A. It shall be unlawful for any person, firm, corporation or entity to conduct any seismic test hole blasting within two hundred (200) feet of any habitable dwelling, building or water well without written permission from the owner of the property.
B. The surface owner shall be entitled to reasonable damages that have been or will be sustained to the surface estate by reason of the operator's seismic exploration.
C. At least fifteen (15) days prior to commencement of seismic exploration, the operator shall provide the notice to the surface owner required by Section 318.22 of this title, and, in the absence of an agreement between the surface owner and the operator as to seismic exploration, operator and surface owner shall make a good-faith effort to resolve any reasonable damage issues raised by the surface owner by reason of operator's seismic exploration.
D. The surface owner may accept the offer in the notice required by Section 318.22 of this title by accepting the offer in writing to the operator within fifteen (15) days of the postmark of the notice. By the timely acceptance of such offer, the surface owner shall be deemed to have accepted and agreed to such offer as full consideration for all reasonable damages by reason of the operator's seismic exploration and the operator may commence seismic operations. The operator shall, upon receipt of the surface owner's timely acceptance of the offer in the notice, remit the appropriate consideration to the surface owner. The surface owner's acceptance of such offer and consideration shall not prohibit the surface owner from attempting to recover damages which are unreasonable and caused by reason of the operator's seismic exploration on the surface estate of the surface owner.
E. If prior to the expiration of the fifteen-day notice period set forth in Section 318.22 of this title, the surface owner rejects the amount tendered with the notice required by Section 318.22 of this title in writing to the operator, or the surface owner fails to make a timely acceptance of the offer contained in the notice, then the surface owner will be deemed to have rejected the offer tendered with the notice, and the operator may enter the property and commence seismic operations.
F. Within ninety (90) days of the last mailing of the notice described herein, the applicant shall file an affidavit setting out that mailing of the notice has occurred in compliance with Section 318.22 of this title, and specifically listing the surface owners which were not locatable at the addresses required. Further, in the event that any surface owner is not locatable at the addresses, then such surface owner will be deemed as having rejected the offer provided in the notice required under Section 318.22 of this title.
G. If the surface owner has properly rejected or has been deemed to have rejected the amount tendered with the notice required by Section 318.22 of this title, the surface owner may initiate an action pursuant to The Small Claims Procedure Act or a civil action pursuant to the Oklahoma Pleading Code, as appropriate, to recover the reasonable damages, if any, actually sustained by reason of the operator's seismic exploration. Venue for such action shall properly be in the county where the surface estate is located.
H. If an action to recover the reasonable damages is commenced pursuant to subsection G of this section and a judgment is entered in the action for the surface owner for reasonable damages by reason of the operator's seismic exploration in an amount in excess of the amount set forth in the notice required by Section 318.22 of this title, the surface owner shall be considered the prevailing party; if the judgment entered for reasonable damages by reason of the operator's seismic exploration is for an amount equal to or less than the amount set forth in the notice required by Section 318.22 of this title, the operator shall be considered the prevailing party. The prevailing party in any court proceeding brought pursuant to this section shall be entitled to recover the costs of the suit, including but not limited to reasonable attorney and expert witness fees and litigation expenses. If the action should be dismissed other than by way of settlement prior to the entry of judgment, then the surface owner shall forfeit its right to receive any consideration for all reasonable damages by reason of the operator’s seismic exploration.
I. Nothing in the Seismic Exploration Regulation Act shall modify or restrict an operator's right to enter a surface estate and conduct seismic exploration thereon pursuant to the operator's right to conduct seismic exploration. Additionally, nothing in the response or deemed response of a surface owner to any notice required by Section 318.22 of this title shall restrict or otherwise affect an operator's right to enter a surface estate and conduct seismic operations thereon.
Added by Laws 1998, c. 354, § 3, emerg. eff. June 5, 1998. Amended by Laws 2012, c. 220, § 3, eff. Nov. 1, 2012; Laws 2012, c. 229, § 3, emerg. eff. May 9, 2012.
NOTE: Laws 2012, c. 220, § 3 and Laws 2012, c. 229, § 3 made identical changes to this section.
Structure Oklahoma Statutes
§52-1. Corporation Commission or Commission defined.
