Easements and Rights-of-Way in Oklahoma

Oklahoma is crisscrossed by miles of crude oil and products pipelines, natural gas pipelines,
electric power lines, telephone lines and cable television lines. See Real Property: The Effect of Floating Easements Held by Pipeline Companies on Marketability of Title and Land Values, 37 OKLA. L. REV. 180, 181 n.7-8 (1984). The owners of such lines almost always install them across lands owned by someone else. Their rights to place the lines on lands owned by another exist in the nature of a particular kind of easement: a right-of-way. Those rights-of-way are acquired through several different methods. They are perhaps most frequently granted through the use of an instrument voluntarily entered into between the fee owner and the person desiring the right-of-way.
Some rights-of-way were retained by the State for roads. Some are acquired through prescriptive use of the property of another. Finally, some are obtained by exercise of the power of eminent domain. This presentation will examine various aspects of the nature of rights-of-way in Oklahoma, the construction of rights-of-way, the rights of the dominant and servient estates and special issues with rights-of-way across Indian land.


Types of Easements
The Rights and Duties of the Right-of-Way Owner and the Owner of the Servient Estate
Construction of Easements


James J. Proszek

James J. Proszek

Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.

  • Shareholder in the Tulsa, Oklahoma office of the law firm of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.
  • Trial attorney with more than 30 years of experience
  • Represents utility owners in right-of-way acquisition, condemnation proceedings and litigation concerning damage to underground facilities and right-of-way disputes in 33 states
  • Advisory member of the board of directors of the Oklahoma One-Call System
  • Achieved the highest rating in the Martindale-Hubbell Law Directory
  • Selected as Best Lawyer in America in communications law
  • Recipient of the 2010 Oklahoma Bar Association Pro Bono Award
  • Can be contacted at 918-594-0529 or [email protected]

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