reglab/housing_qa huggingface dataset:
11 OK Stat § 11-42-101 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-101. Definitions.

|In Sections 42-101 through 42-115 of this title, the following terms shall have the meanings respectively provided for them in this section, unless the context otherwise requires: |1. "Close" means a legislative act of the governing body of a municipality discontinuing the public use of a public way or easement without affecting title to real property;2. "Vacate" means the termination, by written instrument, as provided in Section 42-106 of this title, or judicial act of the district court, of private and/or public rights in a public way, easement or plat and vesting title in real estate in private ownership;3. "Public way" means a street, avenue, boulevard, alley, lane or thoroughfare open for public use; and4. "Easement" means rights in real property as set forth in Section 49 of Title 60 of the Oklahoma Statutes.Laws 1977, c. 256, § 41-101, eff. July 1, 1978.
11 OK Stat § 11-42-102 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-102. Application by owner for vacation of platted tract, street, alley, easement or public way - Power of district court.

|A. If the owner of any tract of land platted for municipal purposes, or the owner of any portion of such platted tract, desires to vacate the whole or some part thereof, or desires to vacate a platted street, alley, easement or portion thereof, the owner shall file a verified application setting forth his current address and briefly stating the reason for vacating, in the district court in the county where the land is located. |B. Notwithstanding provisions in subsection A of this section, if the owner of any tract of land platted for municipal purposes for a public way desires to vacate some part thereof and the portion thus vacated would not obstruct the use of the balance of the tract as a street, avenue, alley, lane or thoroughfare open for public use, and which tract after vacation would remain bounded on all sides by land platted for municipal purposes, the owner may file a verified application in the district court in the county where the property is located. The district court is authorized, upon application by such owner and upon showing that previous use of the tract as a street would remain unobstructed, to alter or vacate the platted tract or any part thereof.C. In cases where a portion of a tract is vacated but remains bounded on all sides by public ways and public grounds, title to the portion vacated shall pass to the municipality or public entity created by the municipality for the purpose of managing, developing, maintaining or leasing, for any lawful purpose, public or private, the tract so vacated. The title to said tract shall remain with the municipality or other public entity until such time as any adjacent tract comprising the public way or street is subsequently vacated and no longer used for a public purpose.Laws 1977, c. 256, § 42-102, eff. July 1, 1978; Laws 1979, c. 236, § 1. Amended by Laws 1990, c. 194, § 1, emerg. eff. May 10, 1990.
11 OK Stat § 11-42-103 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-103. Notice of application to court for vacation - Right to resist.

|A. In addition to any other requirements for notice provided by this section, notice of hearing shall be given to the public by one publication in some newspaper of general circulation in the municipality where the land is located. If there is no newspaper published in such municipality where the land is located, the publication may be in some newspaper of general circulation in the county where the land is located. Such notice shall be published at least thirty (30) days prior to the time when the application has been set for hearing by the court. |B. The court shall set a date for hearing on an application for vacation, not less than thirty-five (35) days nor more than sixty (60) days after the filing of the application. Notice of the hearing, with a copy of the application attached thereto, shall be served at least thirty (30) days prior to the date set for said hearing in the same manner as is provided for service of process in civil actions on:1. The governing body of the municipality if the tract, street, alley, easement or portion thereof is inside the municipal limits;2. The board of county commissioners; and3. Any holder of a franchise and others having a special right or privilege granted by ordinance or legislative enactment to use the platted tract or portion thereof or street, alley, easement or portion thereof sought to be vacated.C. Notice of the hearing shall be mailed by first class mail at least thirty (30) days prior to the date set for said hearing to: 1. All owners of land, as shown by the current year's tax rolls in the office of the county treasurer, within three hundred (300) feet of the tract, street, alley, easement or portion thereof sought to be vacated; and2. All persons, firms or corporations, not otherwise required to be notified, that are known by the applicant to claim an interest or right in the tract, street, alley, easement or portion thereof sought to be vacated.Attached to any application shall be the certificate of a bonded abstractor listing the names and mailing addresses, as reflected by the current year's tax rolls in the office of the county treasurer, of all persons required to be notified herein.D. The municipality, county, and any holder of a franchise or other special right or privilege, or any owner of any land required by this section to be notified, may appear and oppose and resist the application if such party has filed, at least five (5) days prior to the date set for said hearing, a verified answer showing the grounds therefor. A copy of the answer shall be mailed to the applicant or applicants the date the answer is filed.Laws 1977, c. 256, § 43-103, eff. July 1, 1978.
11 OK Stat § 11-42-104 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-104. Hearing and determination - Extent of relief.

