Oklahoma § 58-932 - Application and hearing on granting of easement - Notice Approval

§ 58-932. Application and hearing on granting of easement - Notice Approval

Before entering into any such contracts for such easements

aforesaid, an application shall be duly filed in the court in which

said proceedings are pending as to said estates, incompetents or

minors, duly sworn and signed by the executor, administrator or

guardian, as the case may be, and which application shall set forth

in detail the nature and character of said contract and conveyance

of said easement upon and across the lands of said estates, and the

purposes for which the same are to be used and maintained, and under

the terms and conditions thereof, and the consideration therefor,

and also setting forth the reason showing same to be for the best

interests of said estate; thereupon the court shall set said

application for hearing and direct that notice thereof be given not

less than five (5) days prior to the date of hearing by publication

one time in some newspaper published in the county. At the time and

place set for said hearing the court shall conduct a hearing upon

said application and if, after due consideration of same, the court

finds that the granting of said easement for the erection and

maintaining of said pipeline, transmission line, upstream floodcontrol dam or lake, state or county highway upon or across said

Oklahoma Statutes - Title 58. Probate Procedure

land, will not result in a material injury to the property of said

deceased person, minor or incompetent, and further finds that the

consideration therefor is adequate and proper, said court may

approve the same and authorize and direct the executor,

administrator or guardian to enter into such contract and to execute

such grants or conveyances as to carry the same into effect, and

authorize and direct said executor, administrator or guardian to

deliver same to said persons, individuals, firms or corporations,

conservancy districts or the State of Oklahoma or any subdivisions

thereof, with whom said easement contracts are entered into and so

direct the clerk of said court to enter said order upon the records

of said courts. In all instances where the provisions of Section

512 of Title 58, as now or hereafter amended, are applicable, they

shall prevail over the provisions of this section.

Laws 1941, p. 233, § 2; Laws 1963, c. 214, § 2; Laws 1969, c. 302, §

33, eff. Jan. 1, 1970.