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Houck v. Hold Oil Corp.12/21/1993
be considered solely as they have an effect upon the diminishment in value of the surface estate before and after the drilling operations. Davis, 766 P.2d at 1352; Dyco Petroleum Corp. v. Smith, 771 P.2d at 1008. Thus, we reiterate here, the proper measure of damages under a case brought pursuant to the Act is the difference in the fair market value of the entire tract immediately before the drilling operations and the fair market value of the tract immediately after the drilling operations.
In conformity with the views expressed, the opinion of the Court of Appeals is VACATED IN PART, the trial court judgment is AFFIRMED IN PART AND REVERSED IN PART and the matter is REMANDED for a new trial.
HODGES, C.J., and HARGRAVE and ALMA WILSON, JJ., concur.
OPALA, J., concurs by reason of stare decisis.
KAUGER, J., concurs in I and II; concurs in result as to III and IV.
SUMMERS and WATT, JJ., concur in part; dissent in part.
SIMMS, J., dissents as to I; concurs as to II, III and IV.
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