Oklahoma § 64-1083 - Abandoned municipality - Definition - Oil and gas leases

§ 64-1083. Abandoned municipality - Definition - Oil and gas leases

thereon.

(A) As used herein, "abandoned municipality" means any city,

town, or school district in and for which there is not, and has not

been for a period of one (1) year, any acting or functioning

governing board and no persons purporting or claiming to act as such

governing board: Provided, however, that a school district which

has been disorganized and its territory legally made a part of

another school district, by annexation, uniting, consolidation, or

otherwise, shall not be considered an "abandoned municipality"

within this act.

(B) Oil and gas mining leases of lands belonging to or under the

control of an abandoned municipality may be entered into and

executed in the following manner:

(1) Any legal resident of said abandoned municipality, or any

person desiring to offer to purchase an oil or gas mining lease or

leases of any lands owned by or belonging to any abandoned

municipality, may file a petition in the district court of the

county in which said abandoned municipality is located, alleging

that said municipality is an abandoned municipality as defined by

this act, stating the particular facts upon which said allegation is

based, and that there are lands belonging to said abandoned

municipality upon which it is desirable to execute an oil or gas

mining lease or leases, and requesting the appointment of a receiver

authorized to enter into such lease or leases as herein provided.

If said abandoned municipality is located in more than one county,

the petition shall be filed in the district court of the county in

which the greater portion of the area thereof is located.

(2) Notice of the filing of said petition and of the purpose

thereof, and of the date of the hearing to be held as provided

herein, shall be given by publication for three successive issues in

a weekly newspaper of general circulation in the county in which the

abandoned municipality is located, the first publication to be not

Oklahoma Statutes - Title 64. Public Lands

less than twenty-five (25) days prior to said hearing, and in

addition, such notice shall be posted not less than twenty-five (25)

days prior to said hearing at five public places within such

abandoned municipality.

(3) The district court shall hold a hearing at which any

interested person may appear in support of, or in opposition to, the

appointment of a receiver for the purpose of executing and entering

into an oil and gas mining lease or leases of lands belonging to or

under the control of the abandoned municipality. The district court

may continue said hearing from time to time without additional

notice.

(4) If the district court shall find that the municipality is an

abandoned municipality as defined by this act, and that there are

lands belonging to said abandoned municipality, and that there is a

person or persons desiring to secure an oil or gas mining lease or

leases upon such lands, or any part thereof, the court shall appoint

a receiver who shall have power and authority, upon approval by the

court, to enter into valid oil and gas mining lease or leases of

such lands to any person, firm, association, or corporation for oil

and gas development, said leases to be for the term and conditioned

as are leases executed by governing boards under the provisions of

Section 1, Chapter 8, Title 64, Session Laws 1943; and said leases

must be offered for sale and sold in the manner prescribed by

Section 2, Chapter 8, Title 64, Session Laws 1943.

(5) After said lease or leases have been executed by the

receiver, they shall be submitted to the district court for

approval, and the district court shall approve the same if they

comply with the provisions of this act.

(6) After said lease or leases have been executed by the

receiver and approved by the district court, and the said lease or

leases shall be recorded in each county in which any portion of said

lands may be located, and the receiver shall be discharged.

(7) All monies to which said abandoned municipality is entitled,

including rents, royalties, bonus payments, or any monies

whatsoever, under any lease entered into under the provisions of

this section, shall be paid to the county treasurer of the county in

which the petition was filed, and shall be by the county treasurer

deposited in a special account to the credit of said abandoned

municipality, to be disposed of as may now or hereafter be provided

by law.

(8) Any lessee, or the assignee of any lessee, under any lease

executed as provided in this section, who shall fail to pay any

monies to which said abandoned municipality is legally entitled

under the terms of said lease, to the county treasurer, shall be

guilty of a misdemeanor, and upon conviction thereof shall be fined

a sum of not more than Ten Thousand Dollars ($10,000.00).

Oklahoma Statutes - Title 64. Public Lands

(9) The district attorney shall have authority to enforce the

obligations of any lessee or the assignee thereof under any lease

entered into as prescribed by this section, by any legal proceeding

he may deem necessary, and he shall defend the interests of said

abandoned municipality in any action or proceeding in which the

interests of said abandoned municipality under said lease may be

adversely affected.

(10) If any municipality, after having been an abandoned

municipality, shall again have an acting, functioning, and duly

constituted governing board, said governing board shall assume

control of any lands belonging to said abandoned municipality, and

of any leases thereof, including those executed as provided by this

section, in the same manner and to the same extent as though said

leases had been executed and entered into by said governing board.

Added by Laws 1949, p. 438, § 1, emerg. eff. June 6, 1949.

Renumbered from § 407 of this title by Laws 2010, c. 41, § 135,

emerg. eff. April 2, 2010.