Okla. Admin. Code § 385:25-1-12

Current through Vol. 42, No. 4, November 1, 2024

Section 385:25-1-12 - Reservations in surface lease; easements

(a)Easements. The State shall reserve for itself, its lessees, permittees or grantees, and their assigns, easements for ingress and egress for any purpose of exploring for, drilling, producing, storing and marketing of oil, gas, coal, and any other minerals which may be produced from said premises, or from other premises communitized with school lands and for any other purpose the Commissioners deem appropriate for use of the land.

(b)Permanent and term easements. Permanent easements may be granted to governmental entities and to railroad companies for expansion of railway lines. All other easements may be granted for a term not to exceed twenty (20) years. Both permanent and term easement(s) must be compensated for at fair market value and shall be approved by the Commissioners but do not have to be offered at public bid. Grantee shall be liable to surface lessee for surface damages to crops or lessee owned improvements.

(c)Conversion of easement upon sale of land. If a tract of school lands with a term easement (granted for 20 years or less) is sold; prior to such sale, the grantee of the term easement may request the Commissioners to convert the easement to a permanent easement. If the easement is converted to a permanent easement, the Trust shall be compensated for fair market value of the difference in value between the term easement and the permanent easement.

(d)Rights of way. Right of way easements will be granted pursuant to law and public policy at not less than fair market value.

(e)Recreational use. Agricultural leases include the right of lessee to use the lease for hunting, fishing or other recreational purposes. Lessee may post the property or may allow hunting and fishing. Lessee may retain any fees charged for hunting and fishing rights. This does not violate the subleasing provision of the contract.

(f)Adding parties to the lease. Lessees using an agricultural lease primarily for recreational purposes may add lessees to the lease as permitted by this subchapter. Added lessees may farm or ranch the lease as provided by the lease terms.

Okla. Admin. Code § 385:25-1-12

Amended at 16 Ok Reg 1451, eff 5-27-99; Amended at 22 Ok Reg 2094, eff 6-25-05; Amended at 29 Ok Reg 1306, eff 6-25-12

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024