Printable Format55-206. Demand for release before bringing action; evidence. At least twenty days before bringing the action provided for in this act[*], the owner of the leased land, either by himself or herself or by his or her agent or attorney, shall demand of the holder of the lease (if such demand by ordinary diligence can be made in this state) that said lease be released of record. Such demand may be either written or oral. When written, a letter-press or carbon or written copy thereof, when shown to be such, may be used as evidence in any court with the same force and effect as the original.
History: L. 1909, ch. 179, ยง 3; April 1; R.S. 1923, 55-206.
* "This act," see 55-201, 55-202, 55-206.
Law Review and Bar Journal References:
"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. Section cited in action for failure to release. Cole v. Butler, 103 Kan. 419, 422, 173 P. 978. Overruled: Brinkman v. Empire Gas and Fuel Co., 120 Kan. 602, 245 P. 107.
2. Cancellation of oil and gas lease; statutory procedure optional. Elliott v. Oil Co., 106 Kan. 248, 250, 187 P. 692.
3. Liability prescribed by statute upon demand in writing. Caylor v. Oil Co., 110 Kan. 224, 226, 203 P. 735.
4. Lack of notice not pleaded and held not prerequisite to action. Kahm v. Arkansas River Gas Co., 122 Kan. 786, 792, 253 P. 563.
5. 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.
6. Demand not necessary where defendant is nonresident. Endicott v. Plains Exploration Co., 166 Kan. 600, 601, 602, 203 P.2d 199.
7. Registered letter requesting release of record of lease held sufficient notice. Erne v. Broiles, 173 Kan. 882, 886, 887, 252 P.2d 612.
8. Letters construed and held not demand to release. Temple v. Continental Oil Co., 182 Kan. 213, 219, 320 P.2d 1039.
9. 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, 550, 619 P.2d 1174.
10. Demand is not a prerequisite to commencing a quiet title action, except when damages or attorney fees are requested. Medlin v. Mainline U.S.A., Inc., 8 Kan. App. 2d 35, 37, 648 P.2d 279 (1982).
11. Termination of "unless" lease considered. Rice v. Hillenburg, 13 Kan. App. 2d 155, 158, 766 P.2d 182 (1989).