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

K.S.A. § 55-1604 (2026)

Statement of claim, contents; filing, when and where; effect of failure to file

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

55-1604. Statement of claim, contents; filing, when and where; effect of failure to file. (a) A statement of claim may be filed by the owner of a mineral interest prior to the end of the twenty-year period specified by K.S.A. 55-1602 or within three years after the effective date of this act, whichever is later. The statement shall contain the name and address of the owner of the mineral interest and a description of the land on or under which the mineral interest is located. The statement of claim shall be filed in the office of the register of deeds of the county in which the land is located. Upon the filing of the statement of claim within the time provided, it shall be considered that the mineral interest was being used on the date the statement of claim was filed.

(b) Failure to file a statement of claim within the time prescribed by subsection (a) shall not cause a mineral interest to be extinguished if the owner of the mineral interest filed the statement of claim within 60 days after (1) publication of notice as prescribed by K.S.A. 55-1605, if such notice is published or (2) within 60 days after receiving actual knowledge that the mineral interest had lapsed, if such notice is not published.

History: L. 1983, ch. 185, § 4; July 1.

CASE ANNOTATIONS

1. Mineral interest lapses and reverts if unused for 20 years and no settlement of claim filed per statute. Scully v. Overall, 17 Kan. App. 2d 582, 587, 840 P.2d 1211 (1992).


Previous | Next

www.ksrevisor.gov 2026
Notes of Decisions
Cited in 2 cases, 1992–2016 · leading case: Nickelson v. Bell, 382 P.3d 471 (Kan. Ct. App. 2016).
Sort: Relevance Newest Treatment
Nickelson v. Bell, 382 P.3d 471 (Kan. Ct. App. 2016). · cites it 7× “The owner of an unused mineral interest may prevent tire lapse by filing a claim as set out in K.S.A. 55-1604. When surface landowners Ronald and Betty Nick-elson (Nickelsons) sought to quiet title to unused mineral rights on *9 their land, several people filed claims under K.”
Scully v. Overall, 840 P.2d 1211 (Kan. Ct. App. 1992). · cites it 8× “55-1602: “An interest in coal, oil, gas or other minerals, if unused for a period of 20 years, shall lapse, unless a statement of claim is filed in accordance with K.S.A. 55-1604, and the ownership shall revert to the current surface owner.”
— K.S.A. § 55-1604(a) — 1 case
Nickelson v. Bell, 382 P.3d 471 (Kan. Ct. App. 2016). “The owner of an unused mineral interest may prevent tire lapse by filing a claim as set out in K.S.A. 55-1604. When surface landowners Ronald and Betty Nick-elson (Nickelsons) sought to quiet title to unused mineral rights on *9 their land, several people filed claims under K.”
— K.S.A. § 55-1604(b) — 2 cases
Nickelson v. Bell, 382 P.3d 471 (Kan. Ct. App. 2016). “The owner of an unused mineral interest may prevent tire lapse by filing a claim as set out in K.S.A. 55-1604. When surface landowners Ronald and Betty Nick-elson (Nickelsons) sought to quiet title to unused mineral rights on *9 their land, several people filed claims under K.”
Scully v. Overall, 840 P.2d 1211 (Kan. Ct. App. 1992). “55-1602: “An interest in coal, oil, gas or other minerals, if unused for a period of 20 years, shall lapse, unless a statement of claim is filed in accordance with K.S.A. 55-1604, and the ownership shall revert to the current surface owner.”
— K.S.A. § 55-1604(b)(1) — 1 case
Scully v. Overall, 840 P.2d 1211 (Kan. Ct. App. 1992). “55-1602: “An interest in coal, oil, gas or other minerals, if unused for a period of 20 years, shall lapse, unless a statement of claim is filed in accordance with K.S.A. 55-1604, and the ownership shall revert to the current surface owner.”
— K.S.A. § 55-1604(b)(2) — 1 case
Scully v. Overall, 840 P.2d 1211 (Kan. Ct. App. 1992). “55-1602: “An interest in coal, oil, gas or other minerals, if unused for a period of 20 years, shall lapse, unless a statement of claim is filed in accordance with K.S.A. 55-1604, and the ownership shall revert to the current surface owner.”
— K.S.A. § 55-1604(b)(l) — 1 case
Scully v. Overall, 840 P.2d 1211 (Kan. Ct. App. 1992). “55-1602: “An interest in coal, oil, gas or other minerals, if unused for a period of 20 years, shall lapse, unless a statement of claim is filed in accordance with K.S.A. 55-1604, and the ownership shall revert to the current surface owner.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.