§ 15-72-219 - Compensation of surface owners and surface tenants for damages -- Restoration of land. - Arkansas Statutes

15-72-219. Compensation of surface owners and surface tenants for damages -- Restoration of land.

(a) A surface owner or surface tenant is entitled to reasonable compensation where a spill of crude oil or produced water has occurred and has caused damages to real property, growing crops, trees, shrubs, fences, roads, structures, improvements, livestock, personal property or measurable damage to the productive capacity of the soil.

(b) In addition to any compensation or damages paid by the operator under subsection (a) of this section, the operator shall restore the damaged land in accordance with all applicable rules and regulations of the:

(1) Arkansas Department of Environmental Quality; or

(2) Oil and Gas Commission.

(c) Any rules or regulations adopted by the department or the commission pertaining to spills of crude oil or produced water shall:

(1) Provide, as nearly as practicable, for remediation of any spill of crude oil or produced water to the condition of the real property before the spill; and

(2) Specify a reasonable time frame for commencing and completing remediation of any spill of crude oil or produced water to the condition of the real property before the spill.

(d) If the party responsible for damage to real property caused by a spill of crude oil or produced water fails to restore the real property in accordance with applicable rules and regulations, then the surface owner or surface tenant may bring an action for restoration or remediation:

(1) In that action, if the surface owner or surface tenant proves by a preponderance of the evidence that the party responsible for the damage has failed to restore and remediate the real property, then the surface owner or surface tenant is entitled to an order requiring restoration or remediation to appropriate standards of the applicable agency; and

(2) In addition to the relief provided in subdivision (d)(1) of this section, the surface owner or surface tenant may be allowed a reasonable attorney's fee together with costs associated with maintaining an action for restoration or remediation.

(e) This section shall become effective on September 17, 2007, and will apply to spills of crude oil and spills of produced water that occur after that date.

(f) Nothing contained in this section is intended to limit or restrict the rights of any surface owner or surface tenant to maintain a cause of action for any damage to real property that is not addressed by the rules and regulations adopted by the department or the commission pertaining to spills of crude oil or produced water.

(g) Nothing contained in this section shall alter, affect, or modify the terms of any oil or gas lease pertaining to restoration or remediation of damaged real property that are more stringent than the provisions of this section.

(h) The provisions of this section are remedial in nature.