Surface Rights: Oklahoma Surface Damages Act

摘要

This case involves a surface damages appraisal action, commenced by Calyx, as operator, under the Oklahoma Surface Damages Act (the "Act") (52 O.S. §§ 381.2 to 381.9). The three appraisers return a report assessing $12,500 in surface damages. The landowners demand a jury trial, and the jury assesses damages to be in the amount of $23,500. Because the damages award on the jury verdict exceeds the appraisers' award of $12,500, the court finds that the landowners are entitled to reasonable attorney's fees. The landowners request that the trial court award treble damages based on their contention that the operator violated the Act by failing to post the damages bond required by section 318.4 of the Act. That claim is tried to the court, which rules that while Calyx failed to post a location damage bond as required by the Act, it had not done so "willfully and knowingly" because it in good faith confused the requirement for a "plugging bond" (which it did file) with the Act's own requirement for a damages bond.