§52-1.1. Corporations for producing, transmitting or transporting natural gas.
§52-2. Foreign gas pipeline corporations - License.
§52-4. Right-of-way must be granted by charter and damages paid - Damages.
§52-5.1. Cooperation with other agencies.
§52-5.2. Deposit of monies collected in Corporation Commission Revolving Fund.
§52-7. Necessity of incorporation.
§52-8. Plat and information showing trunk lines - Filing with Corporation Commission.
§52-9. Domestic pipeline companies - Erection of pumping stations.
§52-10. Pipeline companies may cross highways, bridges, etc. - Supplying gas to landowner.
§52-21. Businesses and persons subject to act - Vested rights excepted.
§52-22. Pipeline right-of-way - Eminent domain - Highways.
§52-23. Pipeline operators common purchasers - Requirements - Exemptions.
§52-24. Pipeline companies declared common carriers - Discrimination - Exemptions.
§52-24.1. Refusal to purchase or transport natural gas - Complaint - Hearing - Orders.
§52-24.5. Discriminatory fees – Open access – Commission authority.
§52-25. Parties not complying with act not to own gas wells, etc.
§52-27. Right-of-way - Highways - Eminent domain - Foreign corporations - Negligent injuries.
§52-28. Filing records or plats with Corporation Commission - Extension of time.
§52-29. Production levels of gas wells - Rulemaking - Hardship wells - Field rules.
§52-31. Violation of act - Punishment.
§52-32. Violations - Receivership - procedure.
§52-33. Evidence - Certified transcripts of reports of gas companies.
§52-34. Enforcement by Corporation Commission - Appeals.
§52-36.2. Public interest and welfare.
§52-36.4. Certificate of Commission.
§52-36.5. Petition to district court - Examination and determination - Subsequent proceedings.
§52-41. Gas from interstate pipelines - License from Corporation Commission.
§52-44. Gas to be furnished through meters at meter rates - Exceptions.
§52-45. Violations of act misdemeanor - Punishment.
§52-46.1. Ammonia - Commercial fertilizers - Transportation by pipeline.
§52-46.2. Hearing and determination of applications - Appeals.
§52-46.4. Rules and regulations.
§52-47.3. Powers and duties of Commission.
§52-47.4. Inspection, operation and maintenance plan.
§52-47.5. Determination of hazardous transportation system - Corrective action - Emergencies.
§52-47.6. Violations - Penalties.
§52-47.7. Action to redress or restrain violation.
§52-51. Oil companies must comply with statute - "Petroleum" defined.
§52-54. Common purchasers of oil - Required to purchase - Discrimination prohibited.
§52-55. Chapter inapplicable to businesses not of public consequence.
§52-56. Oil carriers are common carriers - Discrimination prohibited.
§52-57. Oil carriers not to be interested in producing.
§52-58. Acceptance of laws and plats to be filed.
§52-59. Domestic pipeline companies have right-of-way.
§52-60. Eminent domain extended to oil pipelines same as railroads.
§52-61. Eminent domain, who may have - Foreign corporations.
§52-62. Commission may extend time for filing plats.
§52-63. Penalty for violations.
§52-64. Suspension of penalty, when.
§52-65. Certified transcript shall be evidence.
§52-86.2. Waste in production of oil - industrial use of water produced
§52-86.4. Common source of supply - Orders, rules and regulations.
§52-86.5. Procedural requirements.
§52-86.6. Short title - Oil and Gas Produced Water and Waste Recycling and Reuse Act.
§52-86.8. Compliance with the Oklahoma Brine Development Act.
§52-87.1. Common source of supply of oil - Well spacing and drilling units.
§52-87.3. Application or petition for location exception - Notice of hearing.
§52-87.4. Affidavit of election for drilling well under pooling order.
§52-87.5. Applications for approval of increased density wells – Notice and hearing.
§52-87.6. Short title - Extended Horizontal Well Development Act - Definitions.
§52-87.7. Corporation Commission jurisdiction.
§52-87.9. Horizontal well unitization for targeted reservoirs.
§52-91. Meters on pipelines - Commission to designate type - Inspection - Cost of operation.
§52-92. Reports - Oil purchased or transported - Forms - Verification.
