Santa Fe Minerals v. Sanford

OPINION

HUNTER, Judge:

This is an appeal by the Sanfords, the lessors of an oil and gas lease, from the trial court’s order granting Appellee, Santa Fe’s, motion for summary judgment. Santa Fe sued under the Oklahoma Surface Damages Act, 52 O.S.1991 §§ 318.2-318.9. The Sanfords counterclaimed on the ground that they were the owners of a Well bore and casing on their land.

In March 1990, Santa Fe filed a petition for the appointment of appraisers under § 318.5 of the Act. because it wanted to rework the Well located on the Sanfords’ property. The Sanfords had bought the tract on which the Well…