Req. No. 1435 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 764 By: Hicks
AS INTRODUCED
An Act relating to airspace; amending 60 O.S. 2021,
Sections 803 and 805, which relate to airspace as
real property, and titles, estates, rights, and
interests pertaining to airspace; removing exceptions
for wind and solar energy agreements ; repealing 60
O.S. 2021, Section 820.1, which relates to the
Airspace Severance Restriction Act; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 60 O.S. 2021, Section 803, is
amended to read as follows:
Section 803. Airspace as defined herein is real propert y, and
until title thereto or rights, interests , or estates therein are
separately transferred, airspace is the property of the person or
persons holding title to the land surfa ce beneath it, subject to the
limitations relating to wind or solar energy agre ements provided in
Section 1 of this act .
SECTION 2. AMENDATORY 60 O.S. 2021, Section 805, is
amended to read as follows:
Req. No. 1435 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 805. Subject to the limitations relating to wind or
solar energy agreements provided in Section 1 o f this act, all All
forms of titles, estates, right s, and interests which may presently
exist or which may hereafter be created by law or equity or under
statutes pertaining to real property may be legally created,
transferred and conveyed in airspace, whe ther or not such airspace
is contiguous to the surf ace of the earth; and the same shall
constitute titles, estates, rights , and interests in real property
under and subject to the laws pertaining thereto.
SECTION 3. REPEALER 60 O.S. 2021, Section 820.1, is
hereby repealed.
SECTION 4. This act shall become effective November 1, 2023.
59-1-1435 RD 1/18/2023 6:45:10 PM