{"data":{"id":"us-ok/okla.-stat.-tit.-52-52-318.22","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 52, § 52-318.22","heading":"Seismic exploration operations - Registration - Permits","body":"- Requirements - Penalty.\n\nA. The Corporation Commission is hereby directed and authorized\n\nto promulgate rules governing the operations of seismographic\n\nexploration for the purpose of protecting the interests and property\n\nof the citizens of this state.\n\nB. Any person, firm, corporation or entity desiring to commence\n\nany seismographic exploration in this state shall, prior to any such\n\nactivity, be duly registered with the Corporation Commission and\n\nshall be required to apply for a permit for each separate seismic\n\nexploration.\n\nC. Rules promulgated by the Commission governing all seismic\n\nexploration operations shall include, but not be limited to,\n\nrequirements for:\n\n1. Applicants to post a form of financial surety guarantee, the\n\nform and amount to be determined by the Commission which shall\n\nremain in effect until release is authorized by the Commission;\n\n2. Applicants to attempt to notify all owners of the surface\n\nestate where the seismic exploration will occur at least fifteen\n\n(15) days prior to commencement of seismic exploration. If the\n\napplicant has the right to conduct seismic exploration and has\n\nattempted to give actual notice of intent to conduct seismic\n\nexploration to the surface owner any time before fifteen (15) days\n\nprior to conducting seismic exploration, such action shall be\n\nconsidered sufficient notification for the purposes of this section.\n\nFor the purposes of this section, an attempt to notify shall be\n\nconsidered sufficient when the notification is sent by U.S. mail,\n\nthe notice is postmarked at least fifteen (15) days prior to\n\ncommencement of any seismic exploration, and has been given at the\n\nlast address shown of record for the surface owner in the records of\n\nthe county clerk in the county where the surface estate is located,\n\nor an address that is known by applicant to be more accurate than\n\nthe foregoing address of record;\n\n3. Applicants to file an affidavit within ninety (90) days of\n\nthe last mailing of the notice described herein with the county\n\nclerk in the county where the property is located, setting out that\n\nmailing of the notice has occurred in compliance with this section,\n\nand specifically listing the surface owners which were not locatable\n\nat the addresses required. Further, in the event that any party is\n\nnot locatable at said addresses, then such surface owner will be\n\ndeemed as having rejected the offer provided in the notice required\n\nunder this section; and\n\n4. Applicants to be permitted for each seismic exploration\n\noperation.\n\nD. The notice required in subsection C of this section shall be\n\nsent by U.S. mail, include a copy of the oil or gas lease or seismic\n\npermit authorizing the use of the surface for seismic exploration\n\nand contain the following information:\n\n1. Name of the company conducting seismic exploration;\n\n2. Anticipated date of seismic exploration;\n\n3. A description of the surface estate of the notice recipient\n\nto be entered upon for the seismic exploration to be conducted;\n\n4. If there is not a prior written agreement between the\n\nsurface owner and the operator as to seismic exploration, the\n\nfollowing provision with regard to the amount of the damages offered\n\nby the operator to the surface owner shall be included in the\n\nnotice:\n\n\"Operator will conduct the proposed seismic exploration in\n\na prudent manner and agrees to indemnify and hold you\n\nharmless from personal injury or property damage claims\n\nthat may result from the operator's seismic exploration to\n\nthe extent that such damage claims are not the result of\n\nyour acts or omissions. Pursuant to the Seismic\n\nExploration Regulation Act, you, as the surface owner, are\n\nentitled to reasonable damages that will be sustained by\n\nreason of the operator's seismic exploration. The\n\noperator hereby offers you $______ [operator shall fill in\n\nthe amount] as compensation for the reasonable damages to\n\nbe sustained by reason of the operator's seismic\nthe result of\n\nyour acts or omissions. Pursuant to the Seismic\n\nExploration Regulation Act, you, as the surface owner, are\n\nentitled to reasonable damages that will be sustained by\n\nreason of the operator's seismic exploration. The\n\noperator hereby offers you $______ [operator shall fill in\n\nthe amount] as compensation for the reasonable damages to\n\nbe sustained by reason of the operator's seismic\n\nexploration. If you accept this offer in writing to the\n\noperator within fifteen (15) days of the postmark of this\n\nletter, you will be deemed to have accepted and agreed to\n\nthe amount as full consideration for all reasonable\n\ndamages by reason of the operator's seismic exploration.\n\nOperator shall, upon receipt of your timely acceptance of\n\nthe offer contained herein, remit to you the consideration\n\ndescribed in this offer. The acceptance of this amount\n\nshall not prohibit you from attempting to recover damages\n\nwhich are unreasonable and caused by reason of the\n\noperator's seismic exploration on your surface estate.\n\nIn the event that you either (a) reject the offer in this\n\nletter in writing to the operator within fifteen (15) days\n\nof the postmark of this letter, or (b) fail to make a\n\ntimely acceptance of the offer contained herein, then you\n\nwill be deemed to have rejected the offer contained\n\nherein, and pursuant to the Seismic Exploration Regulation\n\nAct, you may initiate an action pursuant to The Small\n\nClaims Procedure Act or a civil action pursuant to the\n\nOklahoma Pleading Code, as appropriate, to recover the\n\nreasonable damages, if any, actually sustained by reason\n\nof the operator's seismic exploration. If an action to\n\nrecover reasonable damages is commenced accordingly and a\n\njudgment is entered in the action for you as to the\n\ndamages in an amount in excess of the amount set forth in\n\nthis notice for reasonable damages by reason of the\n\noperator's seismic exploration, you shall be considered\n\nthe prevailing party. If the judgment entered is for an\n\namount equal to or less than the amount set forth in this\n\nnotice for reasonable damages by reason of the operator's\n\nseismic exploration, although you will be entitled to\n\nreceive the judgment amount, if any, the operator shall be\n\nconsidered the prevailing party. The prevailing party in\n\nany court proceeding brought pursuant to the Seismic\n\nExploration Regulation Act shall be entitled to recover\n\nthe costs of the suit, including but not limited to\n\nreasonable attorney and expert witness fees and litigation\n\nexpenses. If the action should be dismissed other than by\n\nway of settlement prior to the entry of judgment, then the\n\nsurface owner shall forfeit its right to receive any\n\nconsideration for all reasonable damages by reason of the\n\noperator’s seismic exploration.”; and\n\n5. Any other pertinent information the Commission deems\n\nappropriate and relevant for the protection of surface owners.\n\nE. The Commission is further directed to promulgate rules to\n\nimplement a system to register complaints against any person, firm\n\nor corporation conducting seismic exploration. The Commission may\n\ndetermine if and when a complaint has been adequately resolved.\n\nF. Any person, firm, corporation or entity which conducts any\n\nseismic exploration without a permit by the Commission, or in any\n\nother manner violates the rules of the Commission governing such\n\nexploration shall be subject to a penalty of One Thousand Dollars\n\n($1,000.00) per violation per day by the Commission, in addition to\n\nany other legal remedy provided by law.","path":["OK Code","Title 52"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os52.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ced24808256d9ee24bdf680906e014b06c962c09d08525f2db5817840ee86f4a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-52-52-318.21","next":"us-ok/okla.-stat.-tit.-52-52-318.23"},"notice":"GroundRules: Original legal text. Not legal advice."}