{"data":{"id":"us-ok/okla.-stat.-tit.-52-52-318.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 52, § 52-318.5","heading":"Negotiating surface damages - Appraisers - Report and","body":"exceptions thereto - Jury trial.\n\nA. Prior to entering the site with heavy equipment, the\n\noperator shall negotiate with the surface owner for the payment of\n\nany damages which may be caused by the drilling operation. If the\n\nparties agree, and a written contract is signed, the operator may\n\nenter the site to drill. If agreement is not reached, or if the\n\noperator is not able to contact all parties, the operator shall\n\npetition the district court in the county in which the drilling site\n\nis located for appointment of appraisers to make recommendations to\n\nthe parties and to the court concerning the amount of damages, if\n\nany. Once the operator has petitioned for appointment of\n\nappraisers, the operator may enter the site to drill.\n\nB. Ten (10) days' notice of the petition to appoint appraisers\n\nshall be given to the opposite party, either by personal service or\n\nby leaving a copy thereof at the party’s usual place of residence\n\nwith some family member over fifteen (15) years of age, or, in the\n\ncase of nonresidents, unknown heirs or other persons whose\n\nwhereabouts cannot be ascertained, by publication in one issue of a\n\nnewspaper qualified to publish legal notices in said county, as\n\nprovided in Section 106 of Title 25 of the Oklahoma Statutes, said\n\nten-day period to begin with the first publication.\n\nC. The operator shall select one appraiser, the surface owner\n\nshall select one appraiser, and the two selected appraisers shall\n\nselect a third appraiser for appointment by the court, which such\n\nthird appraiser shall be a state-certified general real estate\n\nappraiser and be in good standing with the Oklahoma Real Estate\n\nAppraisal Board. Unless for good cause shown, additional time is\n\nallowed by the district court, the three (3) appraisers shall be\n\nselected within twenty (20) days of service of the notice of the\n\npetition to appoint appraisers or within twenty (20) days of the\n\nfirst date of publication of the notice as specified in subsection B\n\nof this section. If either of the parties fails to appoint an\n\nappraiser or if the two appraisers cannot agree on the selection of\n\nthe third appraiser within the required time period, the remaining\n\nrequired appraisers shall be selected by the district court upon\n\napplication of either party of which at least one shall be a state-\n\ncertified general real estate appraiser and be in good standing with\n\nthe Oklahoma Real Estate Appraisal Board. Before entering upon\n\ntheir duties, such appraisers shall take and subscribe an oath,\n\nbefore a notary public or some other person authorized to administer\n\noaths, that they will perform their duties faithfully and\n\nimpartially to the best of their ability. They shall inspect the\n\nreal property and consider the surface damages which the owner has\n\nsustained or will sustain by reason of entry upon the subject land\n\nand by reason of drilling or maintenance of oil or gas production on\n\nthe subject tract of land. The appraisers shall then file a written\n\nreport within thirty (30) days of the date of their appointment with\n\nthe clerk of the court. The report shall set forth the quantity,\n\nboundaries and value of the property entered on or to be utilized in\n\nsaid oil or gas drilling, and the amount of surface damages done or\n\nto be done to the property. The appraisers shall make a valuation\n\nand determine the amount of compensation to be paid by the operator\n\nto the surface owner and the manner in which the amount shall be\n\npaid. Said appraisers shall then make a report of their proceedings\n\nto the court. The compensation of the appraisers shall be fixed and\n\ndetermined by the court. The operator and the surface owner shall\n\nshare equally in the payment of the appraisers' fees and court\n\ncosts.\n\nD. Within ten (10) days after the report of the appraisers is\n\nfiled, the clerk of the court shall forward to each attorney of\n\nrecord, each party, and interested party of record, a copy of the\no the court. The compensation of the appraisers shall be fixed and\n\ndetermined by the court. The operator and the surface owner shall\n\nshare equally in the payment of the appraisers' fees and court\n\ncosts.\n\nD. Within ten (10) days after the report of the appraisers is\n\nfiled, the clerk of the court shall forward to each attorney of\n\nrecord, each party, and interested party of record, a copy of the\n\nreport of the appraisers and a notice stating the time limits for\n\nfiling an exception or a demand for jury trial as provided for in\n\nthis section. The operator shall provide the clerk of the court\n\nwith the names and last-known addresses of the parties to whom the\n\nnotice and report shall be mailed, sufficient copies of the notice\n\nand report to be mailed, and pre-addressed, postage-paid envelopes.\n\n1. This notice shall be on a form prepared by the\n\nAdministrative Director of the Courts, approved by the Oklahoma\n\nSupreme Court, and supplied to all district court clerks.\n\n2. If a party has been served by publication, the clerk shall\n\nforward a copy of the report of the appraisers and the notice of\n\ntime limits for filing either an exception or a demand for jury\n\ntrial to the last-known mailing address of each party, if any, and\n\nshall cause a copy of the notice of time limits to be published in\n\none issue of a newspaper qualified to publish legal notices as\n\nprovided in Section 106 of Title 25 of the Oklahoma Statutes.\n\n3. After issuing the notice provided herein, the clerk shall\n\nendorse on the notice form filed in the case the date that a copy of\n\nthe report and the notice form was forwarded to each attorney of\n\nrecord, each party, and each interested party of record, or the date\n\nthe notice was published.\n\nE. The time for filing an exception to the report or a demand\n\nfor jury trial shall be calculated as commencing from the date the\n\nreport of the appraisers is filed with the court. Upon failure of\n\nthe clerk to give notice within the time prescribed, the court, upon\n\napplication by any interested party, may extend the time for filing\n\nan exception to the report or filing a demand for trial by jury for\n\na reasonable period of time not less than twenty (20) days from the\n\ndate the application is heard by the court. Appraisers' fees and\n\ncourt costs may be the subject of an exception, may be included in\n\nan action by the petitioner, and may be set and allowed by the\n\ncourt.\n\nF. The report of the appraisers may be reviewed by the court,\n\nupon written exceptions filed with the court by either party within\n\nthirty (30) days after the filing of the report. After the hearing\n\nthe court shall enter the appropriate order either by confirmation,\n\nrejection, modification, or order of a new appraisal for good cause\n\nshown. Provided, that in the event a new appraisal is ordered, the\n\noperator shall have continuing right of entry subject to the\n\ncontinuance of the bond required herein. Either party may, within\n\nsixty (60) days after the filing of such report, file with the clerk\n\na written demand for a trial by jury, in which case the amount of\n\ndamages shall be assessed by a jury. The trial shall be conducted\n\nand judgment entered in the same manner as railroad condemnation\n\nactions tried in the court. A copy of the final judgment shall be\n\nforwarded to the county assessor in the county or counties in which\n\nthe property is located. If the party demanding the jury trial does\n\nnot recover a more favorable verdict than the assessment award of\n\nthe appraisers, all court costs including reasonable attorney fees\n\nshall be assessed against the party.","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":"2008278fcfb1eb6b5972bce5724897cdb9fb818d447dbf175ea805d7d7ccd3a5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-52-52-318.4","next":"us-ok/okla.-stat.-tit.-52-52-318.6"},"notice":"GroundRules: Original legal text. Not legal advice."}