55-202. Same; action to obtain release; damages, costs and attorney's fees; attachment. Should the owner of such lease neglect or refuse to execute a release as provided by this act, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and the owner may also recover in such action of the lessee, his or her successors or assigns, the sum of one hundred dollars as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he or she may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases.
History: L. 1909, ch. 179, ยง 2; April 1; R.S. 1923, 55-202.
Law Review and Bar Journal References:
1953-55 survey of Kansas law, Bernard E. Nordling, 4 K.L.R. 162, 170 (1955).
"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 546 (1979).
"Incorporating a Century of Oil and Gas Jurisprudence Into the Modern Oil and Gas Lease," David E. Pierce, 33 W.L.J. 786, 804 (1994).
CASE ANNOTATIONS
1. Judgment for damages and attorney's fees upheld. Cole v. Butler, 103 Kan. 419, 422, 173 P. 978.
2. Statutory damages and reasonable attorney's fees should be allowed. Elliott v. Oil Co., 106 Kan. 248, 250, 251, 187 P. 692.
3. Judgment for cancellation, statutory damages and attorney's fees upheld. Caylor v. Oil Co., 110 Kan. 224, 226, 203 P. 735.
4. Elements of damages for refusal to release. Mollohan v. Patton, 110 Kan. 663, 665, 202 P. 616, 205 P. 643.
5. Notice held unnecessary; not pleaded; no jury as of right. Kahm v. Arkansas River Gas Co., 122 Kan. 786, 792, 253 P. 563.
6. Separate leases require separate releases and separate penalties are recoverable. Newell v. McMillan, 139 Kan. 94, 105, 30 P.2d 126.
7. Petition held not to state cause of action; lease construed. Wilson v. Wakefield, 146 Kan. 693, 72 P.2d 978.
8. Partially assigned lease construed and lease held not forfeited. Wilson v. Texas Company, 147 Kan. 449, 76 P.2d 779.
9. Judgment for statutory damages, other damages and attorney's fee upheld. Stady v. The Texas Company, 150 Kan. 420, 421, 94 P.2d 322.
10. Applicable only where lease has become forfeited; proof necessary to cancel lease. Tamsk v. Continental Oil Co., 158 Kan. 747, 751, 150 P.2d 326.
11. Mentioned in holding oil and gas lease had not expired. Spikes v. Weller, 159 Kan. 597, 600, 156 P.2d 540.
12. Petition held to state prima facie cause of action. Endicott v. Plains Exploration Co., 166 Kan. 600, 601, 602, 203 P.2d 199.
13. Mentioned in construing oil and gas lease and lease agreement together. Dailey v. Joslin, 172 Kan. 199, 203, 240 P.2d 471.
14. Compliance with K.S.A. 55-201 not prerequisite to action brought hereunder; single lease canceled; maximum recovery $100 against lessee and assignees. Erne v. Broiles, 173 Kan. 882, 884, 886, 887, 888, 252 P.2d 612.
15. Letters construed and held not demand to release. Temple v. Continental Oil Co., 182 Kan. 213, 219, 320 P.2d 1039.
16. Court cannot extend term of lease absent ambiguity or mistake. Hanscome v. Coppinger, 183 Kan. 623, 624, 331 P.2d 590.
17. Officer of corporation may be personally liable for willful failure to properly plug abandoned well. Kirk v. H.G.P. Corporation, Inc., 208 Kan. 777, 778, 494 P.2d 1087.
18. Relief denied under section; trial court did not err. Kelwood Farms, Inc. v. Ritchie, 1 Kan. App. 2d 472, 480, 571 P.2d 338.
19. No showing for demand of release of the lease; judgment for statutory damages and attorney fees reversed. Nelson v. Hodges, 5 Kan. App. 2d 547, 549, 619 P.2d 1174.
20. Rules governing construction of oil and gas leases stated. Adolph v. Stearns, 235 Kan. 622, 625, 684 P.2d 372 (1984).
21. Termination of "unless" lease considered. Rice v. Hillenburg, 13 Kan. App. 2d 155, 158, 766 P.2d 182 (1989).
22. Mentioned in oil and gas case; attorney fees under K.S.A. 55-202 not mandatory. Dexter v. Brake, 38 Kan. App. 2d 1005, 1021, 174 P.3d 924 (2008).
|