A. Prior to entering the site with heavy equipment, the operator shall negotiate with the surface owner for the payment of any damages which may be caused by the drilling operation. If the parties agree, and a written contract is signed, the operator may enter the site to drill. If agreement is not reached, or if the operator is not able to contact all parties, the operator shall petition the district court in the county in which the drilling site is located for appointment of appraisers to make recommendations to the parties and to the court concerning the amount of damages, if any. Once the operator has petitioned for appointment of appraisers, he may enter the site to drill.
B. Ten (10) days' notice of the petition to appoint appraisers shall be given to the opposite party, either by personal service or by leaving a copy thereof at his usual place of residence with some member of his family over fifteen (15) years of age, or, in the case of nonresidents, unknown heirs or other persons whose whereabouts cannot be ascertained, by publication in one issue of a newspaper qualified to publish legal notices in said county, as provided in Section 106 of Title 25 of the Oklahoma Statutes, said ten-day period to begin with the first publication.
C. The operator shall select one appraiser, the surface owner shall select one appraiser, and the two selected appraisers shall select a third appraiser for appointment by the court. Unless, for good cause shown, additional time is allowed by the district court, the three (3) appraisers shall be selected within twenty (20) days of service of the notice of the petition to appoint appraisers or within twenty (20) days of the first date of publication of the notice as specified in subsection B of this section. If either of the parties fails to appoint an appraiser or if the two appraisers cannot agree on the selection of the third appraiser within the required time period, the remaining required appraisers shall be selected by the district court upon application of either party. Before entering upon their duties, such appraisers shall take and subscribe an oath, before a notary public or some other person authorized to administer oaths, that they will perform their duties faithfully and impartially to the best of their ability. They shall inspect the real property and consider the surface damages which the owner has sustained or will sustain by reason of entry upon the subject land and by reason of drilling or maintenance of brine production on the subject tract of land. The appraisers shall then file a written report within thirty (30) days of the date of their appointment with the clerk of the court. The report shall set forth the quantity, boundaries and value of the property entered on or to be utilized in said brine drilling, and the amount of surface damages done or to be done to the property. The appraisers shall make a valuation and determine the amount of compensation to be paid by the operator to the surface owner and the manner in which the amount shall be paid. Said appraisers shall then make a report of their proceedings to the court. The compensation of the appraisers shall be fixed and determined by the court. The operator and the surface owner shall share equally in the payment of the appraisers' fees and court costs.
D. Within ten (10) days after the report of the appraisers is filed, the clerk of the court shall forward to each attorney of record, each party, and interested party of record, a copy of the report of the appraisers and a notice stating the time limits for filing an exception or a demand for jury trial as provided for in this section.
1. This notice shall be on a form prepared by the Administrative Director of the Courts, approved by the Oklahoma Supreme Court, and supplied to all district court clerks.
2. If a party has been served by publication, the clerk shall forward a copy of the report of the appraisers and the notice of time limits for filing either an exception or a demand for jury trial to the last-known mailing address of each party, if any, and shall cause a copy of the notice of time limits to be published in one issue of a newspaper qualified to publish legal notices as provided in Section 106 of Title 25 of the Oklahoma Statutes.
3. After issuing the notice provided herein, the clerk shall endorse on the notice form filed in the case the date that a copy of the report and the notice form was forwarded to each attorney of record, each party, and each interested party of record, or the date the notice was published.
E. The time for filing an exception to the report or a demand for jury trial shall be calculated as commencing from the date the report of the appraisers is filed with the court. Upon failure of the clerk to give notice within the time prescribed, the court, upon application by any interested party, may extend the time for filing an exception to the report or filing a demand for trial by jury for a reasonable period of time not less than twenty (20) days from the date the application is heard by the court. Appraisers' fees and court costs may be the subject of an exception, may be included in an action by the petitioner and may be set and allowed by the court.
