PRINTER'S NO. 412
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY PICKETT, BAKER, CLYMER, FLECK, GABLER, GINGRICH, GROVE, C. HARRIS, HESS, KRIEGER, MAJOR, MILLARD, MOUL, MURT, STEVENSON, SWANGER AND WHITE, JANUARY 29, 2013
REFERRED TO COMMITEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 29, 2013
6Section 1. Short title.
9Section 2. Definitions.
12(3) The date of the termination or cancellation.
15(5) The signature of the lessee.
16Section 3. Lessee duty to provide release.
17(a) General rule.--Not less than 30 days prior to the
18termination or cancellation of an oil or natural gas lease, the
19lessee shall deliver to the owner, without cost to the owner, a
20release in recordable form.
21(b) Limitation on owner.--An owner who receives a release
22under subsection (a) may not record the release with the
23recorder of deeds for the county in which the land is situated
24until on or after the date of the termination or cancellation.
1to negotiate a new oil or natural gas lease.
2Section 4. Failure to provide release.
3(a) Notice to lessee.--If a lessee fails to provide a timely
4release as required under section 3, the owner may serve notice
5on the lessee. The notice may be served not less than 15 days
6prior to the date of termination or cancellation. The notice
7shall contain the following:
8(1) A statement that:
16(iv) If the release is not received by the date of
17termination or cancellation, the owner has a right to
18record an affidavit of termination or cancellation of an
19oil or natural gas lease in the office of the recorder of
20deeds for the county in which the land is situated.
30(6) If there is a well on the land, the name or number
1of the well, if known to the owner.
7(b) Manner of service.--Service of the notice under
8subsection (a) shall be effected either personally or by
9certified mail to the lessee's last known business address, or,
10if service cannot be made by those means, by publication once a
11week for two weeks in a newspaper of general circulation in the
12county where the land is situated.
13(c) Challenge to notice of termination or cancellation.--If,
14after receiving a notice of termination or cancellation under
15subsection (b), the lessee disputes that the oil or natural gas
16lease will be terminated or canceled on the date stated in the
17notice, the lessee must, not less than seven days prior to the
18date of the termination or cancellation stated in the notice,
19deliver a written challenge to the owner.
20(d) Effect of challenge.--An owner who receives a timely
21challenge from the lessee under subsection (c) may not record an
22affidavit of termination or cancellation of an oil or natural
23gas lease in the office of the recorder of deeds for the county
24in which the land is situated without an order of court.
25(e) Effect of no challenge.--An owner who has served a
26notice under subsection (a) and fails to receive a timely
27challenge from the lessee under subsection (c) may record an
28affidavit of termination or cancellation of an oil or natural
29gas lease in the office of the recorder of deeds for the county
30in which the land is situated.
1Section 5. Affidavit of termination or cancellation.
5(1) The names and addresses of the owner and lessee.
16(7) A statement that the owner complied with its duty to
17serve a notice to the lessee under section 4(a) and that the
18lessee failed to provide a timely challenge to the notice as
19provided by section 4(c).
20(8) A notarized signature of the owner.
25Section 6. Effective date.
26This act shall take effect in 60 days.