reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-11.1 - Right to sell

Current through Vol. 41, No. 20, July 1, 2024
The State shall reserve the right to sell or commercially
				develop all or any part of the premises leased, or any lesser estate, right,
				easement, commercial lease, or other interest at any time. If less than the
				entire tract is sold or leased, the annual rental may be reduced
				proportionately for the remainder of the term of the lease.
Added at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-12 - Reservations in surface lease; easements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Easements.
The State shall
			 reserve for itself, its lessees, permittees or grantees, and their assigns,
			 easements for ingress and egress for any purpose of exploring for, drilling,
			 producing, storing and marketing of oil, gas, coal, and any other minerals
			 which may be produced from said premises, or from other premises communitized
			 with Trust land and for any other purpose the Commissioners deem appropriate
			 for use of the land.
(b)
Permanent and term easements.
Permanent easements may be granted
			 to governmental entities and to railroad companies for expansion of railway
			 lines. All other easements may be granted for a term not to exceed twenty (20)
			 years. Both permanent and term easement(s) must be compensated for at fair
			 market value and shall be approved by the Commissioners but do not have to be
			 offered at public bid. Grantee shall be liable to surface lessee for surface
			 damages to crops or lessee owned improvements.
(c)
Conversion of easement upon sale of
			 land.
If a tract of trust land with a term easement (granted for 20
			 years or less) is sold; prior to such sale, the grantee of the term easement
			 may request the Commissioners to convert the easement to a permanent easement.
			 If the easement is converted to a permanent easement, the Trust shall be
			 compensated for fair market value of the difference in value between the term
			 easement and the permanent easement.
(d)
Rights of way.
Right of way
			 easements will be granted pursuant to law and public policy at not less than
			 fair market value.
(e)
Recreational use.
Agricultural leases include the right of lessee
			 to use the lease for hunting, fishing or other recreational purposes. Lessee
			 may post the property or may allow hunting and fishing. Lessee may retain any
			 fees charged for hunting and fishing rights. This does not violate the
			 subleasing provision of the contract.
Amended at 16 Ok Reg 1451,
				eff 5-27-99; Amended at 22 Ok Reg 2094, eff 6-25-05; Amended at 29 Ok Reg 1306,
				eff 6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-13 - Improvements on agricultural and short term commercial leases

Current through Vol. 41, No. 20, July 1, 2024
(a)
Consent.
No improvements shall be placed upon School Land without
			 written consent of the Commissioners.
(b)
Compliance with law.
Any
			 improvements placed on School Land not in compliance with Commission rules or
			 Oklahoma Statutes shall be deemed to become the property of trust fund to which
			 the land belongs.
(c)
Authorization.
The Secretary is authorized to approve in writing,
			 on behalf of the Commissioners of the Land Office, consent for a lessee to
			 place improvements on School Land when the lessee has agreed in writing to
			 remove said improvements at end of his tenure; provided, removal will not cause
			 injury to the land.
(d)
Conservation work.
The Secretary is authorized to approve in
			 writing, on behalf of the Commissioners of the Land Office, consent for a
			 lessee to perform conservation work at his own expense when such practice will
			 improve the land and is supported by a recommendation of a Real Estate
			 Management Specialist. The lessee will not acquire any interest in terraces,
			 ponds, wells, trees, or any similar improvement which cannot be removed without
			 manifest injury to the land.
(e)
Claim of ownership.
The Commissioners of the Land Office assert no
			 ownership of improvements placed at lessees expense upon School Land and which
			 were placed thereon in compliance with Commission policy and rules, and not in
			 violation of Oklahoma Statutes (64 O.S. §
								1059
			 or
			 60 O.S. §
								334
			 ), existing and in effect at the time such improvements were placed on the
			 land, and which can be removed without manifest injury to the land.
(f)
Statute.
The Commissioners of
			 the Land Office will continue to comply with 60 O.S. § 334:
When a
			 person affixes his property to the land of another without an agreement
			 permitting him to remove it, the thing affixed belongs to the owner of the
			 land, unless he chooses to require or permit the former to remove it: Provided,
			 that a tenant may remove from the demised premises at any time during the
			 continuance of his term any thing affixed thereto for purpose of trade,
			 manufacture, ornament or domestic use, if the removal can be effected without
			 injury to the premises, unless the thing has, by the manner in which it is
			 affixed, become an integral part of the premises
.
Amended at 16 Ok Reg 1451,
				eff 5-27-99; Amended at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-14 - Soil conservation and protection from waste

