Kansas Statutes Annotated

K.S.A. § 55-1605 (2026)

Notice of lapse by succeeding owner; contents; prima facie evidence, when

✓ current as of May 2026
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55-1605. Notice of lapse by succeeding owner; contents; prima facie evidence, when. Upon the lapse of a mineral interest under K.S.A. 55-1602, any person who will succeed to the ownership of the interest shall give notice of the lapse of the mineral interest by publishing notice of the lapse in a newspaper of general circulation in the county in which the land subject to the mineral interest is located, and, if the address of the owner of the mineral interest is shown of record or can be determined upon reasonable inquiry, by mailing a copy of the notice by restricted mail to the owner of the mineral interest within 10 days after publication. The notice shall state the name of the owner of the mineral interest, as shown of record; a description of the land subject to the mineral interest; and the name of the person giving the notice. If a copy of the notice, together with an affidavit of its publication and service, is promptly filed in the office of the register of deeds of the county where land subject to the interest is located, the record of the filing shall be prima facie evidence in any legal proceedings that the notice was given.

History: L. 1983, ch. 185, § 5; July 1.

CASE ANNOTATIONS

1. Cited in holding that mineral interest lapses and reverts if unused for 20 years and no claim filed per K.S.A. 55-1604. Scully v. Overall, 17 Kan. App. 2d 582, 585, 840 P.2d 1211 (1992).


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Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Scully v. Overall, 840 P.2d 1211 (Kan. Ct. App. 1992).
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Scully v. Overall, 840 P.2d 1211 (Kan. Ct. App. 1992). · cites it 4× ““(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.…”
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.