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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 52, § 52-522: Procedure

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Where this section sits in the code
  1. OK Code
  2. Title 52

(a) The plaintiff shall file a verified petition setting forth

the following: (1) the interest of the plaintiff in the tract or

tracts of land described in said petition; (2) the apparent interest

of the defendant or defendants as appears from the record of the

county clerk and from such other sources, identifying same, as

plaintiff has investigated; (3) the last-known address, business,

residence, or otherwise which plaintiff may have been able to

ascertain for each of said defendants and the sources of information

which plaintiff has checked in an attempt to locate the present

address or whereabouts of said defendant or defendants, and further

stating that plaintiff has exercised due diligence and cannot by any

means within his control ascertain the present address or

whereabouts of said defendant or defendants; (4) that there are

persons or corporations who are willing to purchase an oil and gas

lease upon the interest of the defendant or defendants and that the

existence of these unleased mineral interests is detrimental to and

impairs the enjoyment of the interest of the plaintiff; (5) that the

plaintiff has acquired or has good reason to believe that he can

acquire operating rights covering all mineral interests other than

the interest of said defendants in said tract or tracts.

(b) Upon the filing of such petition the court shall set same

for hearing upon a date certain, which date must be at least fifteen

(15) days from the date of filing said petition. Notice of the

hearing, the nature of the hearing and relief requested shall be

given by publication one time in a newspaper of general circulation

in the county and by mailing to the last-known address, if any, of

the defendant or defendants as set forth in said petition. The

publication and mailing of notice shall all be done at least seven

(7) days prior to the date of hearing.

(c) On the date set for said hearing the court shall dismiss the

action as to all defendants who answer and request such dismissal,

and as to all other defendants the court shall require proof that

the requirements of Section 2(b) have been satisfied, shall take

evidence and hear testimony as to the matters set forth in

plaintiff's petition, and at said hearing shall determine the bonus

value for oil and gas leases on lands in said vicinity and the

prevailing rental and royalty rate; and if it appears to the court

that the requirements of Section 2(b) have been satisfied, that the

matters set forth in plaintiff's petition are true, that it is

probable that a purchaser can be secured for an oil and gas lease on

the unleased mineral interests of the defendant or defendants, that

the existence of such unleased interests is detrimental to and

impairs the interest of the plaintiff, the court shall appoint a

receiver for the purpose of selling an oil and gas lease upon the

interest of said defendant or defendants, and said order appointing

the receiver and authorizing the sale of such lease shall set forth

the minimum bonus which may be accepted and the minimum royalty and

rental rate. The court, in its discretion, may require the receiver

to give bond.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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