Airspace; removing exceptions for wind and solar energy agreements. Effective date.
The passage of SB764 would lead to significant changes in how airspace regulations are applied in Oklahoma. It would clarify the legality of titles, estates, rights, and interests in airspace, as it would no longer be governed by exceptions for renewable energy agreements. The implication is that property owners would have broader rights over their airspace, which might facilitate various developments, including vertical construction and aerial navigation rights.
Senate Bill 764, introduced by Senator Hicks, aims to amend existing Oklahoma laws concerning airspace as real property. The bill seeks to remove the exceptions for wind and solar energy agreements found in previous legislation. By doing so, it reinforces the principle that airspace is considered part of the property rights of the individuals or entities holding the land beneath it, allowing for greater flexibility in the legal management of airspace and potentially opening up avenues for new agreements.
The bill is likely to evoke differing opinions regarding its impact on renewable energy initiatives in Oklahoma. Proponents argue that removing the exceptions could streamline property rights and encourage new investments in airspace usage without the restrictions previously imposed by wind and solar agreements. Conversely, opponents may express concerns that this shift could hinder the growth of renewable energy projects by creating friction between landowners and energy developers, potentially complicating future energy agreements.
In addition to amending sections related to airspace ownership, SB764 also repeals the Airspace Severance Restriction Act. This repeal indicates a legislative intent to simplify property law concerning airspace, further indicating a move towards deregulation in this sector. The effective date for these changes is set for November 1, 2023, allowing for a new legal landscape surrounding airspace and its distinctions as property in Oklahoma.