Davis Oil Co. v. Cloud

I respectfully dissent. Application of the Surface Damages Act (52 O.S.Supp.1982 § 318.2-318.9 to the lease in this case (which had been executed prior to effective date of the Act) would impair contractual rights established by that lease. Because the legislature in the Act expressed that “Nothing herein contained shall be construed to impair existing contractual rights-”, 52 O.S.Supp.1982 § 318.7, I would not hold the Act applicable in this case.

The trial court instructed the jury that even though the operator had a right to use so much of the surface as was reasonably necessary for its…