In Oklahoma, oil and gas development is a major industry. The thing is, it often occurs on land owned by someone other than the mineral rights holder. If you are a surface landowner, you may wonder what rights you have when oil and gas companies operate on your property. Oklahoma law provides important protections for surface owners, even though mineral rights often seem to take precedence.
At Prado Law Offices, our Oklahoma City oil and gas lawyers are here to protect the rights of surface landowners. You have legal protections and compensable rights. Let us provide the assistance you need.
Surface vs. Mineral Rights: Who Controls What?
Oklahoma recognizes the legal separation of surface and mineral estates. When these rights are severed, the mineral owner or their lessee has the dominant estate. This means they can reasonably use the surface to access and develop the minerals.
However, “reasonable use” does not mean unlimited power. Surface owners retain rights to:
- Protection from unnecessary or excessive surface damage
- Compensation for certain types of harm
- Notice and transparency regarding operations
Understanding the Surface Damage Act
Oklahoma’s Surface Damage Act is the main statute protecting surface owners. It requires oil and gas operators to:
- Provide written notice before commencing drilling operations
- Negotiate in good faith with the surface owner regarding damages
- Pay compensation for surface damages caused by exploration or production
Surface damages may include:
- Loss of agricultural production or income
- Damage to buildings, fences, or roads
- Soil erosion or contamination
- Interference with water sources
If the parties are unable to agree on compensation, either party can request a court-appointed appraisal panel. They are also each entitled to file a lawsuit.
Notice Requirements and Entry Rights
Before entering your land, oil and gas companies must provide written notice at least five days before commencing operations. This notice should include:
- The operator’s contact information
- The proposed location of the well
- The anticipated start date
While operators have the right to access the surface, they must do so in a way that minimizes disruption and complies with Oklahoma law.
Compensation and Damage Recovery
Surface owners are entitled to reasonable compensation for damages. This may be negotiated privately or determined through legal proceedings. Factors affecting compensation include:
- Market value of lost crops or livestock
- Cost of repairing or replacing damaged structures
- Long-term impact on land usability
In some cases, landowners may also recover damages for negligence, trespass, or breach of contract, especially if the operator exceeds their legal authority or causes avoidable harm.
Best Practices for Oklahoma Surface Owners
To protect your rights and property, consider the following strategies:
- Request a Surface Use Agreement: This contract outlines how the operator will access and use your land, including restrictions, restoration obligations, and payment terms.
- Document Everything: Keep records of communications, property conditions, and any damage or disruption.
- Consult an Attorney: A lawyer experienced in Oklahoma oil and gas law can help you negotiate agreements, assess damages, and pursue legal remedies if needed.
- Monitor Operations: Stay informed about drilling schedules, equipment placement, and reclamation efforts.
Proactive engagement helps ensure your land is respected and your rights are enforced.
How to Enforce Your Rights
If an oil and gas company violates your rights or causes damage without compensation, you may pursue legal action. Options include:
- Filing a claim under the Surface Damage Act
- Seeking injunctive relief to stop unauthorized activity
- Suing for negligence or nuisance
- Enforcing breach of contract claims
Learn More About Your Rights as a Surface Landowner in Oklahoma
Surface landowners do have rights, despite what oil and gas companies might make you think. Your rights under Surface Damage Act and other legal requirements give you right that deserve protection.
Our team at Prado Law Offices are ready to assist with surface landowner issues in Oklahoma. Contact us today for a consultation.