State law reference
Do Mineral Rights Expire in New York?
Do mineral rights expire in New York? New York has no statewide dormant mineral statute. Real Property Law 329-a extinguished unclaimed severed mineral interests only inside Allegany State Park, through a one time claim window that closed on September 22, 2013. New York does have compulsory integration of oil and gas interests (ECL 23-0901).
Official text cited Researched and checked by American Mineral Registry against the official text; review completed October 1, 2026. Reference research, not legal advice.
- Rule type
- Registration or claim rules
- Period
- Fixed past dates
- Ends without a surface owner step
- Not applicable
- Preservation filing
- Not applicable
- Forced pooling statute
- Statute found
Official text cited - Surface damages statute
- No statute found
- Deceased or unlocated owner
- Partly checked
How the rule works
Allegany State Park only: one time 20 year oil and gas lapse (Real Property Law § 329-a), claim window closed September 22, 2013. Real Property Law § 329-a applies only to oil and gas interests severed from land now owned by the State within Allegany State Park. Any such interest unused for the 20 years immediately before September 23, 2011 was extinguished and reverted to the State unless a statement of claim was filed in the Cattaraugus County Clerk's office within two years. No statewide dormant mineral act or marketable title act was identified; outside the park, nonuse does not end a severed interest under any statute found.
What has to happen
Extinguishment and reversion to the State occurred by force of the statute for interests without a timely statement of claim. OPRHP had to publish notice of the enactment within 30 days and may publish and mail notice of lapse; a filed copy with an affidavit of service is prima facie evidence that notice was given (§ 329-a(4), (7)).
What counts as use or preserves the interest
Oil and gas produced
Operations conducted for injection, withdrawal, storage or disposal of water, gas or other fluid substances
Rentals or royalties paid by the owner to delay or enjoy the use or exercise of the rights
Use on any tract with which the interest is unitized or pooled for production
Taxes paid on the interest by the owner
Statement of claim filed by September 22, 2013; late filing saved only for inadvertence after diligent preservation of other interests in the county, within 60 days after notice of lapse or actual knowledge (§ 329-a(6))
Preservation filing
Statement of claim filed in the office of the clerk of Cattaraugus County within two years after September 23, 2011, giving the owner's name and address and a description of the land, accompanied by a copy of the instrument creating or reserving the interest; any co-owner may file for all (§ 329-a(5)).
Scope
- Interests covered
- Oil and gas interests created by grant, assignment, reservation or otherwise in oil and gas on or beneath lands owned by the State within Allegany State Park; a lease for a fixed term is excluded.
- Minerals covered
- Oil and gas only.
- Exceptions
A lease for a fixed term (§ 329-a(2))
All land outside Allegany State Park, and park land not owned by the State
- Enactment and amendments
- Added by Laws of 2011, chapter 501, § 2; became law September 23, 2011 and took effect immediately (§ 3). The statement of claim period expired September 22, 2013 according to OPRHP's public notice dated January 16, 2014.
Dates and what they mean
The deadlines in this rule were fixed dates in the past. There is no rolling period to calculate today.
The test used fixed dates: nonuse during the 20 years before September 23, 2011 and a claim deadline of September 22, 2013. A last use date cannot produce a future lapse date, and the rule never applied outside the park.
Deceased or unlocated owner
Partly checked What the law of New York says when the owner of record has died, is unknown, or cannot be found. It sets out the questions; it does not decide who owns an interest, whether a notice was valid, or whether an interest ended.
Why only partly checked. The Abandoned Property Law and any later amendment of ECL 23-0901 were not read.
New York has no statewide dormant mineral statute; Real Property Law § 329-a lapsed unused oil and gas interests only under State land in Allegany State Park, unless a statement of claim was filed within two years after September 23, 2011, and the legislature declared that its published notice gave unknown owners ample notice. Section 329-a speaks only of the owner and lets one co-owner file for all. Separately, compulsory integration under ECL § 23-0901 requires the operator to identify owners who remain unknown or cannot be located after diligent efforts and to hold their royalty in an interest bearing account until they are located or the property is deemed abandoned.
- Owner of record has died
- Section 329-a does not mention a deceased owner, heirs or devisees; it speaks of the owner and lets one co-owner file for all (P4). An ECL integration order binds all owners and their heirs, successors and assigns (P12). Neither text treats a deceased owner separately from an unknown one.