Current through Vol. 41, No. 20, July 1, 2024
All surface lessees of school lands must agree to sign and
				execute any soil conservation plan or program promulgated or approved by the
				Secretary, and to comply with the terms of such plan or program and must
				specifically agree to maintain all terraces, ponds, dams, waterways, wells and
				other similar conservation projects in existence or later built, protect the
				land from waste or erosion and to pay all damages to the trust which result
				from failure to protect the land or to comply with the conservation
				plan.
Amended at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-15 - Maintenance of farm program

Current through Vol. 41, No. 20, July 1, 2024
The lessee of agricultural land shall comply with established
				farm programs to protect crop bases and allotments as set out in the invitation
				to bid and lease contract.
Amended at 16 Ok Reg 1451,
				eff 5-27-99; Amended at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-16 - Specifications of agricultural use of land

Current through Vol. 41, No. 20, July 1, 2024
All agricultural leases shall specify the number of acres
				cultivated, acres non-cultivated, and acres nonusable. The acreage designations
				are provided in the invitation to bid and are incorporated by reference into
				the lease contract. No change in the use of any portion of the land can be made
				by lessee without prior written permission from the
				Commissioners.
Amended at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-17 - Removal of improvements

Current through Vol. 41, No. 20, July 1, 2024
No surface lease nor any lessee owned improvements may be
				assigned, transferred, conveyed or relinquished without prior written consent
				of the Commissioners. The State shall have a lien on all property of the
				lessee, whether improvements, crops or movable structures, to the extent that
				lease payments or assessments are delinquent or the lease is otherwise in
				default.
Amended at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-18 - Lease violations

Current through Vol. 41, No. 20, July 1, 2024
Violation of any of the provisions of a surface lease or
				failure to pay rent on school land shall subject the lessee to legal or
				administrative action or both at the option of the Commissioners to collect
				rent or damages or both.
Amended at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-19 - Corporate agricultural tenants

Current through Vol. 41, No. 20, July 1, 2024
No agricultural lease shall be executed in favor of any
				corporation or its agent, or a third party for the use and benefit of a
				corporation, except as provided in 18 Okl. St. Ann., 1981 §951, et seq.
				(Farming & Ranching Act).
Amended at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-20 - Holdover tenants

Current through Vol. 41, No. 20, July 1, 2024
Holdover tenants shall be billed at a rate and terms of the
				expired lease contract. Legal proceedings will be brought to remove the
				holdover tenant from the premises and for payment of accrued rental, interest
				and costs for the holdover period.
Amended at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-21 - Appraisals of surface leases

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form and method.
Prior to any property being offered for surface
			 lease, an appraisal for rental purposes on form provided by Commissioners of
			 the Land Office shall be made by appraisers of the Land Office. Appraisals will
			 be made in accordance with Uniform Standard of Professional Appraisal
			 Practices.
(b)
Fair market
			 value.
The appraisers shall determine the "fair market value" of the
			 property, which term is defined to mean the price in terms of money which a
			 property will bring in a competitive and open market under all conditions
			 requisite to a fair sale, the buyer and seller, each acting prudently,
			 knowledgeably and assuming the price is not affected by undue
			 stimulus.
(c)
Fair market
			 rental value.
The appraisers as a part of their appraisal shall
			 determine the "fair market rental value" of the land. For purposes of this
			 section, fair market rental value is the annual price in cash a willing but not
			 obligated tenant would pay, and a willing but not obligated landlord would
			 charge for the same or similar lands for the highest and best legal use of the
			 property, agricultural or commercial.
(1) In
			 determining fair market rental value, the appraisers shall consider the
			 following:
(A) Present land use;
(B) Acres of land in cultivation, pasture,
			 timber and nonproductive;
(C) Soil
			 types and productivity;
(D)
			 Availability of water;
(E) Climatic
			 conditions prevailing in the area for the last ten to twenty years;
(F) Cash rental price of comparable
			 agricultural land; and
(G)
			 Effective cash return on landlord's share of crop rent from comparable
			 agricultural land for the five year period preceding the appraisal.
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-22 - Awarding of leases

Current through Vol. 41, No. 20, July 1, 2024
The awarding of all surface leases will be in compliance with
				64 O.S. §§
								1023
				and
				1056
				et seq; and the mandates of
O.E.A. v. Nigh
, 642 P.2d 230
				(1982), and where applicable, at the sole discretion of the Commissioners. The
				Notice of Invitation to Bid shall be incorporated by reference into the lease
				contract and be made part of it.
Amended at 15 Ok Reg 1754,
				eff 5-12-98; Amended at 16 Ok Reg 1451, eff 5-27-99; Amended at 29 Ok Reg 1306,
				eff 6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-23 - Procedure for public bidding

