The surface damages acts of most of these states, developers of mineral interests are generally required to attempt negotiations for damage settlements before commencing operations on extracting minerals. The amount of damages may be determined by any formula mutually agreeable between the developer and surface owner. If a surface owner seeking compensation rejects the offer of the mineral developer, such person can bring an action in court, and, if the amount awarded by the court is greater than the offer by the developer, the court shall award reasonable attorney fees, costs, and interest to the surface owner. Mineral developers are also responsible for damages to the domestic, livestock, or irrigation water supply of any person who owns an interest in real property within one-half mile of drilling operations. The amount of damages may be determined by any formula mutually agreeable between the developer and surface owner, and consideration shall be given to the period of time during which the loss occurs.
Payments only cover land directly affected by drilling operations and production.
Oklahoma Requires a mineral owner to negotiate a written contract with the surface owner for the payment of any damages which may be caused by a drilling operation prior to entering the site with heavy equipment. If agreement is not reached or all parties are not contacted, the district court shall appoint an appraiser to make recommendations to the parties and to the district court concerning the amount of damages. The amount of damages may be determined by any formula mutually agreeable between the developer and surface owner. Mineral developers are responsible for all damages to property resulting from the lack of ordinary care by the mineral developer. To receive compensation under the surface damage statutes, the surface owner must notify the mineral developer of damages within two years after the injury becomes apparent or should have become apparent to a reasonable man.