Oklahoma Surface Damages-Introduction is a state-imposed program designed to protect soil and water resources in the state. The program is intended to reduce the impact of surface damages caused by activities such as oil and gas exploration, drilling, production, and transportation. It is administered by the Oklahoma Corporation Commission (OCC) and is designed to help landowners recover the damage to their property caused by these activities. It also provides guidance and resources to help landowners protect their land from future damage. The program is divided into several types of surface damages: 1. Physical damages: These are damages to the surface of the land such as erosion, destruction of vegetation, and compaction. 2. Chemical damages: These damages are caused by chemicals that are released or spilled on the surface of the land. 3. Biological damages: These damages are caused by plants, animals, or microorganisms that are introduced to the land. 4. Aesthetic damages: These damages are caused by the disruption of the natural beauty of the land. 5. Noise damages: These damages are caused by the noise generated by activities on the land. 6. Cultural damages: These damages are caused by activities on the land that disrupt or destroy cultural resources. 7. Environmental damages: These damages are caused by activities on the land that damage the environment.
Oklahoma Surface Damages-Introduction
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FAQ
I. Any damage done to land surface during mine exploration or development operations. Synonym of: surface break.
Surface rights are rights attached to the surface of the land. With surface rights, you have access to and the ability to build or otherwise use the surface of the land. Mineral rights are sub-surface rights.
A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals. In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else.
"Accommodation" and "accommodation doctrine" mean the exercise of mineral development rights with due regard for the rights of the surface owner as to surface use and improvements, if technologically sound and economically practicable alternative methods of mineral development exist.
Surface rights refer to the ability to control the surface of the land. A person who owns surface rights to a tract of land may build on it, plant and sell crops and timber, use the surface water, lease the land, or sell it.2
Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas. Haupt Inc. v. Tarrant County Water, 870 S.W.
A surface rights holder can exploit all the resources on the land surface. These may include buildings, dwellings, farming of all sorts, digging to a certain depth for construction of wells, septic tanks, or underground storage tanks. The landowner rights are limited to the resources above the land.
The surface owner has an exclusive right to enjoy the surface to the fullest extent. Examples would be to farm the property, run cattle, hunt, fish, build homes and businesses. Surface rights would also include the ability to lease the property to others for farming, ranching, hunting, etc.