|A. If the applicant for vacation produces to the court satisfactory evidence that the service of notice, mailing, and notice of publication required by Section 42-103 of this title has been given, the court shall proceed to hear and determine the application as well as any objections thereto. |B. If the application shall be for the vacation of the entire plat, and no owner of any portion thereof or the holder of a franchise or other special right or privilege shall appear and object to such vacation, the entire plat may be vacated. If it shall appear that portions of the plat are not used or required for county or municipal purposes, or for the holder of a franchise or other special right or privilege, as platted, the court may vacate such portions thereof as will not injuriously affect the rights of owners of other portions of the plat or the public.C. If the application shall be by the owner of a portion of the platted tract for the vacation of such portion only, or for the vacation of a street, alley, easement or portion thereof abutting such portion, the court may vacate such portion or abutting street, alley, easement or portion thereof as will not injuriously affect the rights of owners of other portions of the plat or the public if it shall appear that:1. The portion or abutting street, alley, easement or portion thereof desired to be vacated is either not used or not required for county or municipal purposes or for the use of the holder of a franchise or anyone having a special right or privilege granted by ordinance or legislative enactment; and accordingly, said street, alley, easement or portion thereof has been closed to the public by enactment of any ordinance or resolution;2. The platted street, alley, easement or portion thereof on or across such portion has never been used by the public; or3. The public has for more than ninety (90) days abandoned such by nonuser, or that the same has been enclosed and occupied adversely to the public for more than ninety (90) days, and that application has been made to the governing body of the county or municipality where the property is located at least ninety (90) days prior to the filing of the application for vacation in the district court for an ordinance or resolution closing the street, alley, easement or portion thereof to public use, but the governing body has failed, refused or neglected to enact such an ordinance or resolution.Laws 1977, c. 256, § 42-104, eff. July 1, 1978; Laws 1979, c. 236, § 3.
11 OK Stat § 11-42-105 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-105. Rights of municipal utilities and transmission companies.

|No vacation of any plat or public way, or part thereof, shall operate to invalidate or impair the right of any municipal utility or regulated transmission company to continue to possess, occupy, and use that part of the public ways, utility easements, or rights-of-way existing within the affected area and occupied and used by any municipal utility or regulated transmission company for the performance of its public service undertaking. Said easements shall be defined in any decree of vacation. The municipal utility or regulated transmission company may maintain, replace, repair, and operate its facilities, have unrestricted ingress and egress to said locations, and remove its facilities without impairment by reason of the vacation or partial vacation of any plat or public way. |Amended by Laws 1984, c. 126, § 72, eff. Nov. 1, 1984.
11 OK Stat § 11-42-106 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-106. Vacation of plat by written agreement of owners.

|A. Any plat of a municipality or addition thereto or any subdivision of land may be vacated by the owners thereof at any time before the sale of any lots therein by a written instrument declaring the same to be vacated, duly executed, acknowledged or proved and recorded in the same office with the plat to be vacated. The executing and recording of the written instrument, bearing the approval or consent of the municipality in which the plat is situated, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the public ways, commons, and public grounds laid out as described in the plat. |B. Where any lots in the plat sought to be vacated have been sold, the plat or a portion thereof may be vacated as provided in subsection A of this section, provided that the owners of sixty percent (60%) of the lots in the plat and all of the owners in the area to be vacated join in the execution of the written instrument, the instrument bears the approval of the municipality in which the plat is situated, and such action is not prohibited by any restrictive covenants encumbering the lots in plat.C. Notwithstanding the foregoing provisions, any plat of record in the office of the county clerk in the county in which the real property is situated, for a period of not less than ten (10) years, which bears the approval of the municipality in which the real property is situated, which replats an existing plat, or a portion thereof, shall be deemed a lawful replatting of any plat, or portion thereof, thereby vacating the plat, or a portion thereof, which is replatted.D. This section shall not be construed as applying to any of the territory included within the limits of any incorporated municipality created and organized under and by virtue of a special act of the Legislature.Added by Laws 1977, c. 256, § 42-106, eff. July 1, 1978. Amended by Laws 1993, c. 241, § 2, eff. Sept. 1, 1993; Laws 2002, c. 74, § 1, emerg. eff. April 15, 2002.
11 OK Stat § 11-42-107 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-107. Record of vacation.

