Childers v. Arrowood

Summary

The Oklahoma Supreme Court held that Oklahoma’s statutory phrase “private ways of necessity” includes utility easements when such utilities are necessary for the effective use and reasonable enjoyment of the dominant estate. The Court affirmed the trial court’s grant of a utility easement to the Childers and remanded for further proceedings. The decision rested on a textual and purposive reading of 27 O.S. § 6 and an exemption in the state constitution and the Fifth Amendment takings clause.