F. The report of the appraisers may be reviewed by the court, upon written exceptions filed with the court by either party within thirty (30) days after the filing of the report. After the hearing, the court shall enter the appropriate order either by confirmation, rejection, modification or order of a new appraisal for good cause shown. Provided, that in the event a new appraisal is ordered, the operator shall have continuing right of entry subject to the continuance of the bond required herein. Either party may, within sixty (60) days after the filing of such report, file with the clerk a written demand for a trial by jury, in which case the amount of damages shall be assessed by a jury. The trial shall be conducted and judgment entered in the same manner as railroad condemnation actions tried in the court. If the party demanding the jury trial does not recover a verdict more favorable to him than the assessment award of the appraisers, all court costs including reasonable attorney fees shall be assessed against him.
Added by Laws 1990, c. 255, § 22, eff. Sept. 1, 1990.
Structure Oklahoma Statutes
Title 17. Corporation Commission
§17-2. Contempt proceedings - When authorized - Institution of prosecution - Notice.
§17-3. Pleadings, trial, judgment and appeal.
§17-5. Supreme Court to give precedence to such appeals.
§17-6. Judgment lien - Execution.
§17-6.1. Penalties - Willfully and knowingly injuring or destroying pipeline transportation system.
§17-7. Judgment of Supreme Court on appeal.
§17-8. Moneys to be paid into state treasury.
§17-9. Taxation of costs and fees.
§17-10. Attorney General to prosecute.
§17-11. Proceedings when no quorum present.
§17-13. Admission of evidence.
§17-16. Penalty for destroying records.
§17-18. Expert witnesses - Documentation of justification.
§17-31. Senior Utility Rate Analysts - Salary - Qualifications.
§17-32. Director of Administration - Qualifications - Duties.
§17-33. Administrative Aide - Salary - Powers and duties - Office location.
§17-34.2. Employees under Federal Underground Injection Control Project.
§17-35. Data Processing Division - Responsibilities - Support services - Director.
§17-37. Certain federal rules and regulations not to be enforced - Exceptions.
§17-39. Petty cash fund – Maximum amount - Administration.
§17-39.2. Remittances of taxes and fees – Service charges - Receipts - Deposit of money.
§17-40. Transportation Division.
§17-40.2. Electronic signatures.
§17-41. Cotton gins declared public utilities.
§17-42. License from Corporation Commission - Necessity - Showing - Fee.
§17-45. Appeals to Supreme Court.
§17-46. Regulations - Enforcement of orders.
§17-51. Oil and gas department established.
§17-53. Promulgation of rules - Plugging wells.
§17-53.1. Removal of surface trash and debris - Rules and regulations.
§17-53.3. Abandoned oil and gas well-site equipment - State lien.
§17-55. Use of frac tanks with unprotected manways prohibited.
§17-56. Inspections - Devices complying with act - Injunctions.
§17-57. Oil and Gas Division Revolving Fund.
§17-71. Passenger rate regulation - Power conferred upon commission.
§17-72. Effect of act - Amendment of Constitution - Vested rights.
§17-81. Jurisdiction of Corporation Commission over crossings.
§17-83. Procedure before Commission - Appeals.
§17-84. Location and kind of crossing.
§17-86. Extra hazardous crossings - Protective devices - Costs.
§17-87. Payment of state costs.
§17-91. Power of Corporation Commission respecting fences.
§17-115. Rules and regulations relating to safety, sanitation and shelter.
§17-116.2. Railroad company motor vehicles used to transport workers - Safe condition and operation.
§17-116.3. Rules and regulations establishing minimum standards.
§17-116.4. Hearings - Suggestions.
§17-116.5. Amendment of rules and regulations.
§17-116.7. Orders of commission.
§17-121. Commission has power of court of record regarding refunds.
§17-122. Judgment for overcharge - Lien - Collection.
§17-123. Appealed orders - Additional judgment for expenses of commission.
§17-124. Appeal regarding refunds.
§17-125. Unclaimed refunds - Administrations.
§17-132. Application for certificate - Notice.
§17-133. Grant or refusal of certificate - Protests.
§17-134. Repair, maintenance or reconstruction - Injury to or interference with shade trees.
§17-136. Extension of telephone service to open territories - Petition - Notice and hearing.
§17-137. Rates - Telephone companies not subject to local exchange rate regulation.