§52-93. Operators - Books - Oil produced and sold.
§52-94. Maps and drawings - Location of pipelines and connections - Verification.
§52-95. Reports - Quantity of oil produced and moved - Penalty.
§52-96. Verification of reports, statements, maps and drawings.
§52-97. Commission - Jurisdiction to make orders, rules and regulations - Hearings.
§52-98. Powers of Commission - Marshal of Commission.
§52-99. Filing of papers and documents - Use as evidence.
§52-100. Witnesses - Depositions.
§52-101. Procedure - Rules of - Enforcement of orders and rules.
§52-102. Contempt - Punishment - Enforcement of fines - Disposition of fines and penalties.
§52-103. Contempt - Proceedings - How commenced - Complaint - Citation.
§52-104. Right of entry and inspection by conservation officer, his assistants and deputies.
§52-106. Notice on filing of motion or petition.
§52-107. Process - Service - How made - Return.
§52-108. Oaths - Felony of perjury.
§52-109. False verification of documents as perjury - Punishment.
§52-111. Collateral attack on orders, rules and regulations - Appeals - Supreme Court.
§52-112. Application to amend or modify orders - Hearing - Appeal.
§52-113. Appeals - Power of Supreme Court - Supersedeas - Bond.
§52-114. Obstructing or delaying performance of duties a felony.
§52-115. Conspiracy to violate act - Punishment.
§52-116. Violation of orders, rules and regulations - Injunction - Appeal - Supersedeas.
§52-117. Bribery - Punishment.
§52-118. Bribery - Accepting bribe - Punishment.
§52-119. Bribery - State's evidence - Immunity.
§52-120. Powers - Grant of not to restrict general powers.
§52-132. Office of Management and Enterprise Services - Rooms and supplies.
§52-134. Partial invalidity - Effect.
§52-135. Pending actions not terminated.
§52-136. Application of procedural requirements - Right of appeal - Rules and regulations.
§52-138. Partial invalidity, effect of.
§52-140. Earthen storage ponds - Remedial action.
§52-142. Cooperation and assistance of other environmental agencies.
§52-144. Provisions supplemental - Exceptions.
§52-146. Right of condemnation by eminent domain to enforce Commission orders.
§52-147. Institution of condemnation proceedings by lessees.
§52-149. Conservation Division - Creation - Personnel - Duties - Qualifications.
§52-149.1. Oil and gas referees.
§52-149.2. Oil and Gas Appellate Referees.
§52-149.3. Teleconference hearings.
§52-152. Salaries, costs and expenses - Payment.
§52-153. Persons having authority to make investigations, serve orders, etc.
§52-202. Interstate compacts - When binding.
§52-203. Interstate Compact ratified and confirmed.
§52-204. Terms and provisions of compact.
§52-206. Clerical, technical and legal assistants - Expenses - Office.
§52-207. Interstate Oil Compact Fund - Purpose for which used - Disposition of unexpended balance.
§52-208. Duration of Act - Withdrawal from Compact - Credit of funds to General Revenue Fund.
§52-211. Further extensions - Withdrawal from Compact - Determination and necessary steps.
§52-233. Sale of gas - Prices and amounts of gas to be taken - Delivery.
§52-234. Misappropriation of gas - Liability for damages and penalties.
§52-235. Misappropriation of gas - Felony of grand larceny.
§52-239. Common source of supply - Apportionment and regulation to prevent waste.
§52-240. "Common purchaser" - Discrimination in purchases prohibited - Regulation of purchases.
§52-241. Enforcement of act - Hearings before Corporation Commission.
§52-242. Appeals to Supreme Court.
§52-243. Corporation Commission - Authority to make rules and regulations.
§52-244. Pipeline companies - Acceptance of act as prerequisite to right to operate.
§52-245. Mine Inspector - Duties unchanged.
§52-246. Partial invalidity - Effect.
§52-247. Violation - Penalties.
§52-248. Declaration of policy.
§52-250. Natural gas - Pumping of water for irrigation - Preferred use.
§52-251. Prices, terms and conditions - Determination.
§52-253. Initiation of proceedings.
§52-254. Obligation of well operators.
§52-255. Controversies pending.
