JUNE 2024 | 25 THE OKLAHOMA BAR JOURNAL revised (2024) position of the AG concerning whether these constitutional and statutory bars cover “oil and gas” and other “minerals” because these interests might arguably constitute “land.” Initially, in 2023, the AG gave the following informal written answer to a question posed to his office by the Oklahoma Land Title Association (“OLTA” – the Oklahoma title industry association): Question: The statute says, “acquire title to or own land,” but the affidavit says, “land or minerals.” We want to confirm that the affidavit will also apply to mineral interests since they are real property interests is that correct? Answer: Yes, the definition of land in 60 O.S. §6 includes soil, rock, other substance, and pore space (including oil or gas). It is correct that the type of property interest covered by the constitutional and statutory bars is “land.” It is also correct that 60 O.S. §6 (relied on by the AG for its initial position) defines “land.” However, the AG reconsidered its initial position, which included “oil and gas” in the definition of “land” as used in the statutory bar language of Section 121. In the later formal AG Opinion 2024-2, the AG reversed its earlier position based on a further review of the language of 60 O.S. §6. The new position of the AG is that 1) based on statutory interpretation, “oil and gas” is not included in the statutory definition of “land,” and therefore, no affidavit is required to be attached to a deed or other conveyance of “oil and gas,” and 2) based on statutory discretion (granted in the language of Section 121), deeds to “minerals” are not subject to the requirement to have an affidavit attached to a deed or other conveyance of “minerals” (meaning all minerals, whether solid, liquids or gases). More specifically, the AG issued its OK AG Opinion 2024-2, dated Feb. 6, 2024, in response to a formal request for an opinion from Oklahoma Sen. Brent Howard that asked, “What instruments are not subject to the affidavit requirement in title 60 section 121 (Supp.2023) of the Oklahoma Statutes?” Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Alizada Studios - stock.adobe.com
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