§17-137.3. Universal service fee.
§17-139.1. Coin-activated and credit card-activated telephones - Operating requirements.
§17-139.101. Short title - Oklahoma Telecommunications Act of 1997.
§17-139.106. Oklahoma Universal Service Fund.
§17-139.107. Administration of funds.
§17-139.108. Provisions applicable to OneNet and the Oklahoma Government Telecommunications Network.
§17-139.109.1. Special Universal Services – Eligibility – Competitive bidding - Funding.
§17-139.601. Wide Area Calling Plans - Expansion to include sole unincluded exchanges.
§17-140.2. Prohibition of certain pay-per-call services or interactive programs.
§17-140.3. Services to children under 12 years - Requirements.
§17-140.4. Rules and regulations.
§17-140.5. Provisions in conflict or inconsistent with Oklahoma Constitution.
§17-140.6. Amendments and alterations to constitution - Legislative intent.
§17-153. Implied and incidental powers of Commission - Contempt.
§17-154. Records of public utility business.
§17-155. Orders and rules of Commission - Scope - Right of appeal.
§17-158.23. Geographical areas.
§17-158.24. Fixing boundaries of certified territories - Protests - Hearings by Commission.
§17-158.25. Exclusive rights within territory - New electric-consuming facilities.
§17-158.26. Contracts between suppliers.
§17-158.28. Applicabilty of act.
§17-158.29. Annexation of area to city or town.
§17-158.30. Grand River Dam Authority excepted.
§17-158.31. Liberal construction.
§17-158.32. Section 437.2 of Title 18 not repealed - Provisions as cumulative.
§17-158.43. Affected area division procedure.
§17-158.44. Furnishing of retail electricity continued.
§17-158.45. Provisions in conflict or inconsistent with Constitution.
§17-158.52. Statement - Contents - Oath or affirmation - Amendments.
§17-158.53. Approval of acquisition of control - Public hearing.
§17-158.54. Notice of public hearing - Expenses and security.
§17-158.55. Domestic public utility - Filing application for approval - Exemption.
§17-158.56. Jurisdiction - Copies of lawful process.
§17-158.57. Corporation Commission power - Expenses of conducting analysis or investigation.
§17-158.58. Violations - Injunctions - Transmitting evidence - Criminal proceedings.
§17-158.59. Fines and penalties.
§17-158.60. Appeals - Precedence.
§17-158.61. Provisions in conflict or inconsistent with Constitution.
§17-158.66. Facilitating Internet Broadband Rural Expansion (FIBRE) Act – Pole attachment rates.
§17-159.12. Certificate of convenience and necessity required for water transportation lines.
§17-159.13. Rules and regulations for applications.
§17-159.14. Information to be furnished with application.
§17-159.15. Notice of receipt of application.
§17-159.16. Power to issue or refuse certificate - Protests.
§17-159.17. Provisions of certificate - Defaults.
§17-159.18. Assignment of certificate.
§17-159.20. Petition for service.
§17-159.21. Administrative Procedures Act to govern - Review.
§17-159.23. Restriction on owning or holding water rights.
§17-160.1. Ratemaking authority and general jurisdiction of Corporation Commission.
§17-160.2. Existing trusts to submit certain information - Rate orders.
§17-160.11. Oklahoma Wind Energy Development Act.
§17-160.12. Legislative findings.
§17-160.14. Decommissioning of wind energy facility.
§17-160.15. Required filing - Evidence of financial security.
§17-160.16. Statement to landowner.
§17-160.17. Inspection of records.
§17-160.18. Report to Corporation Commission.
§17-160.19. Insurance policies.
§17-160.20. Setback requirements.
§17-160.21. See the following versions:
§17-160.21v1. Notification of intent to build a facility.
§17-160.21v2. Notification of intent to build a facility.
§17-160.22. Authority to promulgate rules and set fees.
§17-161.1. Restrictions on charges for reselling electric current or natural gas.
§17-162. Administrative law judges - Powers - No additional compensation.
§17-164. Fees for rebates or refunds.
