- (a) An application for renewal of an existing easement or lease shall utilize the land office contract form and rate schedule, and adhere to rules in effect at the time renewal is requested. The grantee shall apply to the commissioner in accordance with §13.11 of this title (relating to Application), except that the location map, plat of survey, and cross sectional drawings need not be submitted unless specifically requested by the commissioner. The application should also include the existing miscellaneous easement number and the date of expiration of the easement. In an application for renewal of an existing pipeline easement, the provisions of §13.12(b)(1)(A) through (E) of this title (relating to Nature of Grant) shall not be applicable provided the grantee furnishes the General Land Office the line design strength, and normal working pressure.
- (b) Assignment may be made of any interest rights granted in whole or in part subject to the written approval of the commissioner. Any such assignment must be filed in triplicate accompanied by a written request for approval in which the assignee agrees to comply with all rules and regulations contained herein and in the contractual agreement. The application should also include the existing miscellaneous easement number and the date of expiration of said easement. A fee of $50 payable to the General Land Office must accompany the application for approval of an assignment. No assignment shall be effective to transfer any rights until approved by the commissioner, the grantee, and the assignee.
(c) Failure to comply with these rules subjects the easement or lease to termination by the commissioner.
- (1) Upon termination of any easement which is not reinstated by the commissioner, the grantee shall, within 120 days from said termination, remove all of its personal property and all structures and manmade improvements authorized in the easement or lease contract, provided all monies due have been paid. The commissioner at his option, may permit the grantee to leave in place all or a portion of grantee's personal property and any structures and manmade improvements authorized in the easement or lease contract. The grantee shall take whatever measures as are necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any structure thereon, except as otherwise approved in writing by the commissioner.
(2) The commissioner may consent to premature termination of all or part of any contractual agreement under any of the following conditions:
- (A) If the intended operation under contractual agreement is halted by any other governmental agency and such action is not due to action or failure to act by the grantee.
- (B) If upon application for termination, the grantee has satisfied all conditions of the contractual agreement precedent to date of termination, unless otherwise waived by the commissioner.
Source Note:The provisions of this §13.13 adopted to be effective January 1, 1976.