Okla. Stat. tit. 17, § 17-521

appointment of appraisers - Notice - Selection of appraisers -

Report by appraisers - Filing of exceptions or demand for jury trial

- Assessment of costs and attorney fees.

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

Oklahoma Statutes - Title 17. Corporation Commission Page 286

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.
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

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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.