Oklahoma § 60-1505 - Civil action to obtain order to relocate

§ 60-1505. Civil action to obtain order to relocate

A. To obtain an order to relocate an easement under this act, a

servient estate owner must commence a civil action.

B. A servient estate owner that commences a civil action under

subsection A of this section:

1. Shall serve a summons and petition on:

a.

the easement holder whose easement is the subject of

the relocation,

b.

a security-interest holder of record of an interest in

the servient estate or dominant estate,

c.

a lessee of record of an interest in the dominant

estate, and

d.

except as otherwise provided in paragraph 2 of this

subsection, any other owner of a recorded realproperty interest if the relocation would encroach on

an area of the servient estate or dominant estate

burdened by the interest; and

2. Is not required to serve a summons and petition on the owner

of a recorded real-property interest in oil, gas, or minerals unless

the interest includes an easement to facilitate oil, gas, or mineral

development.

C. A petition under this section must state:

1. The intent of the servient estate owner to seek the

relocation;

2. The nature, extent, and anticipated dates of commencement

and completion of the proposed relocation;

3. The current and proposed locations of the easement;

Oklahoma Statutes - Title 60. Property

4. The reason the easement is eligible for relocation under

Section 3 of this act;

5. The reason the proposed relocation satisfies the conditions

for relocation under Section 4 of this act; and

6. That the servient estate owner has made a reasonable attempt

to notify the holders of any public-utility easement, conservation

easement, or negative easement on the servient estate or dominant

estate of the proposed relocation.

D. At any time before the court renders a final order in an

action under subsection A of this section, a person served under

subparagraph b, c, or d of subsection B of this section may file a

document, in recordable form, that waives its rights to contest or

obtain relief in connection with the relocation or subordinates its

interests to the relocation. On filing of the document, the court

may order that the person is not required to answer or participate

further in the action.

Added by Laws 2025, c. 218, § 5, eff. Nov. 1, 2025.