Okla. Stat. tit. 60, § 60-1505
This is the official text of Okla. Stat. tit. 60, § 60-1505, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Civil action to obtain order to relocate
Official statutory text
A. To obtain an order to relocate an easement under this act, a
servient estate owner must commence a civil action.
B. A servient estate owner that commences a civil action under
subsection A of this section:
1. Shall serve a summons and petition on:
a. the easement holder whose easement is the subject of
the relocation,
b. a security-interest holder of record of an interest in
the servient estate or dominant estate,
c. a lessee of record of an interest in the dominant
estate, and
d. except as otherwise provided in paragraph 2 of this
subsection, any other owner of a recorded real-
property interest if the relocation would encroach on
an area of the servient estate or dominant estate
burdened by the interest; and
2. Is not required to serve a summons and petition on the owner
of a recorded real-property interest in oil, gas, or minerals unless
the interest includes an easement to facilitate oil, gas, or mineral
development.
C. A petition under this section must state:
1. The intent of the servient estate owner to seek the
relocation;
2. The nature, extent, and anticipated dates of commencement
and completion of the proposed relocation;
3. The current and proposed locations of the easement;
Oklahoma Statutes - Title 60. Property Page 291
4. The reason the easement is eligible for relocation under
Section 3 of this act;
5. The reason the proposed relocation satisfies the conditions
for relocation under Section 4 of this act; and
6. That the servient estate owner has made a reasonable attempt
to notify the holders of any public-utility easement, conservation
easement, or negative easement on the servient estate or dominant
estate of the proposed relocation.
D. At any time before the court renders a final order in an
action under subsection A of this section, a person served under
subparagraph b, c, or d of subsection B of this section may file a
document, in recordable form, that waives its rights to contest or
obtain relief in connection with the relocation or subordinates its
interests to the relocation. On filing of the document, the court
may order that the person is not required to answer or participate
further in the action.
servient estate owner must commence a civil action.
B. A servient estate owner that commences a civil action under
subsection A of this section:
1. Shall serve a summons and petition on:
a. the easement holder whose easement is the subject of
the relocation,
b. a security-interest holder of record of an interest in
the servient estate or dominant estate,
c. a lessee of record of an interest in the dominant
estate, and
d. except as otherwise provided in paragraph 2 of this
subsection, any other owner of a recorded real-
property interest if the relocation would encroach on
an area of the servient estate or dominant estate
burdened by the interest; and
2. Is not required to serve a summons and petition on the owner
of a recorded real-property interest in oil, gas, or minerals unless
the interest includes an easement to facilitate oil, gas, or mineral
development.
C. A petition under this section must state:
1. The intent of the servient estate owner to seek the
relocation;
2. The nature, extent, and anticipated dates of commencement
and completion of the proposed relocation;
3. The current and proposed locations of the easement;
Oklahoma Statutes - Title 60. Property Page 291
4. The reason the easement is eligible for relocation under
Section 3 of this act;
5. The reason the proposed relocation satisfies the conditions
for relocation under Section 4 of this act; and
6. That the servient estate owner has made a reasonable attempt
to notify the holders of any public-utility easement, conservation
easement, or negative easement on the servient estate or dominant
estate of the proposed relocation.
D. At any time before the court renders a final order in an
action under subsection A of this section, a person served under
subparagraph b, c, or d of subsection B of this section may file a
document, in recordable form, that waives its rights to contest or
obtain relief in connection with the relocation or subordinates its
interests to the relocation. On filing of the document, the court
may order that the person is not required to answer or participate
further in the action.
Status: in_force · Read it on the official government site
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