Beattie v. State Of Oklahoma, Ex Rel Grand River Dam Authority

41 P.3d 377 (2002)

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Nature of the Case

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Facts

Ps purchased property from the United States of America in 1996. It was conveyed by a quitclaim deed. The property was burdened by five utility easements that the U.S. had granted to D. Four of the easements were for a limited fifty-year term and were given at no cost to D. The fifth, a perpetual easement was given for nominal consideration. The U.S. had the right to require relocation or removal of D's facilities should the property occupied by the facilities be 'needed by the United States, or in the event the existence of said facilities shall be considered detrimental to governmental activities. The deed conveyed 'all of the right, title and interest in the following described property' and specifically reserved to the U.S. certain mineral interests and a flowage easement. The quitclaim deed contained a 'subject to' clause for existing easements for public roads and highways, rights of way for railroads, pipelines, drainage ditches, and public utilities, if any, whether or not shown of record. The deed also listed three of the five easements at issue. P asked D to relocate its facilities underground or remove them from the newly purchased property. D refused. P sued to enforce their rights under the easements. The trial court granted D's motion and denied Ps for summary judgment. The Appeals court affirmed. P appealed.