the charge for hauling or
transporting, labor performed, or materials used and expended in the
transporting, erecting, dismantling, loading and unloading of any oil-field
machinery, equipment or supplies hauled or transported and shall be of
equal standing with the contractor's lien provided by K.S.A. 55-207.
History: L. 1941, ch. 281, § 2; L. 1945, ch. 231, § 2; June 28.
55-214: Lien of transporter of oil-field equipment; filing of
statement; service of notice; removal of equipment to another county.
Any person entitled to file a lien as provided for in this act, shall
within one hundred twenty (120) days after the oil-field equipment was
transported and delivered, file a statement in the office of the clerk of
the district court of such county where such oil-field equipment was
delivered, and at the time of filing such statement the claimant shall
serve a copy of said statement upon the owner thereof, or upon the trustee,
agent, or receiver of any such owner by mailing a copy of such statement to the
said owner or to the trustee, agent, or receiver of such owner by registered
mail to his or her or their last known address. That after the filing
and service of such notice as heretofore provided, it shall be the duty of
any such owner, trustee, agent, or receiver of any such owner to notify in
writing any person who has a lien upon any such oil-field equipment and
materials before removing the same from the leasehold to which the lien
claimant delivered said oil-field equipment and materials. Such statement
shall include the amount claimed and the items thereof described as
definitely as practicable, the name of the owner, the name of the
contractor, the name of the claimant and a full description of the property
subject to the lien, verified by affidavit.
In the event such oil-field equipment or any part thereof has been
removed from the county in which it was originally delivered into another
county within the state, any person entitled to file a lien as provided for
in this act, may within thirty (30) days after that person has received
notice that such oil-field equipment or any part thereof has been removed
from the county in which it was originally delivered, file in the office of
the clerk of the district court of such county, a copy of the lien which
has heretofore been filed in the county in which such property was
originally transported and delivered. The lien provided for hereunder shall
not be prior to any valid and existing perfected security interest.
History: L. 1941, ch. 281, § 3; L. 1945, ch. 231, § 3; L. 1953, ch. 267, § 1;
L. 1965, ch. 564, § 403; Jan. 1, 1966.
55-215: Same; time for actions.
The holder of such lien shall within six months institute an action to
foreclose and enforce the lien in the manner now provided by law, or shall
within six months institute an action in attachment or replevin, setting
forth the lienholder's interest and right to possession thereto, in a court
of competent jurisdiction in the county where such oil-field equipment has
been delivered, or in any county where it can be located.
History: L. 1941, ch. 281, § 4; June 30.
55-216: Certain leases unrecorded prior to January 1, 1952, void.
Any oil and gas lease executed prior to January 1, 1925, and which shall
not be recorded prior to January 1, 1952, in the office of the register of
deeds in the county where such land so leased is located, shall be void.
History: L. 1951, ch. 330, § 1; June 30.
55-217: Same; certain assignments executed prior to January 1, 1925,
not to be recorded.
On and after January 1, 1952, no assignment of an oil and gas lease or
of any interest in any oil and gas lease executed prior to January 1, 1925,
shall be recorded by any register of deeds unless the original oil and gas
lease which is being assigned, or the original oil and gas lease, any
interest of which is being assigned, has been recorded in the office of the
register of deeds in the county where the land so leased is located.
History: L. 1951, ch. 330, § 2; June 30.
55-218: Same; expunging certain purported assignments from records.
If any court of competent jurisdiction shall adjudge that any oil and
gas lease executed prior to January 1, 1925, is void and there are of
record in the office of the register of deeds of the county where the land
so purportedly leased is located, assignments of such oil and gas lease or
any interest in such lease, then the court may, in a proper action brought
for that purpose, order and require said register of deeds to expunge from
the records in his or her office all purported assignments of such void oil and
History: L. 1951, ch. 330, § 3; June 30.
55-219: Receiver for minority mineral interest in action where
location of defendant-owner unknown.
In an action filed by any person, firm or corporation owning an interest
in the minerals in any tract or tracts of land in the state of Kansas or
owning an oil and gas lease on such an interest wherein it is made to
appear that the defendant or defendants in such action own or appear to own
in the aggregate a minority interest in said minerals thereunder but that
the residence, business address or whereabouts of one (1) or more of the
defendants cannot be ascertained, the district court of the county wherein
such tract or tracts of land are situated shall have the power to appoint a
receiver over the mineral interest of such defendants whose residence,
business address, or whereabouts are unknown, upon compliance with the
procedure set forth in K.S.A. 55-220.
History: L. 1973, ch. 218, § 1; July 1.
55-220: Same; contents of petition; hearing; notice; dismissal as to
certain defendants; appointment of receiver.
(a) The plaintiff shall file a verified petition setting forth the
following: (1) The interest of the plaintiff in the tract or tracts of land
described in said petition; (2) the apparent interest of the defendant or
defendants as appears from the record of the county clerk and from such
other sources, identifying same, as plaintiff has investigated; (3) the
last known address, business, residence, or otherwise which plaintiff may
have been able to ascertain for each of said defendants and the sources of
information which plaintiff has checked in an attempt to locate the present
address or whereabouts of said defendant or defendants, and further stating
that plaintiff has exercised due diligence and cannot by any means within
plaintiff's control ascertain the present address or whereabouts of said
defendant or defendants; (4) that there are persons or corporations who
are willing to purchase an oil and gas lease upon the interest of the
defendant or defendants and that the existence of these unleased mineral
interests is detrimental to and impairs the enjoyment of the interest of
the plaintiff; (5) that the plaintiff has acquired or has good reason to
believe that he or she can acquire operating rights covering all mineral
interests other than the interest of said defendants in said tract or tracts.