|Any decree or written instrument vacating a plat or portion thereof shall be filed and recorded in the office of the county clerk in the county where the land is situated and shall include a metes and bounds legal description of the area being vacated and a separate metes and bounds legal description of the area, if any, remaining platted. The clerk shall write in plain, legible letters across that part of the plat so vacated the word "Vacated". The county clerk shall provide a copy of the metes and bounds legal description of the property being vacated as furnished by the petitioner to the county assessor. The clerk shall also note on the original plat a reference to the decree or instrument and the volume and page where recorded. |Added by Laws 1977, c. 256, § 42-107, eff. July 1, 1978. Amended by Laws 2005, c. 116, § 1, eff. Nov. 1, 2005.
11 OK Stat § 11-42-108 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-108. Vacating part of a plat - Closing highways.

|Any part of a plat may be vacated in accordance with the procedures and subject to the conditions of Sections 42-101 through 42-115 of this title, provided that such vacating does not abridge or destroy any of the rights and privileges of other owners in the plat. Nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. |Laws 1977, c. 256, § 42-108, eff. July 1, 1978.
11 OK Stat § 11-42-109 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-109. Replatting of vacated plat - Effect on rights-of-way and restrictive covenants - Reversion of fee.

|A. The owner of any lot in a plat which has been vacated by decree or written instrument may cause the same and a proportionate part of adjacent public ways and public grounds to be replatted and numbered by a registered land surveyor. The owner of any platted lot or lots may replat the lot or lots without necessity of vacating the initial plat or applicable portion thereof if such action is not prohibited by any restrictive covenants encumbering the lots. A replat shall not be deemed a vacation of the initial plat nor affect any preexisting public ways, utility easements or rights-of-way. A replat or a vacation of a plat shall not be deemed a termination of any restrictive covenants which are otherwise enforceable. When a replat is acknowledged by the owner and bears the approval of the municipality in which the plat is situated and is recorded in the office of the county clerk of the county in which the plat is located, the lots may be conveyed and assessed by the numbers given them on the plat. |B. When any part of a plat has been vacated by decree or written instrument, the owners of the lots so vacated may enclose the public ways and public grounds adjoining the lots in equal proportion.C. Nothing contained in this article shall operate to preclude a fee from reverting to its owner when a public right-of-way is vacated in law or in fact.Added by Laws 1977, c. 256, § 42-109, eff. July 1, 1978. Amended by Laws 2002, c. 74, § 2, emerg. eff. April 15, 2002.
11 OK Stat § 11-42-110 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-110. Power to close public ways or easements by ordinance - Reopening - Rights of utilities.

|A. The municipal governing body by ordinance may close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The procedure for closing a public way or easement shall be established by ordinance or resolution adopted by the municipality. |B. The municipality shall give written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of a public way or easement.C. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. The public way or easement may be reopened by ordinance whenever:1. The municipal governing body deems it necessary; or2. An application of the property owners owning more than one-half in area of the property abutting on the public way or easement previously closed is filed with the governing body.D. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof.Laws 1977, c. 256, § 42-110, eff. July 1, 1978.
11 OK Stat § 11-42-111 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-111. Court action by owners to foreclose or reopen public way - Petition.

|Any owner of any real estate to which any public way or easement, or any part thereof, has heretofore reverted or may hereafter revert by closing, within the corporate limits of any municipality, may commence an action in the district court in the county in which the real estate is situated, upon filing a verified petition. The petition shall show the passage of an ordinance closing the public way or easement and ask for the foreclosure of the absolute right to reopen the public way or easement or ask for the reopening of the public way or easement. Attached to the verified petition shall be the certificate of a bonded abstractor listing the names and mailing addresses of all persons required to be notified as set forth in Section 42-112 of this title. |Laws 1977, c. 256, § 42-111, eff. July 1, 1978.
11 OK Stat § 11-42-112 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-112. Notice of court action by owners to foreclose or reopen.

