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Oklahoma Surface Damage Act

Oklahoma Surface Damage Act. University of Oklahoma Law School Fall 2009. Eric R. King Eking@gablelaw.com. Grimes v. Goodman. Union Oil Company v. Heinsohn. Dealing With Surface Owners. Effective July 1, 1982, the Oklahoma Legislature enacted into law the Oklahoma Surface Damages Act.

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Oklahoma Surface Damage Act

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  1. Oklahoma Surface Damage Act University of Oklahoma Law School Fall 2009 Eric R. King Eking@gablelaw.com

  2. Grimes v. Goodman

  3. Union Oil Company v. Heinsohn

  4. Dealing With Surface Owners

  5. Effective July 1, 1982, the Oklahoma Legislature enacted into law the Oklahoma Surface Damages Act. • 52. o.s. 318.2-318.9

  6. Collins v. Oxley

  7. 5 Points

  8. Point #1 • What this paper contains and how it is organized.

  9. Point #2 • If you think you know the Act, you better read it again before you deal with it in the courthouse.

  10. Point #3 • The Attorney Fees Section of the Act, and how the courts have construed it. • TXO v. Stanton • Tower Oil & Gas Company v. Keeler • Tower Oil & Gas Company v. Paulk • Tower Oil & Gas Company v. Harmon

  11. Point #3 cont. • If you have a client who absolutely insists on going through with one of these, you had better let them know that there is a very good chance that they will be paying double attorney fees. Their own, plus the surface owner’s.

  12. Point #4 • To get away from the attorney fees fiasco, there are some funny cases in here. • Samson v. Cloud, a 1991 case coming out of Haskell County. • Sanford v. Anadarko - arising out of Garvin County.

  13. Point #5 • I want to call your attention to a significant decision that came out of the Court of Appeals in May 2001. • Vastar Resourses v Betty J. Howard – arising out of Garvin County.

  14. Vastar Resources, Inc. v. Howard2002 OK CIV APP 1338 P.3d 236

  15. Ward Petroleum Corp. v. Stewart2003 OK 1164 P.3d 1113

  16. YDF, Inc. v. Schlumar, Inc.2006 OK 32136 P.3d 656

  17. Chesapeake Operating, Inc. v. Loomis2007 OK CIV APP 55164 P.3d 254

  18. Bays Exploration, Inc. v. Jones2007 OK CIV APP 111172 P.3d 217

  19. Ranken Energy Corporation v. DKMT Company2008 OK CIV APP 61Case Number: 104711

  20. Eric R. King Eking@Gablelaw.com

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