Okla. Stat. tit. 60, § 60-1506
This is the official text of Okla. Stat. tit. 60, § 60-1506, 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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Requirements to approve order
Official statutory text
A. The court may not approve relocation of an easement under
this act unless the servient estate owner:
1. Establishes that the easement is eligible for relocation
under Section 3 of this act; and
2. Satisfies the conditions for relocation under Section 4 of
this act.
B. An order under this act approving relocation of an easement
must:
1. State that the order is issued in accordance with this act;
2. Recite the recording data of the instrument creating the
easement, if any, and any amendments, and any notice as described by
Section 71 of Title 16 of the Oklahoma Statutes;
3. Identify the immediately preceding location of the easement;
4. Describe in a legally sufficient manner the new location of
the easement;
5. Describe mitigation required of the servient estate owner
during relocation;
6. Refer in detail to the plans and specifications of
improvements necessary for the easement holder to enter, use, and
enjoy the easement in the new location;
7. Specify conditions to be satisfied by the servient estate
owner to relocate the easement and construct improvements necessary
for the easement holder to enter, use, and enjoy the easement in the
new location;
8. Include a provision for payment by the servient estate owner
of expenses under Section 7 of this act;
9. Include a provision for compliance by the parties with the
obligation of good faith under Section 8 of this act; and
Oklahoma Statutes - Title 60. Property Page 292
10. Instruct the servient estate owner to record an affidavit,
if required under subsection A of Section 9 of this act, when the
servient estate owner substantially completes relocation.
C. An order under subsection B of this section may include any
other provision consistent with this act for the fair and equitable
relocation of the easement.
D. Before a servient estate owner proceeds with relocation of
an easement under this act, the owner must record, in the county
records of each jurisdiction where the servient estate is located, a
certified copy of the order under subsection B of this section.
this act unless the servient estate owner:
1. Establishes that the easement is eligible for relocation
under Section 3 of this act; and
2. Satisfies the conditions for relocation under Section 4 of
this act.
B. An order under this act approving relocation of an easement
must:
1. State that the order is issued in accordance with this act;
2. Recite the recording data of the instrument creating the
easement, if any, and any amendments, and any notice as described by
Section 71 of Title 16 of the Oklahoma Statutes;
3. Identify the immediately preceding location of the easement;
4. Describe in a legally sufficient manner the new location of
the easement;
5. Describe mitigation required of the servient estate owner
during relocation;
6. Refer in detail to the plans and specifications of
improvements necessary for the easement holder to enter, use, and
enjoy the easement in the new location;
7. Specify conditions to be satisfied by the servient estate
owner to relocate the easement and construct improvements necessary
for the easement holder to enter, use, and enjoy the easement in the
new location;
8. Include a provision for payment by the servient estate owner
of expenses under Section 7 of this act;
9. Include a provision for compliance by the parties with the
obligation of good faith under Section 8 of this act; and
Oklahoma Statutes - Title 60. Property Page 292
10. Instruct the servient estate owner to record an affidavit,
if required under subsection A of Section 9 of this act, when the
servient estate owner substantially completes relocation.
C. An order under subsection B of this section may include any
other provision consistent with this act for the fair and equitable
relocation of the easement.
D. Before a servient estate owner proceeds with relocation of
an easement under this act, the owner must record, in the county
records of each jurisdiction where the servient estate is located, a
certified copy of the order under subsection B of this section.
Status: in_force · Read it on the official government site
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