K.S.A. » Chapter 55
Kansas Statutes Annotated

K.S.A. § 55-1210 (2026)

Property rights to injected natural gas established

✓ current as of May 2026
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55-1210. Property rights to injected natural gas established. (a) All natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or otherwise, shall at all times be the property of the injector, such injector's heirs, successors or assigns, whether owned by the injector or stored under contract.

(b) In no event shall such gas be subject to the right of the owner of the surface of such lands or of any mineral interest therein, under which such gas storage fields, sands, reservoirs and facilities lie, or of any person, other than the injector, such injector's heirs, successors and assigns, to produce, take, reduce to possession, either by means of the law of capture or otherwise, waste, or otherwise interfere with or exercise any control over such gas. Nothing in this subsection shall be deemed to affect the right of the owner of the surface of such lands or of any mineral interest therein to drill or bore through the underground storage fields, sands, reservoirs and facilities in such a manner as will protect such fields, sand, reservoirs and facilities against pollution and the escape of the natural gas being stored.

(c) With regard to natural gas that has migrated to adjoining property or to a stratum, or portion thereof, which has not been condemned as allowed by law or otherwise purchased:

(1) The injector, such injector's heirs, successors and assigns shall not lose title to or possession of such gas if such injector, such injector's heirs, successors or assigns can prove by a preponderance of the evidence that such gas was originally injected into the underground storage.

(2) The injector, such injector's heirs, successors and assigns, shall have the right to conduct such tests on any existing wells on adjoining property, at such injector's sole risk and expense including, but not limited to, the value of any lost production of other than the injector's gas, as may be reasonable to determine ownership of such gas.

(3) The owner of the stratum and the owner of the surface shall be entitled to such compensation, including compensation for use of or damage to the surface or substratum, as is provided by law, and shall be entitled to recovery of all costs and expenses, including reasonable attorney fees, if litigation is necessary to enforce any rights under this subsection (c) and the injector does not prevail.

(d) The injector, such injector's heirs, successors and assigns shall have the right to compel compliance with this section by injunction or other appropriate relief by application to a court of competent jurisdiction.