|Notice of the verified petition by a property owner to foreclose the right to reopen the public way or to reopen the public way shall be given by: |1. Service of summons to the municipality as provided in civil action;2. Service of summons to public service corporations, transmission and utility companies or franchise holders having rights in the public way or easement; and3.a.Mailing by first class mail at least thirty (30) days before the hearing a copy of the petition and a copy of the notice to be published as provided in subparagraph b of this paragraph to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, of property abutting that portion of the public way or easement sought to be vacated, and such other owners of record whose property abuts said public way or easement within three hundred (300) feet from that portion of said public way or easement sought to be vacated; and to any person, firm or corporation, not otherwise required to be notified, that is known by the petitioner to claim an interest or rights in the public way or easement. An affidavit verifying the mailing of the petition and notice as provided for in this subparagraph shall be filed in the action.b.Notice to the public shall be given by one (1) publication in a newspaper of general circulation published in the county where the property is located, which publication shall be at least thirty (30) days prior to the hearing. The summons or publication notice shall provide for an answer date not less than twenty (20) days after issuance of the summons or first publication notice.Added by Laws 1977, c. 256, § 42-112, eff. July 1, 1978. Amended by Laws 1988, c. 57, § 1, eff. Nov. 1, 1988; Laws 1997, c. 28, § 1, eff. July 1, 1997.
11 OK Stat § 11-42-113 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-113. Hearing and disposition of petition to foreclose or reopen.

|A. At the hearing on the petition, the district court shall inquire into the merits of the petition and take testimony as in any special proceeding and, upon determination of the issues, may: |1. grant the foreclosure of the right to reopen the public way or easement unless the municipality has established that it has a present or future reason to reopen or use the public way or easement as a public way or easement;2. grant the request to reopen the public way or easement;3. deny the petition; or4. make any proper order pursuant to the facts and the law.B. The order granting foreclosure of the right to reopen the vacated public way or easement, or portion thereof, shall vest a complete fee simple title in and to the vacated part or portion thereof which reverted to the real estate.C. When any public way or easement is vacated, the same shall revert to the owners of real estate adjacent to such public way or easement on each side, in proportion to the frontage of the real estate, except in cases where such public way or easement has been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots or real estate in proportion to which it was taken from them or dedicated. Provided, however, when any public way or easement so vacated remains bounded on all sides by public ways, public grounds, or public easements, title to the entire tract vacated shall vest in the municipality but may then be used by the municipality or a leasehold conveyed by act of the governing body for any lawful purpose, public or private.Amended by Laws 1984, c. 126, § 73, eff. Nov. 1, 1984; Laws 1990, c. 194, § 2, emerg. eff. May 10, 1990.
11 OK Stat § 11-42-114 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-114. Limitation on claims for damages.

|No one may maintain an action for damages against the parties obtaining a decree of vacation of a public way or easement, their heirs, assigns, or successors, unless commenced within ninety (90) days after the decree of vacation has been rendered or the decree has become final if an appeal has been taken. |Laws 1977, c. 256, § 42-114, eff. July 1, 1978.
11 OK Stat § 11-42-115 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-42-115. Validation.

|Any and all judgments rendered prior to October 1, 1973, for the vacation of a plat, public way or easement in actions that were prosecuted in compliance with the law applicable at the time such action accrued are hereby validated and declared to be legal and valid; except that any action which was commenced prior to October 1, 1973, or any action accruing prior to October 1, 1973, which is commenced prior to October 1, 1974, shall be determined according to the law in effect at the time of the accrual of such action, and the rights of the parties to such pending litigation or litigation commenced prior to October 1, 1974, shall not be affected by the provisions of this article. |Laws 1977, c. 256, § 42-115, eff. July 1, 1978.
11 OK Stat § 11-43-101 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-43-101. General powers of municipalities.

|For the purpose of promoting health, safety, morals, or the general welfare of the community, a municipal governing body may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes. |Laws 1977, c. 256, § 43-101, eff. July 1, 1978.