Oklahoma § 52-318.23 - Seismic test hole blasting - Damages

§ 52-318.23. Seismic test hole blasting - Damages

A. It shall be unlawful for any person, firm, corporation or

entity to conduct any seismic test hole blasting within two hundred

(200) feet of any habitable dwelling, building or water well without

written permission from the owner of the property.

B. The surface owner shall be entitled to reasonable damages

that have been or will be sustained to the surface estate by reason

of the operator's seismic exploration.

C. At least fifteen (15) days prior to commencement of seismic

exploration, the operator shall provide the notice to the surface

owner required by Section 318.22 of this title, and, in the absence

of an agreement between the surface owner and the operator as to

seismic exploration, operator and surface owner shall make a goodfaith effort to resolve any reasonable damage issues raised by the

surface owner by reason of operator's seismic exploration.

D. The surface owner may accept the offer in the notice

required by Section 318.22 of this title by accepting the offer in

writing to the operator within fifteen (15) days of the postmark of

the notice. By the timely acceptance of such offer, the surface

owner shall be deemed to have accepted and agreed to such offer as

full consideration for all reasonable damages by reason of the

operator's seismic exploration and the operator may commence seismic

operations. The operator shall, upon receipt of the surface owner's

timely acceptance of the offer in the notice, remit the appropriate

consideration to the surface owner. The surface owner's acceptance

of such offer and consideration shall not prohibit the surface owner

from attempting to recover damages which are unreasonable and caused

by reason of the operator's seismic exploration on the surface

estate of the surface owner.

E. If prior to the expiration of the fifteen-day notice period

set forth in Section 318.22 of this title, the surface owner rejects

the amount tendered with the notice required by Section 318.22 of

this title in writing to the operator, or the surface owner fails to

make a timely acceptance of the offer contained in the notice, then

the surface owner will be deemed to have rejected the offer tendered

Oklahoma Statutes - Title 52. Oil and Gas

with the notice, and the operator may enter the property and

commence seismic operations.

F. Within ninety (90) days of the last mailing of the notice

described herein, the applicant shall file an affidavit setting out

that mailing of the notice has occurred in compliance with Section

318.22 of this title, and specifically listing the surface owners

which were not locatable at the addresses required. Further, in the

event that any surface owner is not locatable at the addresses, then

such surface owner will be deemed as having rejected the offer

provided in the notice required under Section 318.22 of this title.

G. If the surface owner has properly rejected or has been

deemed to have rejected the amount tendered with the notice required

by Section 318.22 of this title, the surface owner may initiate an

action pursuant to The Small Claims Procedure Act or a civil action

pursuant to the Oklahoma Pleading Code, as appropriate, to recover

the reasonable damages, if any, actually sustained by reason of the

operator's seismic exploration. Venue for such action shall

properly be in the county where the surface estate is located.

H. If an action to recover the reasonable damages is commenced

pursuant to subsection G of this section and a judgment is entered

in the action for the surface owner for reasonable damages by reason

of the operator's seismic exploration in an amount in excess of the

amount set forth in the notice required by Section 318.22 of this

title, the surface owner shall be considered the prevailing party;

if the judgment entered for reasonable damages by reason of the

operator's seismic exploration is for an amount equal to or less

than the amount set forth in the notice required by Section 318.22

of this title, the operator shall be considered the prevailing

party. The prevailing party in any court proceeding brought

pursuant to this section shall be entitled to recover the costs of

the suit, including but not limited to reasonable attorney and

expert witness fees and litigation expenses. If the action should

be dismissed other than by way of settlement prior to the entry of

judgment, then the surface owner shall forfeit its right to receive

any consideration for all reasonable damages by reason of the

operator’s seismic exploration.

I. Nothing in the Seismic Exploration Regulation Act shall

modify or restrict an operator's right to enter a surface estate and

conduct seismic exploration thereon pursuant to the operator's right

to conduct seismic exploration. Additionally, nothing in the

response or deemed response of a surface owner to any notice

required by Section 318.22 of this title shall restrict or otherwise

affect an operator's right to enter a surface estate and conduct

seismic operations thereon.

Added by Laws 1998, c. 354, § 3, emerg. eff. June 5, 1998. Amended

by Laws 2012, c. 220, § 3, eff. Nov. 1, 2012; Laws 2012, c. 229, §

3, emerg. eff. May 9, 2012.

Oklahoma Statutes - Title 52. Oil and Gas

NOTE: Laws 2012, c. 220, § 3 and Laws 2012, c. 229, § 3 made

identical changes to this section.