§17-166.1. Fees - Rules and regulations.
§17-166.2. Purchase of transcripts - Utilization of Oil and Gas Revolving Fund.
§17-167. Certificate of record showing as to oil and gas leases - Filing.
§17-168. Certificate as prima facie evidence - Burden of proof.
§17-179. Acts in conflict of interest by Commission members prohibited.
§17-180.1. Advertising expenses by public utilities.
§17-180.2. Public utilities - Promotional payments.
§17-180.4. Political activities prohibited - Exception.
§17-180.6. Intrastate transmission of telephone communication or message.
§17-180.7. Corporation Commission Revolving Fund.
§17-180.11. Assessment upon public utilities.
§17-183. Certificate to be obtained from Commission.
§17-185. Application - Filing - Examination - Issuance of certificate.
§17-186. Validation of securities or liens when certificate not obtained.
§17-188. Securities title not applicable.
§17-189. Rural electric cooperative corporations - Law not applicable.
§17-190. Addition of optical fiber to electric towers - Additional easement or license.
§17-190.2. Purpose of act - Goals of restructured electric utility industry.
§17-190.4. Study of and development of framework for electric utility industry restructuring.
§17-190.5. Study of impact of restructuring on tax revenues.
§17-190.8. Nondiscriminatory equivalent access to transmission and distribution facilities.
§17-190.9. Collection of municipal taxes by retail service distributors.
§17-190.21. Joint Electric Utility Restructuring Task Force.
§17-191.2. Procedure for acquisition, control or merger of certain domestic public utilities.
§17-191.4. Combination of statements.
§17-191.5. Conditions for disapproval of acquisition of control or merger - Hearing.
§17-191.6. Notice of hearing - Bond for payment of expenses.
§17-191.8. Court jurisdiction - Agent for service of process.
§17-191.9. Powers of Corporation Commission - Expenses of conducting analysis or investigation.
§17-191.10. Injunctions - Bond not required - Evidence.
§17-191.11. Violations - Penalties.
§17-191.12. Appeal to Supreme Court.
§17-191.13. Provisions in conflict or inconsistent with Oklahoma Constitution.
§17-200. Legislative intent - Competition.
§17-202. Authorization to enter business.
§17-205. Rules and regulations.
§17-206. Amendments and alterations to Constitution - Legislative intent.
§17-252. Monitoring of fuel adjustment clauses.
§17-253. Rules for considering adjustment applications.
§17-254. Disclosure in customer bills.
§17-255. Preexisting clauses to continue.
§17-256. Sections 251 to 255 not applicable to electric cooperatives.
§17-257. Electric generation cooperatives - Report of fuel adjustment clauses.
§17-258. Approval of purchased power adjustment clauses.
§17-259. Monitoring of application of adjustment clauses.
§17-260. Disclosure of per unit rate in consumer's bill.
§17-261. Preexisting purchased power adjustment clauses.
§17-262. Applications through common representative.
§17-263. Periodic detailed rate investigations.
§17-281. Responses to discovery requests.
§17-282. Settlement conferences.
§17-284. Rate increase applications - Effect given to known and measurable changes.
§17-285. Communications between utilities and customers.
§17-287. Development of wind energy - Expansion of transmission capacity.
§17-292. Rights of electric transmission owner.
§17-293. Local electric transmission facility.
§17-302. Legislative intent - Public policy.
§17-304.1. Exemption from certain aboveground tank requirements - Promulgation of new rules.
§17-306. Corporation Commission Petroleum Storage Tank Division - Powers and duties.
§17-306.1. Tanks containing petroleum products used for agricultural purposes - Permit fee.
§17-307. Corporation Commission - Rules governing storage tank systems.
§17-308. Permits - Registration - Fees - Inspection - Financial responsibility coverage.
§17-308.1. Storage tank systems for regulated substances - Permit fees - Penalties.
§17-309. Release from storage tank system - Corrective action.
§17-310.1. Notice to real property owners – Access to property - Compensation.
§17-311. Fines - Criminal violations.
§17-312. Enforcement of actions and remedies - Action for equitable relief - Jurisdiction - Relief.
