BELL v. PHILLIPS PETROLEUM CO.

No. 52386.

641 P.2d 1115 (1982)

William H. BELL, Individual Trustee of the J.A. Chapman and Leta M. Chapman Charitable Trust and William H. Bell, Co-Executor of the Estate of Horace G. Barnard, deceased, Appellants, v. PHILLIPS PETROLEUM COMPANY, a Corporation, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied March 22, 1982.


Attorney(s) appearing for the Case

A. Wayne Breeland, David B. Whitehill, Rogers & Bell, Tulsa, for appellants.

Kenneth Heady, C.J. Roberts, Bartlesville, Galen E. Ward, Don S. Zimmerman, Oklahoma City, Kane, Kane, Wilson & Mattingly, Pawhuska, for appellee.


OPALA, Justice:

The principal issue on appeal is whether regulations of the Secretary of the Interior which impress a servitude on all surface lands in Osage County in favor of Osage tribal oil-and-gas lessees for activities relating to mineral production on leased lands and thus relieve them from having to purchase right-of-way easements for crossing unleased lands amount to a constitutionally impermissible taking of property...

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