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NETAHLA v. NETAHLA

No. 109,297.

307 P.3d 269 (2013)

Larry NETAHLA and Janet Netahla Curtis, Appellants, v. Mike NETAHLA and Debra Francis, Appellees.

Court of Appeals of Kansas.

September 6, 2013.

Attorney(s) appearing for the Case

Robert R. Eisenhauer , of Johnston Eisenhauer & Eisenhauer, of Pratt, for appellants.

Josh V.C. Nicolay and Gordon B. Stull , of Stull & Beverlin, LLC, of Pratt, for appellees.

Before PIERRON, P.J., McANANY and ARNOLD-BURGER, JJ.

ARNOLD-BURGER, J.

Landowners seek a declaratory judgment that a determinable fee mineral interest scheduled to revert to them at such time as oil and/or gas is no longer produced from the land terminated under the deed provisions in 1985. However, the deed conveying the mineral interest incorporated a pre-existing oil and gas lease on the land that deemed the payment of shut-in royalties to be constructive production. Although oil and/or gas was not being produced...

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