Oklahoma HB 1060: Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.

Bill Text

An Act
ENROLLED HOUSE
BILL NO. 1060 By: Wilk of the House

and

Standridge of the Senate

An Act relating to easements; enacting the Oklahoma
Uniform Easement Relocation Act of 2025; defining
terms; making provisions of act applicable to certain
easements; excluding certain easements from relation;
establishing the right of a property owner to
relocate an easement in certain circumstances;
providing that a property owner may commence a civil
action to relocate an easement; providing the
requirements for commencing a civil action to
relocate an easement; providing the court guidelines
in creating an order for relocation of an easement;
requiring the recordation of certain documents prior
to relocation of an easement; providing for
reasonable expenses related to the relocation of an
easement; requiring the parties to a civil action for
easement relocation to act in good faith in
facilitating relocation; providing when a proposed
easement relocation is considered to be final and
complete; providing and limiting the effect of an
easement relocation; providing that the right of a
property to relocate an easement under this act
cannot be waived, excluded, or restricted by
agreement; providing that the law should be applied
and construed to promote uniformity with other states
that enact the act; providing relation to the
Electronic Signatures in Global and National Commerce
Act; providing that this act applies to an easement
created before, on, or after the effective date of
this act; providing for codification; and providing
an effective date.

ENR. H. B. NO. 1060 Page 2
SUBJECT: Easements

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1501 of Title 60, unless there
is created a duplication in numbering, reads as follows:

This act shall be known and may be cited as the "Oklahoma
Uniform Easement Relocation Act of 2025".

SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1502 of Title 60, unless there
is created a duplication in numbering, reads as follows:

As used in this act:

1. "Appurtenant easement" means an easement tied to or
dependent on ownership or occupancy of a unit or a parcel of real
property;

2. "Conservation easement" means a nonpossessory property
interest created for one or more of the following conservation
purposes:

a. retaining or protecting the natural, scenic, wildlife,
wildlife-habitat, biological, ecological, or open-
space values of real property,

b. ensuring the availability of real property for
agricultural, forest, outdoor-recreational, or open-
space uses,

c. protecting natural resources, including wetlands,
grasslands, and riparian areas,

d. maintaining or enhancing air or water quality, or

e. preserving the historical, architectural,
archeological, paleontological, or cultural aspects of
real property;

3. "Dominant estate" means an estate or interest in real
property benefitted by an appurtenant easement;

ENR. H. B. NO. 1060 Page 3
4. "Easement" means a nonpossessory property interest that:

a. provides a right to enter, use, or enjoy real property
owned by or in the possession of another, and

b. imposes on the owner or possessor a duty not to
interfere with the entry, use, or enjoyment permitted
by the instrument creating the easement or, in the
case of an easement not established by express grant
or reservation, the entry, use, or enjoyment
authorized by law;

5. "Easement holder" means:

a. in the case of an appurtenant easement, the dominant
estate owner, or

b. in the case of an easement in gross, public-utility
easement, conservation easement, or negative easement,
the grantee of the easement or a successor;

6. "Easement in gross" means an easement not tied to or
dependent on ownership or occupancy of a unit or a parcel of real
property;

7. "Lessee of record" means a person holding a lessee's
interest under a recorded lease or memorandum of lease;

8. "Negative easement" means a nonpossessory property interest
whose primary purpose is to impose on a servient estate owner a duty
not to engage in a specified use of the estate;

9. "Person" means an individual, estate, business or nonprofit
entity, public corporation, government or governmental subdivision,
agency, or instrumentality, or other legal entity;

10. "Public-utility easement" means a nonpossessory property
interest in which the easement holder is a publicly regulated or
publicly owned utility under federal law or law of this state or a
municipality. The term includes an easement benefiting an
intrastate utility, an interstate utility, or a utility cooperative;

11. "Real property" means an estate or interest in, over, or
under land, including structures, fixtures, and other things that by
custom, usage, or law pass with a conveyance of land whether or not

ENR. H. B. NO. 1060 Page 4
described or mentioned in the contract of sale or instrument of
conveyance. The term