{"data":{"id":"us-ok/okla.-stat.-tit.-52-52-318.23","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 52, § 52-318.23","heading":"Seismic test hole blasting - Damages","body":"A. It shall be unlawful for any person, firm, corporation or\n\nentity to conduct any seismic test hole blasting within two hundred\n\n(200) feet of any habitable dwelling, building or water well without\n\nwritten permission from the owner of the property.\n\nB. The surface owner shall be entitled to reasonable damages\n\nthat have been or will be sustained to the surface estate by reason\n\nof the operator's seismic exploration.\n\nC. At least fifteen (15) days prior to commencement of seismic\n\nexploration, the operator shall provide the notice to the surface\n\nowner required by Section 318.22 of this title, and, in the absence\n\nof an agreement between the surface owner and the operator as to\n\nseismic exploration, operator and surface owner shall make a good-\n\nfaith effort to resolve any reasonable damage issues raised by the\n\nsurface owner by reason of operator's seismic exploration.\n\nD. The surface owner may accept the offer in the notice\n\nrequired by Section 318.22 of this title by accepting the offer in\n\nwriting to the operator within fifteen (15) days of the postmark of\n\nthe notice. By the timely acceptance of such offer, the surface\n\nowner shall be deemed to have accepted and agreed to such offer as\n\nfull consideration for all reasonable damages by reason of the\n\noperator's seismic exploration and the operator may commence seismic\n\noperations. The operator shall, upon receipt of the surface owner's\n\ntimely acceptance of the offer in the notice, remit the appropriate\n\nconsideration to the surface owner. The surface owner's acceptance\n\nof such offer and consideration shall not prohibit the surface owner\n\nfrom attempting to recover damages which are unreasonable and caused\n\nby reason of the operator's seismic exploration on the surface\n\nestate of the surface owner.\n\nE. If prior to the expiration of the fifteen-day notice period\n\nset forth in Section 318.22 of this title, the surface owner rejects\n\nthe amount tendered with the notice required by Section 318.22 of\n\nthis title in writing to the operator, or the surface owner fails to\n\nmake a timely acceptance of the offer contained in the notice, then\n\nthe surface owner will be deemed to have rejected the offer tendered\n\nwith the notice, and the operator may enter the property and\n\ncommence seismic operations.\n\nF. Within ninety (90) days of the last mailing of the notice\n\ndescribed herein, the applicant shall file an affidavit setting out\n\nthat mailing of the notice has occurred in compliance with Section\n\n318.22 of this title, and specifically listing the surface owners\n\nwhich were not locatable at the addresses required. Further, in the\n\nevent that any surface owner is not locatable at the addresses, then\n\nsuch surface owner will be deemed as having rejected the offer\n\nprovided in the notice required under Section 318.22 of this title.\n\nG. If the surface owner has properly rejected or has been\n\ndeemed to have rejected the amount tendered with the notice required\n\nby Section 318.22 of this title, the surface owner may initiate an\n\naction pursuant to The Small Claims Procedure Act or a civil action\n\npursuant to the Oklahoma Pleading Code, as appropriate, to recover\n\nthe reasonable damages, if any, actually sustained by reason of the\n\noperator's seismic exploration. Venue for such action shall\n\nproperly be in the county where the surface estate is located.\n\nH. If an action to recover the reasonable damages is commenced\n\npursuant to subsection G of this section and a judgment is entered\n\nin the action for the surface owner for reasonable damages by reason\n\nof the operator's seismic exploration in an amount in excess of the\n\namount set forth in the notice required by Section 318.22 of this\n\ntitle, the surface owner shall be considered the prevailing party;\n\nif the judgment entered for reasonable damages by reason of the\n\noperator's seismic exploration is for an amount equal to or less\nthe action for the surface owner for reasonable damages by reason\n\nof the operator's seismic exploration in an amount in excess of the\n\namount set forth in the notice required by Section 318.22 of this\n\ntitle, the surface owner shall be considered the prevailing party;\n\nif the judgment entered for reasonable damages by reason of the\n\noperator's seismic exploration is for an amount equal to or less\n\nthan the amount set forth in the notice required by Section 318.22\n\nof this title, the operator shall be considered the prevailing\n\nparty. The prevailing party in any court proceeding brought\n\npursuant to this section shall be entitled to recover the costs of\n\nthe suit, including but not limited to reasonable attorney and\n\nexpert witness fees and litigation expenses. If the action should\n\nbe dismissed other than by way of settlement prior to the entry of\n\njudgment, then the surface owner shall forfeit its right to receive\n\nany consideration for all reasonable damages by reason of the\n\noperator’s seismic exploration.\n\nI. Nothing in the Seismic Exploration Regulation Act shall\n\nmodify or restrict an operator's right to enter a surface estate and\n\nconduct seismic exploration thereon pursuant to the operator's right\n\nto conduct seismic exploration. Additionally, nothing in the\n\nresponse or deemed response of a surface owner to any notice\n\nrequired by Section 318.22 of this title shall restrict or otherwise\n\naffect an operator's right to enter a surface estate and conduct\n\nseismic operations thereon.","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":"244fde949e5c7efbd3bcab55df29c9c9c9f02e6e6262a00aafcf06959e3f0fdd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-52-52-318.22","next":"us-ok/okla.-stat.-tit.-52-52-318.3"},"notice":"GroundRules: Original legal text. Not legal advice."}