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Date: 09-19-2019
Case Style:
Case Number: 2019 OK 58
Judge: Douglas L. Combs
Court: THE SUPREME COURT OF THE STATE OF OKLAHOMA
Plaintiff's Attorney:
Call 888-354-4529 if you need a Civil lawyer in Oklahoma.
Defendant's Attorney:
Description:
Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖
Outcome: The SDA's definition of surface owner is ambiguous. This Court is persuaded by the common meaning, expressed legislative intent, and interests of justice that the SDA's use of surface owner applies only to those holding a current possessory interest. Under the SDA, a mineral lessee must negotiate surface damages with those who hold a current possessory interest in the property. A vested remainderman does not hold a current possessory interest until the life estate has come to its natural end. The opinion of the Court of Civil Appeals is vacated. The order of the trial court is affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: