Collins v. Oxley

McWILLIAMS, Circuit Judge.

No. 88-1892

This diversity case involves the Oklahoma Surface Damage Act (the Act), Okla. Stat. tit. 52, § 318.2 (Supp. I 1987). The effective date of the Act was July 1, 1982. Prior to that date, under Oklahoma law the holder of an oil and gas lease had an implied right to enter upon the leased premises and make such use of the surface as was reasonably necessary to develop and produce oil and gas without liability to the surface owner for damage to the surface. He would, however, have been liable to the surface owner for damages resulting from unreasonable entry on…