- Current owner unknown
- For the Allegany State Park lapse, the legislature declared that the act gave unknown owners ample notice (P3); notice was by publication, with mailing only where an address was of record or found on reasonable inquiry (P5, P6). In compulsory integration, tracts with unknown owners are listed, and royalty for an owner who cannot be determined after diligent efforts is held in an interest bearing account (P8, P9).
- Owner known but cannot be found
- Under § 329-a mailing is required where the address is of record or can be determined upon reasonable inquiry (P6). In compulsory integration, tracts whose owners cannot be located after diligent efforts are identified (P8); the escrow sentence speaks of an owner who cannot be determined and holds funds until the owner is located (P9).
How the nonuse rule treats these owners Statute
The only lapse statute found is Real Property Law § 329-a, limited to oil and gas interests under State land in Allegany State Park; an interest unused for twenty years before the 2011 effective date was extinguished and reverted to the State unless a statement of claim was filed within two years. The legislature declared that this gave unknown owners ample notice. No statewide dormancy statute was found (October review).
Statute
Section 329-a applies only to oil and gas interests severed from land the State now owns within Allegany State Park. N.Y. Real Prop. Law § 329-a (opening paragraph)
“The provisions of this section shall apply to oil and gas interests that were previously severed from interests in lands that are currently owned by the state within Allegany state park.”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read.
An interest unused for twenty years before the section took effect was extinguished and reverted to the State unless a statement of claim was filed within two years. N.Y. Real Prop. Law § 329-a(1)
“Any interest in oil and gas shall, if unused for a period of twenty years immediately prior to the effective date of this section, be extinguished, and the ownership thereof shall revert to the state, unless a statement of claim is filed within two years after the effective date of this section”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read.
The legislature declared that the act gives unknown owners ample notice of the potential lapse and ample opportunity to assert their claims. L. 2011, ch. 501, § 1
“The provisions of this act provide ample notice to the unknown owners of the potential lapse of their rights as well as ample opportunity to assert their claims.”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read. A legislative declaration; it does not itself set a notice procedure.
Heirs, devisees and successors Statute
Section 329-a speaks only of the owner and lets any one co-owner file for all owners; it does not mention heirs. An integration order under ECL § 23-0901 binds owners and their heirs, successors and assigns.
Statute
The statement of claim was to be filed by the owner, and any one co-owner could file it for all owners. N.Y. Real Prop. Law § 329-a(5)
“Where such an interest is co-owned by more than one party, any one owner may file the statement of claim on behalf of all owners.”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read. The section does not mention heirs, devisees or a deceased owner.
The recorded integration order binds the operator, all owners and their heirs, successors and assigns. N.Y. Envtl. Conserv. Law § 23-0901(3)(e)
“such order shall be final and binding upon the well operator, all owners and their heirs, successors and assigns.”
Scope: Compulsory integration of uncontrolled owners in a spacing unit under Environmental Conservation Law § 23-0901(3), statewide for oil and gas wells. Page version published September 22, 2014. Statutory text only; no decision construing these sentences was read.
Search required to find the owner Statute
Section 329-a requires mailing of the lapse notice to an address shown of record or determinable upon reasonable inquiry. ECL § 23-0901 requires the operator's diligent efforts before an owner is treated as unknown or unlocated.
Statute
After the claim period the parks office may publish notice of lapse and must mail a copy if the owner's address is shown of record or can be determined upon reasonable inquiry. N.Y. Real Prop. Law § 329-a(7)
“by publishing the same in a newspaper of general circulation in the county of Cattaraugus, and, if the address of such oil and gas interest owner is shown of record or can be determined upon reasonable inquiry, by mailing within ten days after such publication a copy of such notice to the owner”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read.
In compulsory integration the operator must identify each tract whose owners remain unknown or cannot be located after diligent efforts. N.Y. Envtl. Conserv. Law § 23-0901(3)(c)
“If applicable, such list shall also identify each tract where the owners remain unknown or cannot be located after diligent efforts by the well operator.”
Scope: Compulsory integration of uncontrolled owners in a spacing unit under Environmental Conservation Law § 23-0901(3), statewide for oil and gas wells. Page version published September 22, 2014. Statutory text only; no decision construing these sentences was read.
Who gets notice, and how Statute
Section 329-a notice of lapse is published and mailed to a record or reasonably determinable address. In integration the operator gives actual notice to all uncontrolled owners plus notice by publication.
