Netahla v. Netahla, No. 109,297, 2013 Kan. App. LEXIS 76 (Kan. Ct. App. Sept. 6, 2013)

(landowners held a determinable fee mineral interest that would revert to them when oil and gas ceased to be produced from the land, and sought declaratory judgment that such provision terminated under 1985 provision in deed; court determined that deed conveying mineral interest incorporated pre-existing  oil and gas lease on the land that deemed payment of shut-in royalty to be constructive production; while no oil or gas production occurred at time of end of term of mineral deed, shut-in royalties continuously paid; court granted summary judgment to landowners because definition of production contained in lease incorporated into mineral deed; terms of mineral deed control).