(b) Upon the filing of such petition the court shall set same for
hearing upon a date certain, which date must be at least thirty (30) days
from the date of the mailing of notice. Notice of the hearing, the nature
of the hearing and relief requested shall be given by publication one (1)
time in a newspaper of general circulation in the county in which the
property is located and also in a newspaper of general circulation in the
county of the last known address of the defendant or defendants if the same
is within the state of Kansas and by mailing by certified mail, return
receipt requested to the last known address, if any, of the defendant or
defendants as set forth in said petition. A copy of such notice shall also
be mailed by certified mail to the address of any person making payment of
taxes upon such interest if the same is other than the owner thereof as
indicated by the records in the office of the county treasurer. The
publication and mailing of notice shall all be done at least seven (7) days
prior to the date of hearing.
(c) On the date set for said hearing the court shall dismiss the action
as to all defendants who answer and request such dismissal, and as to all
other defendants the court shall require proof that the requirements of
K.S.A. 55-220(b) have been satisfied, shall take evidence and
hear testimony as to the matters set forth in plaintiff's petition, and at
said hearing shall determine the bonus value for oil and gas leases on
lands in said vicinity and the prevailing rental and royalty rate; and if
it appears to the court that the requirements of K.S.A. 55-220(b)
have been satisfied, that the matters set forth in plaintiff's petition are
true, that it is probable that a purchaser can be secured for an oil and
gas lease on the unleased mineral interests of the defendant or defendants,
that the existence of such unleased interests is detrimental to and impairs
the interest of the plaintiff, the court shall appoint a receiver for the
purpose of selling an oil and gas lease upon the interest of said defendant
or defendants, and said order appointing the receiver and authorizing the
sale of such lease shall set forth the minimum bonus which may be accepted
and the minimum royalty and rental rate. The court, in its discretion, may
require the receiver to give bond.
History: L. 1973, ch. 218, § 2; July 1.
55-221: Same; duties of receiver; duties of
Such receiver shall proceed immediately to enter into negotiations with
prospective purchasers and shall sell an oil and gas lease on the interest
of the defendant or defendants, such lease to be for a
primary term of not
to exceed five years from date and as long thereafter as oil and
or either of them, is produced in paying quantities from the
land by the
lessee. The lease shall not be sold for less than the
rentals and royalties specified in the order of the court. All bonuses,
rentals or other monies paid
to the receiver for the execution or extension of the oil and gas lease
shall be by the receiver deposited with the court for the
use and benefit of the defendants. Upon production
being obtained or the expiration of the lease, the court shall immediately
discharge such receiver. The court shall hold and
distribute the monies received in the same manner as property received by a
court as proceeds of a class action as specified in subsection (a)(9) of K.S.A.
58-3935, and amendments thereto. Any and all future production payments or
other benefits paid under such oil and gas lease shall be retained in suspense
by the oil and gas purchasing company and held until further orders of the
court or until required to be distributed pursuant to the uniform unclaimed
property act, K.S.A. 58-3934 et seq., and amendments thereto. The cost of
the receiver and
court cost shall be affixed by the court and shall be paid by the
History: L. 1973, ch. 218, § 3;
L. 2008, ch. 53, § 1; July 1.
The provisions of this act are hereby declared to be severable and if
any part or provision hereof shall be held void the decision of the court
so holding shall not affect or impair any of the remaining parts or
provisions of this act.
History: L. 1973, ch. 218, § 4; July 1.
55-223: Implied covenant to explore and develop minerals established;
burden upon lessee.
As a matter of Kansas public policy, all oil and gas leases
and subleases for the exploration, development and production of oil, gas
or other minerals, or any combination thereof, which are held by production
shall be presumed to contain, in addition to any expressed covenants therein,
an implied covenant to reasonably explore and to develop the minerals which
are the subject of such lease. Such implied covenant shall be a burden upon
the lessee and any successor in interest.
History: L. 1983, ch. 181, § 1; April 14.
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, § 2; April 14.
55-225: Same; presumption overcome by proof of compliance.
The presumption established by K.S.A. 55-223 may be overcome by the
lessee proving by a preponderance of all relevant evidence that the lessee
has fully complied with such covenant.
History: L. 1983, ch. 181, § 3; April 14.
55-226: Same; remedies for breach; authority of court.
If the court determines that the lessee has failed to comply with such covenant,
the court may grant the lessee a reasonable time in which to comply, or
the court may issue an order terminating the lessee's right to such subsurface
part or parts as are the subject of such action. The court may enter such
other orders as the interests of the parties and equity may require.
History: L. 1983, ch. 181, § 4; April 14.
55-227: Same; action for breach not permissible, when.
Nothing in this act shall apply to the depth interval from the surface of
the land to the base of the deepest producing formation as of the date of such action.
History: L. 1983, ch. 181, § 5; April 14.
55-228: Same; waiver of presumption prohibited.
As created by this act, it shall be against Kansas public policy to provide
for a waiver of the presumption, established by K.S.A. 55-223, in any lease
or sublease for the exploration, development or production of oil, gas or
other mineral, or any combination thereof.
History: L. 1983, ch. 181, § 6; April 14.
55-229: Same; substantive rights and remedies saved; presumption cumulative.
This act shall not alter or affect substantive rights or remedies under
any such mineral leases under the common law or statutes of the state of
Kansas. The evidentiary presumption afforded by this act shall be cumulative
and in addition to all other substantive rights and remedies in existence
under the common law and statutes of this state on the effective date of this act.
History: L. 1983, ch. 181, § 7; April 14.