§52-257. Order granting emergency relief.
§52-272. Production and sale regulated - Corporation Commission, authority of.
§52-273. Waste defined - Regulations to prevent.
§52-275. Wells gauged - Regulation by Corporation Commission - Agents.
§52-276. Enforcement of act - Hearings before Corporation Commission.
§52-277. Appeals to Supreme Court - Effect on orders.
§52-278. Violation - Penalties.
§52-287.1. Legislative finding.
§52-287.2. Power and authority of Commission.
§52-287.3. Matters to be found by Corporation Commission - Requisites of petition.
§52-287.4. Order - Units and unit areas - Plan of unitization.
§52-287.5. Ratification or approval of plan by lessees and owners.
§52-287.6. Procedure - Notice - Appeals.
§52-287.7. Unlawful operation.
§52-287.8. Status and powers of unit - Liability for expenses - Liens.
§52-287.10. Enlargement of area - Creation of new units - Amendment of plan.
§52-287.11. Participation by public lands.
§52-287.12. Receipts as income.
§52-287.15. Agreements not violative of laws governing monopolies or restraint of trade.
§52-288.3. Oklahoma Energy Resources Board.
§52-288.5. Board - Powers, duties and responsibilities.
§52-288.5A. Committee for Sustaining Oklahoma's Energy Resources.
§52-288.5B. Sustaining Oklahoma's Energy Resources Revolving Fund.
§52-288.5D. Levying fee to fund Commission.
§52-288.5E. Refund of fees levied on production.
§52-288.7. Energy Resources Revolving Fund.
§52-288.8A. Levy of assessment - Remitting - Rate - Collection.
§52-288.11. Investment of funds - Utilizing funds to influence governmental action or policy.
§52-291. Confinement of gas until used.
§52-292. Waste from gas pipeline - Unlawful if unnecessary.
§52-293. Flambeau lights unlawful.
§52-294. Lights - Daytime use prohibited.
§52-295. Burning gas during day.
§52-296. Refuse from wells - Disposition.
§52-296.1. Securing of crude oil storage tanks.
§52-302. Firing oil or gas, or interfering with appliances unlawful.
§52-303. Penalty for violations.
§52-305. Well drilling within 100 feet of underground coal mines prohibited.
§52-306. Workable coal beds or seams defined.
§52-307. Drilling of wells through workable seams - Regulations.
§52-309. Findings and declarations.
§52-310. Leaking wells - Entry upon land to plug, replug or repair - Emergencies.
§52-311. Liability for damages.
§52-312. Responsibility for future remedial work.
§52-313. No admission of liability or discharge of action.
§52-314. Right of action for costs involved - Lien
§52-317.1. Seeping natural gas - Jurisdiction, power, and authority of the Corporation Commission.
§52-318. Remedial work - Contracts upon competitive bids.
§52-318.1a. Confidentiality of financial statement.
§52-318.3. Notice of intent to drill - Negotiating surface damages.
§52-318.4. Undertakings which may be posted as damage deposit.
§52-318.5. Negotiating surface damages - Appraisers - Report and exceptions thereto - Jury trial.
§52-318.8. Effect of act on jurisdiction, authority and power of Corporation Commission.
§52-318.9. Violation of act - Damages.
§52-318.21. Short title - Seismic Exploration Regulation Act - Definitions.
§52-318.22. Seismic exploration operations - Registration - Permits - Requirements - Penalty.
§52-318.23. Seismic test hole blasting - Damages.
§52-320. "Growing crops" defined.
§52-320.1. Restriction on location of habitable structures.
§52-320.2. Unlawful use of safety equipment in oil or gas production.
§52-391. Sale of petroleum products under deception as to quality or identity.
§52-392. Marked containers or distributing equipment - Use in selling petroleum products.
§52-393. Trademark - Imitation.
§52-394. Selling under false mark or name.
§52-396. Aiding violations of act.
§52-397. Violation of provisions - Misdemeanor.
§52-398. Definitions - Persons liable for violations by firm or corporation.
§52-399. Partial invalidity - Effect.
§52-420.1. Short title - Definitions.
§52-420.2. State Liquefied Petroleum Gas Administrator - Deputies and enforcement officers.
