Oklahoma § 60-1506 - Requirements to approve order

§ 60-1506. Requirements to approve order

A. The court may not approve relocation of an easement under

this act unless the servient estate owner:

1. Establishes that the easement is eligible for relocation

under Section 3 of this act; and

2. Satisfies the conditions for relocation under Section 4 of

this act.

B. An order under this act approving relocation of an easement

must:

1. State that the order is issued in accordance with this act;

2. Recite the recording data of the instrument creating the

easement, if any, and any amendments, and any notice as described by

Section 71 of Title 16 of the Oklahoma Statutes;

3. Identify the immediately preceding location of the easement;

4. Describe in a legally sufficient manner the new location of

the easement;

5. Describe mitigation required of the servient estate owner

during relocation;

6. Refer in detail to the plans and specifications of

improvements necessary for the easement holder to enter, use, and

enjoy the easement in the new location;

7. Specify conditions to be satisfied by the servient estate

owner to relocate the easement and construct improvements necessary

for the easement holder to enter, use, and enjoy the easement in the

new location;

8. Include a provision for payment by the servient estate owner

of expenses under Section 7 of this act;

9. Include a provision for compliance by the parties with the

obligation of good faith under Section 8 of this act; and

Oklahoma Statutes - Title 60. Property

10. Instruct the servient estate owner to record an affidavit,

if required under subsection A of Section 9 of this act, when the

servient estate owner substantially completes relocation.

C. An order under subsection B of this section may include any

other provision consistent with this act for the fair and equitable

relocation of the easement.

D. Before a servient estate owner proceeds with relocation of

an easement under this act, the owner must record, in the county

records of each jurisdiction where the servient estate is located, a

certified copy of the order under subsection B of this section.

Added by Laws 2025, c. 218, § 6, eff. Nov. 1, 2025.