Statute
After the claim period the parks office may publish notice of lapse and must mail a copy if the owner's address is shown of record or can be determined upon reasonable inquiry. N.Y. Real Prop. Law § 329-a(7)
“by publishing the same in a newspaper of general circulation in the county of Cattaraugus, and, if the address of such oil and gas interest owner is shown of record or can be determined upon reasonable inquiry, by mailing within ten days after such publication a copy of such notice to the owner”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read.
Before the integration hearing the operator gives actual notice to all uncontrolled owners and notice by publication as the department prescribes. N.Y. Envtl. Conserv. Law § 23-0901(3)(c)
“provide actual notice of the hearing to all uncontrolled owners wholly or partially within the spacing unit and shall provide notice by publication in a form and manner prescribed by the department.”
Scope: Compulsory integration of uncontrolled owners in a spacing unit under Environmental Conservation Law § 23-0901(3), statewide for oil and gas wells. Page version published September 22, 2014. Statutory text only; no decision construing these sentences was read.
Notice by publication Statute
Section 329-a required publication of the new law in three Cattaraugus County newspapers within thirty days, and permits later publication of lapse notices. Integration notice by publication is in a form and manner the department prescribes.
Statute
Within thirty days after enactment the parks office was to publish notice of the law in three successive issues of three Cattaraugus County newspapers. N.Y. Real Prop. Law § 329-a(4)
“Within thirty days after the effective date of this section, the office of parks, recreation and historic preservation shall cause to be published in three successive issues of three newspapers of general circulation published in the county of Cattaraugus, a notice announcing the enactment of the provisions of this section”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read.
After the claim period the parks office may publish notice of lapse and must mail a copy if the owner's address is shown of record or can be determined upon reasonable inquiry. N.Y. Real Prop. Law § 329-a(7)
“by publishing the same in a newspaper of general circulation in the county of Cattaraugus, and, if the address of such oil and gas interest owner is shown of record or can be determined upon reasonable inquiry, by mailing within ten days after such publication a copy of such notice to the owner”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read.
Before the integration hearing the operator gives actual notice to all uncontrolled owners and notice by publication as the department prescribes. N.Y. Envtl. Conserv. Law § 23-0901(3)(c)
“provide actual notice of the hearing to all uncontrolled owners wholly or partially within the spacing unit and shall provide notice by publication in a form and manner prescribed by the department.”
Scope: Compulsory integration of uncontrolled owners in a spacing unit under Environmental Conservation Law § 23-0901(3), statewide for oil and gas wells. Page version published September 22, 2014. Statutory text only; no decision construing these sentences was read.
How the owner responds or preserves Statute
Under § 329-a the owner preserved the interest by filing a statement of claim in the Cattaraugus County clerk's office within two years; a late filing within sixty days after a lapse notice or actual knowledge saves an interest lost through inadvertence if the other conditions are met.
Statute
An interest unused for twenty years before the section took effect was extinguished and reverted to the State unless a statement of claim was filed within two years. N.Y. Real Prop. Law § 329-a(1)
“Any interest in oil and gas shall, if unused for a period of twenty years immediately prior to the effective date of this section, be extinguished, and the ownership thereof shall revert to the state, unless a statement of claim is filed within two years after the effective date of this section”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read.
The statement of claim was to be filed by the owner, and any one co-owner could file it for all owners. N.Y. Real Prop. Law § 329-a(5)
“Where such an interest is co-owned by more than one party, any one owner may file the statement of claim on behalf of all owners.”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read. The section does not mention heirs, devisees or a deceased owner.
A late statement of claim saves an interest lost through inadvertence if filed within sixty days after the lapse notice or after actual knowledge, and the owner preserved other interests in the county. N.Y. Real Prop. Law § 329-a(6)(b), (c)
“(b) failed to preserve such interest through inadvertence; and (c) filed the statement of claim required by this section within sixty days after publication of notice as provided in subdivision seven of this section or, if no such notice is published, within sixty days after receiving actual knowledge that such oil and gas interest had been extinguished.”
Scope: Only oil and gas interests severed from land now owned by the State within Allegany State Park (Real Property Law § 329-a, L. 2011, ch. 501, effective September 23, 2011). Not a statewide rule. Statutory text only; no decision construing it was read. Subdivision 6(a) also requires a diligent effort to preserve, and actual preservation of other interests in the county.
