{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-820.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-820.1","heading":"Airspace Severance Restriction Act","body":"\n\nA. This act shall be known and may be cited as the “Airspace\n\nSeverance Restriction Act”.\n\nB. It is the intent of this act to restrict the permanent\n\nsevering of the airspace over any real property located in this\n\nstate for the purpose of developing and operating commercial wind or\n\nsolar energy conversion systems. Leasing arrangements for\n\ndevelopment of wind or solar energy conversion systems may be made\n\nonly with the legally authorized owner of the surface estate\n\npursuant to the provisions and restrictions provided by this act or\n\notherwise provided by law. The provisions of this act shall not\n\napply to any property owner utilizing wind or solar energy\n\nconversion systems for domestic use only.\n\nC. For the purposes of this act a “wind or solar energy\n\nagreement” means a lease agreement, whether or not stated in the\n\nform of a restriction, covenant, or condition, in any deed, wind or\n\nsolar easement, wind or solar option or lease securing land for the\n\nstudy or production of wind or solar-generated energy, or any other\n\ninstrument executed by or on behalf of any owner of land or airspace\n\nfor the purpose of allowing another party to study the potential\n\nfor, or to develop, a wind or solar energy conversion system on the\n\nland or in the airspace. A wind or solar energy agreement shall in\n\nno way be deemed to contravene, supersede, amend, modify or alter\n\nthe existing powers, requirements, limitations or other provisions\n\nof statutory or common law pertaining to aviation, air\n\ntransportation, air commerce or air operations.\n\nD. A wind or solar energy agreement shall run with the land\n\nbenefitted and burdened and shall terminate upon the conditions\n\nstated in the wind or solar agreement.\n\nE. An instrument entered into subsequent to July 1, 2010, that\n\ncreates a land right or an option to secure a land right in real\n\nproperty or the vertical space above real property for a solar\n\nenergy system, for a wind or solar energy conversion system, or for\n\nwind measurement equipment, shall be created in writing, and the\n\ninstrument, or related memorandum of easement, or an abstract, shall\n\nbe filed, duly recorded, and indexed in the office of the county\n\nclerk in the county in which the real property subject to the\n\ninstrument is located. The instrument, but not the related\n\nmemorandum of easement or abstract, shall include but not be limited\n\nto:\n\n1. The names of the parties;\n\n2. A legal description of the real property involved;\n\n3. The nature of the interest created;\n\n4. The consideration paid for the transfer;\n\n5. A description of the improvements the developer intends to\n\nmake on the real property, including, but not limited to, roads,\n\ntransmission lines, substations, wind turbines and meteorological\n\ntowers;\n\n6. A description of any decommissioning security as defined in\n\nsubsection B of this section, or other requirements related to\n\ndecommissioning; and\n\n7. The terms or conditions, if any, under which the interest\n\nmay be revised or terminated.\n\nF. No interest in any resource located on a tract of land and\n\nsolely associated with the production or potential production of\n\nwind or solar-generated energy on the tract of land may be severed\n\nfrom the surface estate except that such rights may be leased for a\n\ndefinite term pursuant to the provisions of this act.\n\nG. The provisions of this act shall not affect any agreements\n\nor contracts entered into pursuant to the provisions of the Oklahoma\n\nAirspace Act, Section 801 et seq. of this title.","path":["OK Code","Title 60"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e1197491ace2832759216ae7c72e6ffc2d9ea637e3e0f5070cb11de786f17bab","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-815","next":"us-ok/okla.-stat.-tit.-60-60-831"},"notice":"GroundRules: Original legal text. Not legal advice."}