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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 64. PUBLIC LANDS

  § 64-1003. Public project and programs using federal, state or local funds, nonprofit rural water districts and certain rural water districts - Easements.  

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  • A.  The Commissioners of the Land Office may grant easements to entities with power of eminent domain pursuant to the policies of Section 13 of Title 27 of the Oklahoma Statutes.

    B.  The Commissioners shall, upon written application, grant easements to:

    1.  Nonprofit rural water districts organized pursuant to Section 863 of Title 18 of the Oklahoma Statutes;

    2.  Rural water districts organized pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act; or

    3.  Rural electric cooperatives organized pursuant to Section 437 of Title 18 of the Oklahoma Statutes, for the purpose of laying a water or power line upon the property.

    C.  Prior to the granting of such easement, an appraisal shall be conducted to determine the fair market value of the easement.  The district or cooperative requesting the easement shall petition the District Court in the county in which the easement is located to determine the fair market value of the easement.  The court shall appoint three disinterested persons who are residents of that county who shall first take an oath to fairly and impartially appraise the value of the easement.  The appraisers shall meet and determine the fair market value of the easement, in writing, and return the same under their signatures to the court.  Said appraisal shall show the fair market value of the easement.  Appraiser's fees shall be set by the court and charged to the requesting district or cooperative as costs.  The district or cooperative shall enclose a certified copy of the appraisal and payment in the amount of the appraised value with its written request for easement to the Commissioners of the Land Office.  Except for the amount received for the granting of an easement, no additional fees or other charges shall be assessed by Commissioners of the Land Office for the granting of such easement.

    D.  The granting of easements pursuant to this section shall be timely and shall not exceed sixty (60) days from date that the appraisal is submitted to the district court.

    E.  Easements shall run concurrently with the life of the facilities installed.

Added by Laws 1989, c. 173, § 3, operative July 1, 1989.  Amended by Laws 1992, c. 244, § 1, eff. Sept. 1, 1992; Laws 1994, c. 339, § 4, emerg. eff. June 8, 1994.  Renumbered from § 1.4 of this title by Laws 2010, c. 41, § 55, emerg. eff. April 2, 2010.