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§58-932.
§58-932.
Before entering into any such contracts for such easements aforesaid,
an application shall be duly filed in the court in which said
proceedings are pending as to said estates, incompetents or minors,
duly sworn and signed by the executor, administrator or guardian, as
the case may be, and which application shall set forth in detail the
nature and character of said contract and conveyance of said easement
upon and across the lands of said estates, and the purposes for which
the same are to be used and maintained, and under the terms and
conditions thereof, and the consideration therefor, and also setting
forth the reason showing same to be for the best interests of said
estate; thereupon the court shall set said application for hearing and
direct that notice thereof be given not less than five (5) days prior
to the date of hearing by publication one time in some newspaper
published in the county. At the time and place set for said hearing
the court shall conduct a hearing upon said application and if, after
due consideration of same, the court finds that the granting of said
easement for the erection and maintaining of said pipeline,
transmission line, upstream flood-control dam or lake, state or county
highway upon or across said land, will not result in a material injury
to the property of said deceased person, minor or incompetent, and
further finds that the consideration therefor is adequate and proper,
said court may approve the same and authorize and direct the executor,
administrator or guardian to enter into such contract and to execute
such grants or conveyances as to carry the same into effect, and
authorize and direct said executor, administrator or guardian to
deliver same to said persons, individuals, firms or corporations,
conservancy districts or the State of Oklahoma or any subdivisions
thereof, with whom said easement contracts are entered into and so
direct the clerk of said court to enter said order upon the records of
said courts. In all instances where the provisions of Section 512 of
Title 58, as now or hereafter amended, are applicable, they shall
prevail over the provisions of this section.
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