STATE OF OKLA. ex rel. COMMISSIONERS OF LAND OFFICE v. STEPHENS AND JOHNSON OPERATING COMPANY, INC.

Summary

The Oklahoma Supreme Court held that Stephens and Johnson Operating Company was not entitled to attorney fees and costs under the Surface Damages Act after demanding a jury trial and obtaining a verdict more favorable than the appraisers' award. The court rejected the operator's arguments that the railroad condemnation fee provision applied to permit recovery or that equal protection required a prevailing-party award. The court granted certiorari, withdrew the Court of Civil Appeals' opinion, and affirmed the trial court's denial of fees and costs.

Holdings

1. The Surface Damages Act does not authorize attorney fees and costs for the operator because § 318.5(F) permits recovery only by the non-jury-demanding party when the jury-demanding party fails to obtain a verdict more favorable than the appraisers' award. The operator demanded the jury trial and obtained a more favorable verdict, so the statutory condition was not satisfied.
2. Even if § 55(D) is incorporated into Surface Damages Act proceedings, it authorizes attorney fees only for successful landowners, not for a successful operator or condemnor. The operator therefore was not entitled to fees under § 55(D).
3. The statutory authorization of attorney fees for qualifying landowners, without a corresponding authorization for condemning operators, does not violate equal protection.

Questions Presented

1. Whether the Surface Damages Act authorizes attorney fees and costs for an operator that demanded a jury trial and obtained a verdict more favorable than the appraisers' award.
2. Whether the Surface Damages Act incorporates the attorney-fee provision of the railroad condemnation statutes, 66 O.S. 2011, § 55(D), to authorize fees for a successful operator or condemnor.
3. Whether limiting the statutory attorney-fee remedy to qualifying surface owners violates equal protection.

Disposition

affirmed