Oklahoma § 64-1003 - Public project and programs using federal, state or local

§ 64-1003. Public project and programs using federal, state or local

funds, nonprofit rural water districts and certain rural water

districts - Easements.

A. The Commissioners of the Land Office may grant easements to

entities with power of eminent domain pursuant to the policies of

Section 13 of Title 27 of the Oklahoma Statutes.

B. The Commissioners shall, upon written application, grant

easements to:

1. Nonprofit rural water districts organized pursuant to

Section 863 of Title 18 of the Oklahoma Statutes;

2. Rural water districts organized pursuant to the Rural Water,

Sewer, Gas and Solid Waste Management Districts Act; or

3. Rural electric cooperatives organized pursuant to Section

437 of Title 18 of the Oklahoma Statutes, for the purpose of laying

a water or power line upon the property.

Oklahoma Statutes - Title 64. Public Lands

C. Prior to the granting of such easement, an appraisal shall

be conducted to determine the fair market value of the easement.

The district or cooperative requesting the easement shall petition

the District Court in the county in which the easement is located to

determine the fair market value of the easement. The court shall

appoint three disinterested persons who are residents of that county

who shall first take an oath to fairly and impartially appraise the

value of the easement. The appraisers shall meet and determine the

fair market value of the easement, in writing, and return the same

under their signatures to the court. Said appraisal shall show the

fair market value of the easement. Appraiser's fees shall be set by

the court and charged to the requesting district or cooperative as

costs. The district or cooperative shall enclose a certified copy

of the appraisal and payment in the amount of the appraised value

with its written request for easement to the Commissioners of the

Land Office. Except for the amount received for the granting of an

easement, no additional fees or other charges shall be assessed by

Commissioners of the Land Office for the granting of such easement.

D. The granting of easements pursuant to this section shall be

timely and shall not exceed sixty (60) days from date that the

appraisal is submitted to the district court.

E. Easements shall run concurrently with the life of the

facilities installed.

Added by Laws 1989, c. 173, § 3, operative July 1, 1989. Amended by

Laws 1992, c. 244, § 1, eff. Sept. 1, 1992; Laws 1994, c. 339, § 4,

emerg. eff. June 8, 1994. Renumbered from § 1.4 of this title by

Laws 2010, c. 41, § 55, emerg. eff. April 2, 2010.