Compulsory Pooling and Unitization: Oklahoma Constitutional Law: Due Process; Notice

摘要

The plaintiff mineral owners sue New Dominion, the operator of a well under a compulsory pooling order of the Oklahoma Corporation Commission, to quiet title and for an accounting. The plaintiffs are the successors to a mineral interest previously owned by "Olinka Hrdy." When New Dominion pursued its forced pooling actions with regard to Olinka Hrdy and others, the pleadings and notices filed with the Commission, as well as the publication notice, incorrectly named "Olinka Hardy." After the Commission grants the requested pooling and issues its order affording the appropriate options to the respondents named in the proceedings, no election is made by Olinka Hrdy. A well is drilled by New Dominion. Several years later, the successors in interest to Olinka Hrdy contact New Dominion seeking to participate in the well. They assert that Olinka Hrdy's interest was not been pooled because of the incorrect listing or spelling of her name in all of the documents related to the pooling action. When New Dominion refuses to recognize the interest as being an un-pooled interest, the successors file the present lawsuit. The trial court grants New Dominion's motion to dismiss, which argues that the present lawsuit is an improper collateral attack on the Commission's order.