§52-420.3. Oklahoma Liquefied Petroleum Gas Board.
§52-420.3A. Liability of sellers, suppliers, handlers, or transporters of liquified petroleum gas.
§52-420.4. Registration permits - Fees - Insurance requirements.
§52-420.8. Violations of law or rule.
§52-420.10. Appointment of administrative staff.
§52-420.14. Nonresidents - Prohibition on storage or dispensing.
§52-420.15. Safety schools for liquefied petroleum dealers.
§52-420.17. Inspectors' uniforms - Maintenance and cleaning allowance.
§52-420.22. Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission - Creation.
§52-420.24. Commission powers and duties.
§52-420.25. Commission meetings - Appointment of Director.
§52-420.26. LP Gas Research, Marketing and Safety Revolving Fund.
§52-420.28. Assessment collection - Penalties.
§52-420.29. Assessment refund.
§52-420.29-1. Exports exempted from assessment.
§52-420.29-2. Application for refund by purchaser.
§52-420.29-3. Petition to Commission for refund.
§52-420.30. Certain programs not preempted - Designation of funds for payment of certain programs.
§52-420.31. Oklahoma Propane Education and Safety Council – Powers and duties.
§52-421.1. Liquefied petroleum gas emergency - Declaration by Governor.
§52-472. Terms defined - Pressure - Conversion to standard conditions.
§52-473. Determination of factors by Commission - Determination and report of volumes.
§52-474. Sales, purchases and deliveries - Adjustment of contract prices.
§52-475. Penalty for violations - Civil actions.
§52-477. Jurisdiction of Commission not restricted.
§52-521. Leasing of mineral interests of owners who cannot be located.
§52-523. Negotiations by receiver - Deposit of funds - Discharge - Costs.
§52-524. Natural gas - Preferred use.
§52-525. Agricultural use of natural gas - Price - Installation of lines - Cessation of delivery.
§52-527. Method of measuring amount of gas.
§52-528. State Corporation Commission - Powers and duties - Duty of Operators.
§52-529. Liability of operators - Jurisdiction - Venue.
§52-549.4. Perfection of oil and gas lien.
§52-549.5. Oil and gas commingling.
§52-549.6. Rights of purchaser.
§52-549.7. Relative priority of oil and gas lien.
§52-549.8. Not affected by act.
§52-549.9. Waiver, relinquishment, release.
§52-549.10. Expiration of oil and gas lien - Enforcement of lien.
§52-549.11. Rights of operator.
§52-549.12. Cumulative rights.
§52-553. Mineral Owner's Fund.
§52-554. Transmission of funds - Escrow report - Claims against Mineral Owner's Fund.
§52-555. Investment of funds - Apportionment of interest.
§52-556. Custody of Mineral Owner's Fund - Transfer of monies to Unclaimed Property Fund.
§52-557. Conditions for oil well plugging approval.
§52-558. Implementation of act – Rules - Prospective operation.
§52-570.3. Application of act.
§52-570.5. Designation of person for certain royalty, accounting and remittance functions.
§52-570.6. Selling royalty gas in kind - Consumption and accounting for royalty gas.
§52-570.7. Out-of-balance wells.
§52-570.10. Payment of proceeds from sale of oil and gas production.
§52-570.13. Promulgation of rules.
§52-570.15. Performance pursuant to act - Satisfaction of duties and obligation.
§52-581.2. Purpose and intent of act.
§52-581.4. Exemptions - Owners ineligible to elect to market share.
§52-581.5. Election to market share - Procedure.
§52-581.6. Election to market share - Effect.
§52-581.7. Amount of gas produced from well.
§52-581.8. Distribution of revenues from sale of production.
§52-581.9. Construction and application of act.
§52-604. Transfers prohibited.
§52-609. Powers and authority of Commission.
§52-610. Violations - Fines and penalties - Collection of fines.
§52-612. Nonresident transferees - Service of process.
§52-613. Statute of limitations.
§52-801. Exploration Rights Act of 2011.
§52-803. Surface estate – Interference with solar energy agreement – Notice
§52-902. Construction of oil and gas contracts, statutes and governmental orders.
§52-903. Failure to pay proceeds from production - Remedies.