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15-73-204. Notice to lessee to release forfeited lease — Damages for failure to release.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-73-204. Notice to lessee to release forfeited lease — Damages for failure to release.
Any owner of lands upon which a lease for the development of oil or gas or other minerals has been given and the lessee forfeits his or her rights at any time to further prospect for such minerals upon the lands by reason of a failure to pay periodical rentals or failure to perform other conditions that nullify the lease as to lessee's rights therein may give written notice, served in the manner of a legal summons upon the lessee, demanding that the lessee execute and place on record a release which in effect will remove any cloud existing upon the title of the lands as provided in § 15-73-203. Upon failure of the lessee to comply with the notice, he or she shall be liable to the lessor or owner of the lands:
(1) In double damages in whatever sum the owner of the lands may sustain by reason of the cloud or encumbrances upon the lands, after thirty (30) days from the service of the notice, to be not less than two (2) annual rentals as fixed by the original lease; and
(2) For all costs, including a reasonable attorney's fee to be fixed by the court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-73-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:15-73-204
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ac64b5bf7b6d055abcf9555b1f25ad3893b20dc2016b380c928bb0642c43f716
Source location: content.xml paragraph 25018
Stored source content
15-73-204. Notice to lessee to release forfeited lease — Damages for failure to release.
Any owner of lands upon which a lease for the development of oil or gas or other minerals has been given and the lessee forfeits his or her rights at any time to further prospect for such minerals upon the lands by reason of a failure to pay periodical rentals or failure to perform other conditions that nullify the lease as to lessee's rights therein may give written notice, served in the manner of a legal summons upon the lessee, demanding that the lessee execute and place on record a release which in effect will remove any cloud existing upon the title of the lands as provided in § 15-73-203. Upon failure of the lessee to comply with the notice, he or she shall be liable to the lessor or owner of the lands:
(1) In double damages in whatever sum the owner of the lands may sustain by reason of the cloud or encumbrances upon the lands, after thirty (30) days from the service of the notice, to be not less than two (2) annual rentals as fixed by the original lease; and
(2) For all costs, including a reasonable attorney's fee to be fixed by the court.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-73-203. Forfeiture of oil, gas, or mineral leases — Duty of lessee to cancel or release.
(a) It shall be the duty of each person holding an oil, gas, or other mineral lease for prospecting and exploiting for oil, gas, or other minerals, upon any real estate in the State of Arkansas, upon forfeiting the rights to further prospect on the lands by failure to pay any rental or to perform any condition imposed by the terms of the lease on the lessee, or otherwise forfeiting the rights under the lease, upon the notice hereinafter prescribed in § 15-73-204 by the lessor, to execute a release to the grantor or otherwise remove any cloud or encumbrance on the title to the lands by reason of the forfeited lease.
(b)(1) However, it shall be sufficient if the lessee in the original lease, or his or her assignee of record, shall endorse on the margin of the record of the original lease a cancellation or release of the lease. Endorsing on the margin of the record of the original release such words as “Forfeited and Cancelled” followed by the date of entry and the signature of the owner of the lease of record, either the original lessee or the then owner by proper assignments of record, attested to by the recorder, shall be sufficient. No satisfaction or cancellation on the margin of the record shall be sufficient unless it is attested to by the recorder in person or by his or her deputy.
(2) No person shall be required to release of record any portion of an original lease which he or she does not own, but is responsible only for that portion of the lease to which he or she holds title of record.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-73-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-73-203. This identifies an authority to review, not proof of applicability.