§17-314. Annual report of new releases.
§17-315. Corporation Commission Storage Tank Revolving Fund.
§17-316. Ordinance or regulations in conflict with act prohibited.
§17-319. Underground Storage Tank Operator Training Program.
§17-321. Short title - Purpose - Scope.
§17-322. Petroleum Storage Tank Division - Jurisdiction - Director - Powers and duties.
§17-324. Petroleum Storage Tank Indemnity Fund – Expenditures – Administrator – Composition of fund.
§17-327.1. Assessment on motor fuel – Exemptions - Allocation.
§17-327.2. Duty to precollect assessment – Collection report.
§17-327.3. Reimbursement for allowable costs from an eligible release.
§17-327.4. Confidential records, reports or information.
§17-327.5. Indemnity Fund claim payments - Subrogation.
§17-330. Required procedures for hearing of protests.
§17-340. Storage Tank Advisory Council - Members - Quorum - Authority - Rules - Expenses.
§17-341. Unlawful to sell, offer for sale, use or consume regulated substances not in compliance.
§17-341.1. Fuel inspection and compliance personnel.
§17-341.2. Division employees – Prohibited from jobs or businesses in regulated field.
§17-342. Authority to promulgate rules and specifications.
§17-343. Inspection required for regulated substances and mixtures - Penalties.
§17-344. Refusal to admit inspector - Penalties.
§17-346. Duty to inspect fueling facilities.
§17-346.1. Duty to inspect measuring devices.
§17-346.2. Applicability to regulated substances in transit to other states.
§17-346.3. Noncompliance – Tampering with sign, lock or seal - Penalties.
§17-347. Ethanol or methanol label requirements.
§17-348.1. Adulterated antifreeze.
§17-348.2. Misbranded antifreeze.
§17-348.3. Sample analysis of antifreeze prior to sale – Annual permit application and fee.
§17-348.4. Enforcement by Petroleum Storage Tank Division.
§17-348.5. Authority to promulgate rules.
§17-348.6. List of brands and trademarks of antifreeze permitted.
§17-348.7. Advertising of antifreeze – Restricted statements.
§17-348.8. Fees deposited to credit of Corporation Commission Revolving Fund.
§17-348.9. Violations - Penalties.
§17-503. Corporation Commission - Jurisdiction - Rules and regulations - Exceptions.
§17-504. Utilization of brine rights - Application - Solution gas owners as respondents.
§17-505. Unitization of brine rights - Notice of application.
§17-506. Commission's findings - Evidence required - Orders.
§17-507. Delineation of unit area - Allocation of production.
§17-508. Plan of unitization - Provisions - Ratification by record owners - Election to sell.
§17-509. Amendment and modification of property rights and obligations - Distribution of production.
§17-510. Increase or decrease of unit area size.
§17-511. Liability of owner or lessee - Liens.
§17-513. Participation in plans by state and local land management boards.
§17-514. Taxation of unit production or sale proceeds.
§17-515. Purchasing priority of solution gas.
§17-516. Pre-existing brine, solution gas or brine and solution gas units - Effect of Act.
§17-520. Security for location damages - Filing - Entry upon property - Increase in security.
§17-524. Jurisdiction of Corporation Commission - Exception from repeal or limits.
§17-710.1. Electric Usage Data Protection Act.
§17-710.2. Legislative findings.
§17-710.4. Electric utilities – Customer information.
§17-710.5. Electric utilities – Usage data.
§17-710.6. Customer information - Affiliates.
§17-710.7. Aggregate customer usage information.
§17-710.8. Promulgation of rules.
§17-801. Legislative intent - Use of cedar trees and residue as renewable energy source.
§17-801.1. Oklahoma Energy Security Act.
§17-801.2. Legislative intent.
§17-801.4. Renewable energy standard.
§17-801.5. Natural gas energy standard.
§17-801.7. Construction of act.
§17-801.9. Hydrogen fuel production standard – Annual report.
§17-802.1. Oklahoma Energy Initiative Act.
§17-802.2. Oklahoma Low Carbon Energy Initiative - Duties.