Oklahoma § 60-820.1

§ 60-820.1.

Airspace Severance Restriction Act.

Oklahoma Statutes - Title 60. Property

A. This act shall be known and may be cited as the “Airspace

Severance Restriction Act”.

B. It is the intent of this act to restrict the permanent

severing of the airspace over any real property located in this

state for the purpose of developing and operating commercial wind or

solar energy conversion systems. Leasing arrangements for

development of wind or solar energy conversion systems may be made

only with the legally authorized owner of the surface estate

pursuant to the provisions and restrictions provided by this act or

otherwise provided by law. The provisions of this act shall not

apply to any property owner utilizing wind or solar energy

conversion systems for domestic use only.

C. For the purposes of this act a “wind or solar energy

agreement” means a lease agreement, whether or not stated in the

form of a restriction, covenant, or condition, in any deed, wind or

solar easement, wind or solar option or lease securing land for the

study or production of wind or solar-generated energy, or any other

instrument executed by or on behalf of any owner of land or airspace

for the purpose of allowing another party to study the potential

for, or to develop, a wind or solar energy conversion system on the

land or in the airspace. A wind or solar energy agreement shall in

no way be deemed to contravene, supersede, amend, modify or alter

the existing powers, requirements, limitations or other provisions

of statutory or common law pertaining to aviation, air

transportation, air commerce or air operations.

D. A wind or solar energy agreement shall run with the land

benefitted and burdened and shall terminate upon the conditions

stated in the wind or solar agreement.

E. An instrument entered into subsequent to July 1, 2010, that

creates a land right or an option to secure a land right in real

property or the vertical space above real property for a solar

energy system, for a wind or solar energy conversion system, or for

wind measurement equipment, shall be created in writing, and the

instrument, or related memorandum of easement, or an abstract, shall

be filed, duly recorded, and indexed in the office of the county

clerk in the county in which the real property subject to the

instrument is located. The instrument, but not the related

memorandum of easement or abstract, shall include but not be limited

to:

1. The names of the parties;

2. A legal description of the real property involved;

3. The nature of the interest created;

4. The consideration paid for the transfer;

5. A description of the improvements the developer intends to

make on the real property, including, but not limited to, roads,

transmission lines, substations, wind turbines and meteorological

towers;

Oklahoma Statutes - Title 60. Property

6. A description of any decommissioning security as defined in

subsection B of this section, or other requirements related to

decommissioning; and

7. The terms or conditions, if any, under which the interest

may be revised or terminated.

F. No interest in any resource located on a tract of land and

solely associated with the production or potential production of

wind or solar-generated energy on the tract of land may be severed

from the surface estate except that such rights may be leased for a

definite term pursuant to the provisions of this act.

G. The provisions of this act shall not affect any agreements

or contracts entered into pursuant to the provisions of the Oklahoma

Airspace Act, Section 801 et seq. of this title.

Added by Laws 2010, c. 334, § 1, eff. July 1, 2010. Amended by Laws

2011, c. 50, § 1, emerg. eff. April 13, 2011.