Court, receivership or trust for missing owners Statute
ECL § 23-0901 compulsory integration: an owner who does not elect becomes an integrated royalty owner, tracts with unknown or unlocatable owners are identified, and royalty for an owner who cannot be determined after diligent efforts is held by the operator in an interest bearing account until the owner is located or the property is deemed abandoned.
Statute
In compulsory integration the operator must identify each tract whose owners remain unknown or cannot be located after diligent efforts. N.Y. Envtl. Conserv. Law § 23-0901(3)(c)
“If applicable, such list shall also identify each tract where the owners remain unknown or cannot be located after diligent efforts by the well operator.”
Scope: Compulsory integration of uncontrolled owners in a spacing unit under Environmental Conservation Law § 23-0901(3), statewide for oil and gas wells. Page version published September 22, 2014. Statutory text only; no decision construing these sentences was read.
Royalty owed to an integrated royalty owner who cannot be determined after diligent efforts is held by the operator in an interest bearing account until the owner is located or the property is deemed abandoned. N.Y. Envtl. Conserv. Law § 23-0901(3)(c)
“cannot be determined after diligent efforts by the well operator and such owner is integrated as an integrated royalty owner, the well operator shall hold the royalty percentage payable to such integrated royalty owner in an interest bearing account for such integrated royalty owner until the owner is located or the property is deemed abandoned, whichever comes first.”
Scope: Compulsory integration of uncontrolled owners in a spacing unit under Environmental Conservation Law § 23-0901(3), statewide for oil and gas wells. Page version published September 22, 2014. Statutory text only; no decision construing these sentences was read. The section does not say in these words which law decides when the property is deemed abandoned.
An owner who makes no election becomes an integrated royalty owner. N.Y. Envtl. Conserv. Law § 23-0901(3)(a)(3)
“"Integrated royalty owner" means an owner who has either elected to be an integrated royalty owner or who does not elect to become either a participating owner or a non-participating owner.”
Scope: Compulsory integration of uncontrolled owners in a spacing unit under Environmental Conservation Law § 23-0901(3), statewide for oil and gas wells. Page version published September 22, 2014. Statutory text only; no decision construing these sentences was read.
What a title review must establish
- Does the interest lie under State land in Allegany State Park; if not, § 329-a does not apply.
- Was a statement of claim filed in the Cattaraugus County clerk's dormant oil and gas interest record within the two year window, or a late claim within sixty days?
- Did the parks office publish and record a lapse notice and affidavit of service for this interest?
- Is the tract in a spacing unit under an ECL § 23-0901 integration order, and is the owner listed as unknown or unlocated?
- Is royalty for this owner held in an operator's interest bearing account, or has it been treated as abandoned property?
- Who are the owner's heirs, successors or assigns bound by the integration order?
Dates. Section 329-a: unused "for a period of twenty years immediately prior to the effective date of this section"; statement of claim "within two years after the effective date"; enactment notice "Within thirty days after the effective date"; lapse notice mailed "within ten days after such publication"; late claim "within sixty days after publication of notice" or "within sixty days after receiving actual knowledge". The section took effect immediately on September 23, 2011 (L. 2011, ch. 501, § 3). ECL § 23-0901(3)(c): actual notice "no later than thirty days prior to the date of the integration hearing"; escrow lasts "until the owner is located or the property is deemed abandoned, whichever comes first". Nothing is computed here. The rule finder does not calculate this period.
What AMR searched. Read: Real Property Law § 329-a in full; L. 2011, ch. 501 (title, enactment line and § 1); ECL § 23-0901(3) opening through paragraph c. NY Senate pages was not available when AMR checked and were read through Internet Archive copies; the ECL page states version published September 22, 2014. CourtListener search for 329-a or Allegany State Park with oil and gas listed U.S. Energy Development Corp. v. New York State Department of Environmental Conservation (App. Div. 2014) and Watters v. People (Sup. Ct. 1960); neither opinion could be opened (CourtListener blocked further requests), so neither was read or relied on. Not reviewed: the Abandoned Property Law, the Real Property Actions and Proceedings Law article 15, Surrogate's Court procedure, and the remainder of ECL article 23. A point marked not addressed means only that the provisions read do not address it; probate, quiet title and other general procedures may still apply and were not reviewed.
Not settled by this review.
