Oklahoma § 52-803 - Surface estate – Interference with solar energy agreement

§ 52-803. Surface estate – Interference with solar energy agreement

– 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

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.

Added by Laws 2011, c. 197, § 5. Amended by Laws 2017, c. 45, § 3,

emerg. eff. April 17, 2017.