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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 467 By: Daniels
AS INTRODUCED
An Act relating to nuisance; defining term;
prohibiting nuisance action for certain a ctivities
after specified time period; placing limitation on
award of noneconomic damages in certain actions;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1.2 of Title 50, unless there is
created a duplication in numb ering, reads as follows:
A. For the purposes of this section, “oil and gas activities”
includes but is not limited to oil and gas exploration, drill ing,
fracture stimulation, completion, production, maintenance, plugging
and abandonment, produced water disposal, secondary recovery
operations, flow and gathering lines or pipeline infrastructure.
B. No action for nuisance shall be brought against oil and gas
activities which have lawfully been in operation for two (2) years
or more prior to the date of bringing the action. The established
date of operation is the date on which an oil and gas activity
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commenced. The established date of operation for ea ch change is not
a separately and independently established date of operation and
commencement of the expanded activity does not divest the farm or
ranch of a previously estab lished date of operation if:
1. The physical facilities of the operation are subsequently
expanded or new technology adopted; or
2. Operation is interrupted for no more than three (3) years .
C. In any action for nuisance brought against oil and gas
activities on farm or ranch land p ursuant to this section:
1. The court or jury shal l determine the amount of noneconomic
damages separately from the amount of com pensation for all other
damages; and
2. Noneconomic damages awarded to a plaintiff shall not exceed
the greater of three times the amount of compensatory damages or Two
Hundred Fifty Thousand Dollars ($250,000.00) .
SECTION 2. This act shall become effective November 1, 2021.
58-1-951 TEK 1/19/2021 12:40:30 PM