Read U.S. Energy Development Corp. v. NYS DEC (App. Div. 2014) to see whether it construes § 329-a or Allegany State Park mineral rights.
Which law decides when escrowed integration royalty is "deemed abandoned" under ECL § 23-0901(3)(c), and to whom it is then paid; the Abandoned Property Law was not read.
Whether ECL § 23-0901 has been amended since the September 22, 2014 version shown, and whether DEC rules define "diligent efforts".
Whether a deceased owner's heirs could file the § 329-a statement of claim as "owner"; the section does not say.
Checked October 6, 2026. Also in the dormant mineral rule finder.
Forced pooling
Official text cited Yes. ECL § 23-0901 requires the Department of Environmental Conservation, absent voluntary integration and after notice and hearing, to issue an order integrating all tracts or interests in a spacing unit. Uncontrolled owners elect to be participating, non participating (cost recovery plus a 200 percent risk penalty) or integrated royalty owners (lowest lease royalty in the unit, at least one eighth).
Surface damages
No statute found No New York statute requiring oil and gas operators to notify and compensate surface owners was found.
Searched: ECL Article 23 title list (Titles 1 to 27) and the section lists of Titles 3, 5 and 9, archived 2025; no title or section addresses surface owner notice or compensation. Section texts other than § 23-0901 were not read and no full text search was possible.
Taxes
Broad personal income tax: yes. Nonresidents owe New York State tax on rents and royalties from real property located in New York State, whether or not the property is used in a business, and part-year residents also pay tax on all income received while resident. Official text cited Source and notes.
Severance or production tax. Not part of AMR’s October 2026 tax review, which covered 25 producing states; that is not a finding that New York levies none. Use the state revenue agency’s own pages.
Not tax advice. Rates change and the cited source controls.
Sources for the dormant mineral rule
Each source was read on the date shown. Where an official site was not available, the official page was read through a dated Internet Archive copy and that is stated.
- N.Y. Real Prop. Law § 329-a(1)
“Any interest in oil and gas shall, if unused for a period of twenty years immediately prior to the effective date of this section, be extinguished, and the ownership thereof shall revert to the state, unless a statement of claim is filed within two years after the effective date of this section”
- L. 2011, ch. 501, §§ 1 to 3
“Became a law September 23, 2011, with the approval of the Governor. ... § 3. This act shall take effect immediately.”
- OPRHP public notice dated January 16, 2014
“The time within which to file a statement of claim expired on September 22, 2013.”
Open questions for a specialist
This review did not settle these points. They are where a New York title attorney or landman should look first.
Any litigation over § 329-a or later amendments was not checked; the nysenate.gov version note is September 22, 2014.
Whether separately assessed oil and gas rights elsewhere in New York can be lost through real property tax enforcement was not researched.
Common questions
Can mineral rights lapse in New York?
Only through its registration rules. New York set deadlines for recording or claiming certain interests, and there is no rolling nonuse period. Whether a deadline still applies to your interest is under How the rule works.
Does New York allow forced pooling?
Yes. New York has a forced pooling statute, summarized with its citation under Forced pooling above.
Does New York require payment for surface damage?
A search of New York’s official code found no surface damages statute of that kind. Leases, deeds and general law can still give the surface owner a claim.
What changed
The June 2026 edition listed New York as Does not lapse, lapse period none. Release 2026.10 replaced that entry with the reviewed rule above, and retired the June risk score and ranking for every state. Release 2026.10.1 added the deceased or unlocated owner section. See all changes.
Cite this page
American Mineral Registry. "Do Mineral Rights Expire in New York?" U.S. Mineral Rights Law Atlas, release 2026.10.1, October 6, 2026. https:// americanmineralregistry.com/ research/ states/ do-mineral-rights-expire-in-new-york
[Do Mineral Rights Expire in New York?](https:// americanmineralregistry.com/ research/ states/ do-mineral-rights-expire-in-new-york), U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
<a href="https:// americanmineralregistry.com/ research/ states/ do-mineral-rights-expire-in-new-york">Do Mineral Rights Expire in New York?</ a>, U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
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title = {Do Mineral Rights Expire in New York?},
howpublished = {U.S. Mineral Rights Law Atlas, release 2026.10.1},
date = {2026-10-06},
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General information about statutes, not legal advice and not a title opinion. Facts about a specific interest decide the outcome. Published by American Mineral Registry, which also runs a commercial service for owners; see how the two relate.