Okla. Stat. tit. 52, § 52-803
This is the official text of Okla. Stat. tit. 52, § 52-803, part of Oklahoma’s Stat. tit. 52, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 52,." Browse the sections below, each linked to its official government source.
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Surface estate – Interference with solar energy agreement
Official statutory text
– Notice
A. Unless specifically provided otherwise in an instrument
transferring or retaining title to the mineral estate separate from
the surface estate, and subject to, and consistent with, the
provisions of the surface damages statutes and all other applicable
laws, rules and regulations, within a tract of real property, the
mineral owner has had, and shall hereafter continue to have, the
right to make reasonable use of the surface estate, including the
right of ingress and egress therefor, for the purpose of exploring,
severing, capturing and producing the minerals underlying the tract
of real property or lands spaced or pooled therewith.
B. Notwithstanding any provision in a wind or solar energy
agreement in effect on, or entered into after, May 10, 2011, or the
provisions of the Oklahoma Wind Energy Development Act, as the same
is in effect or hereafter amended, the lessee of a wind or solar
energy agreement or the wind energy developer shall not unreasonably
interfere with the mineral owner's right to make reasonable use of
the surface estate, including the right of ingress and egress
therefor, for the purpose of exploring, severing, capturing and
producing the minerals.
C. It is the intent of the Exploration Rights Act of 2011 to
confirm the mineral owner's historical right to make reasonable use
of the surface estate, including the right of ingress and egress
therefor, for the purpose of exploring, severing, capturing and
producing the minerals, and nothing in this act is intended to
expand or diminish those historical rights. Further, nothing in
this act shall amend or modify the surface damages statutes or be
interpreted to grant, expand or diminish any person's rights
therein.
Oklahoma Statutes - Title 52. Oil and Gas Page 267
D. For any alleged breach or violation of the Exploration
Rights Act of 2011, any affected person may petition the district
court in the county in which the real property is located for either
declaratory relief pursuant to Sections 1651 through 1657 of Title
12 of the Oklahoma Statutes, or injunctive relief pursuant to
Sections 1381 through 1397 of Title 12 of the Oklahoma Statutes, or
both, in addition to any other remedies at law or in equity that may
otherwise be available.
A. Unless specifically provided otherwise in an instrument
transferring or retaining title to the mineral estate separate from
the surface estate, and subject to, and consistent with, the
provisions of the surface damages statutes and all other applicable
laws, rules and regulations, within a tract of real property, the
mineral owner has had, and shall hereafter continue to have, the
right to make reasonable use of the surface estate, including the
right of ingress and egress therefor, for the purpose of exploring,
severing, capturing and producing the minerals underlying the tract
of real property or lands spaced or pooled therewith.
B. Notwithstanding any provision in a wind or solar energy
agreement in effect on, or entered into after, May 10, 2011, or the
provisions of the Oklahoma Wind Energy Development Act, as the same
is in effect or hereafter amended, the lessee of a wind or solar
energy agreement or the wind energy developer shall not unreasonably
interfere with the mineral owner's right to make reasonable use of
the surface estate, including the right of ingress and egress
therefor, for the purpose of exploring, severing, capturing and
producing the minerals.
C. It is the intent of the Exploration Rights Act of 2011 to
confirm the mineral owner's historical right to make reasonable use
of the surface estate, including the right of ingress and egress
therefor, for the purpose of exploring, severing, capturing and
producing the minerals, and nothing in this act is intended to
expand or diminish those historical rights. Further, nothing in
this act shall amend or modify the surface damages statutes or be
interpreted to grant, expand or diminish any person's rights
therein.
Oklahoma Statutes - Title 52. Oil and Gas Page 267
D. For any alleged breach or violation of the Exploration
Rights Act of 2011, any affected person may petition the district
court in the county in which the real property is located for either
declaratory relief pursuant to Sections 1651 through 1657 of Title
12 of the Oklahoma Statutes, or injunctive relief pursuant to
Sections 1381 through 1397 of Title 12 of the Oklahoma Statutes, or
both, in addition to any other remedies at law or in equity that may
otherwise be available.
Status: in_force · Read it on the official government site
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