Okla. Stat. tit. 52, § 52-318.5

exceptions thereto - Jury trial.

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, the operator 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 the party’s usual place of residence

with some family member 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, which such

third appraiser shall be a state-certified general real estate

appraiser and be in good standing with the Oklahoma Real Estate

Appraisal Board. 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 of which at least one shall be a state-

certified general real estate appraiser and be in good standing with

the Oklahoma Real Estate Appraisal Board. Before entering upon

their duties, such appraisers shall take and subscribe an oath,

Oklahoma Statutes - Title 52. Oil and Gas Page 169

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 oil or gas 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 oil or gas 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
o 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. The operator shall provide the clerk of the court

with the names and last-known addresses of the parties to whom the

notice and report shall be mailed, sufficient copies of the notice

and report to be mailed, and pre-addressed, postage-paid envelopes.

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

Oklahoma Statutes - Title 52. Oil and Gas Page 170

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. A copy of the final judgment shall be

forwarded to the county assessor in the county or counties in which

the property is located. If the party demanding the jury trial does

not recover a more favorable verdict than the assessment award of

the appraisers, all court costs including reasonable attorney fees

shall be assessed against the party.