History: L. 1993, ch. 102, § 1; July 1.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1997–2022 · leading case: N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013).
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N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). · cites it 76× “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
N. Nat. Gas Co. v. Nash Oil & Gas, Inc., 526 F.3d 626 (10th Cir. 2008). · cites it 7× “Based on Northern's belief that its "storage gas" has migrated to Nash's gas wells and Nash is producing that gas, Northern commenced this action, asserting common-law claims of conversion and unjust enrichment and a statutory claim under Kan. Stat. Ann. § 55-1210 . The district…”
Hayes Sight & Sound, Inc. v. Oneok, Inc., 136 P.3d 428 (Kan. 2006). · cites it 12× “55-1210 provides: “(a) Ail natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or otherwise, shall at all…”
N. Nat. Gas Co. v. Approximately 9117 Acres in Pratt, 2 F. Supp. 3d 1174 (D. Kan. 2014). · cites it 27× “Adoption of K.S.A. § 55-1210. Effective July 1, 1993, the Kansas legislature amended the Storage Act by adding § 55-1210.”
Williams Nat. Gas Co. v. Supra Energy, Inc., 931 P.2d 7 (Kan. 1997). · cites it 20× “: This case presents a limited question of the proper grant of a temporary injunction based on the constitutionality of several specific provisions of K.S.A. 55-1210, which relate to testing to determine if natural gas has migrated outside an underground storage field.”
N. Nat. Gas Co. v. Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., 217 P.3d 966 (Kan. 2009). · cites it 15× “That statute provides: “(a) All natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or oth *781 erwise,…”
N. Nat. Gas Co. v. L.D. Drilling, Inc., 618 F. Supp. 2d 1280 (D. Kan. 2009). · cites it 36× “Northern’s claim is based on K.S.A. § 55-1210, which grants an injector of natural gas in Kansas the right to test wells that are on “adjoining property.”
N. Nat. Gas Co. v. Nash Oil & Gas, Inc., 506 F. Supp. 2d 520 (D. Kan. 2007). · cites it 20× “Northern sued for conversion and for remedies under K.S.A. § 55-1210, including the right to conduct tests on Nash’s wells to determine if the gas produced by defendant is storage gas.”
N. Nat. Gas Co. v. L.D. Drilling, Inc., 759 F. Supp. 2d 1282 (D. Kan. 2010). · cites it 8× “3 A jury in the Trans Pacific case found Northern had not shown that *1286 storage gas migrated to the two Trans Pac wells after July 1, 1993, the effective date of K.S.A. § 55-1210. In March 2007, Northern’s claims against Nash in the 2004 case were dismissed on summary…”
N. Nat. Gas v. Approximately 9117 Acres, 862 F.3d 1221 (10th Cir. 2017). · cites it 3× “” Kan. Stat. Ann. § 55-1210 (a) (emphasis added).”
N. Nat. Gas Co. v. Trans Pac. Oil Corp., 248 F. App'x 882 (10th Cir. 2007). · cites it 4× “Relying mainly on Kan. Stat. Ann. § 55-1210 , 2 Northern initiated the current lawsuit against Trans Pacific in 2002.”
Beck v. N. Nat. Gas Co., 170 F.3d 1018 (10th Cir. 1999). · cites it 4× “Third, the district court erroneously interpreted Kan. Stat. Ann. § 55-1210 (e)(3) (1994), allowing the landowners their attorney fees, expenses, and costs.”
Show all 18 citing cases →
— K.S.A. § 55-1210(a) — 5 cases
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
N. Nat. Gas Co. v. Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., 217 P.3d 966 (Kan. 2009). “That statute provides: “(a) All natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or oth *781 erwise,…”
Williams Nat. Gas Co. v. Supra Energy, Inc., 931 P.2d 7 (Kan. 1997). “: This case presents a limited question of the proper grant of a temporary injunction based on the constitutionality of several specific provisions of K.S.A. 55-1210, which relate to testing to determine if natural gas has migrated outside an underground storage field.”
N. Nat. Gas Co. v. L.D. Drilling, Inc., 618 F. Supp. 2d 1280 (D. Kan. 2009). “Northern’s claim is based on K.S.A. § 55-1210, which grants an injector of natural gas in Kansas the right to test wells that are on “adjoining property.”
N. Nat. Gas Co. v. ONEOK Field Servs. Co. (Kan. 2019).
— K.S.A. § 55-1210(b) — 2 cases
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
N. Nat. Gas Co. v. L.D. Drilling, Inc., 759 F. Supp. 2d 1282 (D. Kan. 2010). “3 A jury in the Trans Pacific case found Northern had not shown that *1286 storage gas migrated to the two Trans Pac wells after July 1, 1993, the effective date of K.S.A. § 55-1210. In March 2007, Northern’s claims against Nash in the 2004 case were dismissed on summary…”
— K.S.A. § 55-1210(c) — 6 cases
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
Hayes Sight & Sound, Inc. v. Oneok, Inc., 136 P.3d 428 (Kan. 2006). “55-1210 provides: “(a) Ail natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or otherwise, shall at all…”
N. Nat. Gas Co. v. Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., 217 P.3d 966 (Kan. 2009). “That statute provides: “(a) All natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or oth *781 erwise,…”
Williams Nat. Gas Co. v. Supra Energy, Inc., 931 P.2d 7 (Kan. 1997). “: This case presents a limited question of the proper grant of a temporary injunction based on the constitutionality of several specific provisions of K.S.A. 55-1210, which relate to testing to determine if natural gas has migrated outside an underground storage field.”
N. Nat. Gas Co. v. Approximately 9117 Acres in Pratt, 2 F. Supp. 3d 1174 (D. Kan. 2014). “Adoption of K.S.A. § 55-1210. Effective July 1, 1993, the Kansas legislature amended the Storage Act by adding § 55-1210.”
— K.S.A. § 55-1210(c)(2) — 3 cases
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
Williams Nat. Gas Co. v. Supra Energy, Inc., 931 P.2d 7 (Kan. 1997). “: This case presents a limited question of the proper grant of a temporary injunction based on the constitutionality of several specific provisions of K.S.A. 55-1210, which relate to testing to determine if natural gas has migrated outside an underground storage field.”
N. Nat. Gas Co. v. L.D. Drilling, Inc., 618 F. Supp. 2d 1280 (D. Kan. 2009). “Northern’s claim is based on K.S.A. § 55-1210, which grants an injector of natural gas in Kansas the right to test wells that are on “adjoining property.”
— K.S.A. § 55-1210(c)(3) — 3 cases
Hayes Sight & Sound, Inc. v. Oneok, Inc., 136 P.3d 428 (Kan. 2006). “55-1210 provides: “(a) Ail natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or otherwise, shall at all…”
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
N. Nat. Gas Co. v. Approximately 9117 Acres, 114 F. Supp. 3d 1144 (D. Kan. 2015).
— K.S.A. § 55-1210(c)(l) — 2 cases
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
N. Nat. Gas Co. v. Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., 217 P.3d 966 (Kan. 2009). “That statute provides: “(a) All natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, whether such storage rights were acquired by eminent domain or oth *781 erwise,…”
— K.S.A. § 55-1210(d) — 2 cases
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “In this appeal of that summary judgment ruling, Northern primarily challenges the district court’s interpretation of K.S.A. 55-1210. Focusing on subsections (a) and (b) of the statute, Northern contends the legislature intended to abolish the common-law rule of capture as to all…”
Williams Nat. Gas Co. v. Supra Energy, Inc., 931 P.2d 7 (Kan. 1997). “: This case presents a limited question of the proper grant of a temporary injunction based on the constitutionality of several specific provisions of K.S.A. 55-1210, which relate to testing to determine if natural gas has migrated outside an underground storage field.”
— K.S.A. § 55-1210(e)(2) — 1 case
N. Nat. Gas Co. v. L.D. Drilling, Inc., 618 F. Supp. 2d 1280 (D. Kan. 2009). “Northern’s claim is based on K.S.A. § 55-1210, which grants an injector of natural gas in Kansas the right to test wells that are on “adjoining property.”
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