Current through Vol. 41, No. 20, July 1, 2024
The public bid process for school land surface leases shall be
				as follows:
(1)
Notice.
The method for advertising the leases for public bid shall be at the sole
			 discretion of the Commissioners, or their designee, and to provide the best
			 method to provide the information to prospective lessees. The notice shall
			 contain the following information:
(A) Lease
			 number;
(B) Legal
			 description;
(C) General directions
			 to location of property;
(D)
			 Minimum annual bid;
(E) Minimum
			 cash deposit needed to perfect the high bidder's lease rights, method and
			 manner of acceptable payment;
(F)
			 Term of the lease;
(G) Such other
			 information as the CLO deems necessary to adequately inform prospective bidders
			 of terms and conditions of auction.
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-24 - Execution of lease

Current through Vol. 41, No. 20, July 1, 2024
Upon approval and acceptance by the Secretary to the
				Commissioners and receipt of the balance of the first year's rent, the
				lessee(s)' copy of the lease contract will be mailed to the successful bidder
				and Lessor's copy retained by the Land Office. Failure to execute and return
				copies of the lease contract shall operate to cancel award and deposit will be
				forfeited as liquidated damages at the option of the
				Commissioners.
Amended at 16 Ok Reg 1451,
				eff 5-27-99; Amended at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-25 - Right to harvest

Current through Vol. 41, No. 20, July 1, 2024
At the termination of a lease, the lessee may remove
				any or all improvements made by the lessee and shall have the right to harvest
				or remove any growing crop on the land. If the lessee is in default of any
				terms of the lease, the lessee shall not be allowed to remove the improvement
				or make entry to secure crops until all arrearage, including but not limited to
				interest, costs and attorney fees are fully satisfied. All improvements, that
				are movable, shall then be moved before expiration of the lease
. (64
				O.S. §
								1059
				)
Amended at 29 Ok Reg 1306,
				eff 6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-28 - Assignment of lease as security [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-29 - Foreclosure on lease used as security on unpaid loan [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-30 - Assignment of lease

Current through Vol. 41, No. 20, July 1, 2024
Upon approval of the Commissioners of the Land Office and
				payment of all amounts due on lease, lessee may assign the lease by completing
				forms provided by the CLO.
Amended at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-31 - Subleasing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Prohibition of sublease of an agricultural lease.
Subleasing of an
			 agricultural lease is prohibited.
(b)
Commercial leases.
Commercial leases may be subleased as provided in the commercial lease
			 contract.
(c)
Sublease
			 without permission cause for cancellation.
Should lessee sub-lease
			 premises without written permission of the CLO, the lease shall be subject to
			 cancellation and forfeiture at the option of the CLO as provided by law and
			 these rules and regulations.
Amended at 29 Ok Reg 1306,
				eff 6-25-12; Amended at 16 Ok Reg 1451, eff 5-27-99; Amended at 29 Ok Reg 1306,
				eff 6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-32 - Term of commercial leases

Current through Vol. 41, No. 20, July 1, 2024
All commercial leases shall be for a term not to exceed
				fifty-five (55) years, the exact term to be at the sole discretion of the
				Commissioners.
Added at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-33 - Procedure for appraisal of commercial leases

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon categorization of trust land as
			 commercial and prior to its being offered for lease, an appraisal for fair
			 market value shall be made by appraisers designated by the Land Office on a
			 form acceptable to the Commissioners of the Land Office. Appraisals will be
			 made in accordance with the Uniform Standards of Professional Appraisal
			 Practice.
(b) All leases shall
			 maintain fair market rental value throughout the term of the lease using
			 methods such as escalators, percentage of gross income or reappraisal
			 clauses.
Added at 16 Ok Reg 1451,
				eff 5-27-99; Amended at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-34 - Procedure for bidding for commercial leases

Current through Vol. 41, No. 20, July 1, 2024
(a)
Short term commercial
			 leases.
Commercial leases with a term of three (3) years or less must be
			 for annual rent of not less than fair market rental value, but no public
			 bidding is required.
(b)
Long
			 term commercial leases.
Commercial leases with a term of over three
			 years shall be at public bidding for annual rent of not less than fair market
			 rental value. The following procedures will be followed:
(1)
Advertisement.
The method
			 for advertising the leases for public bid shall be at the sole discretion of
			 the CLO in such manner as to best provide the information to prospective
			 lessees.
(2)
Minimum
			 bid.
No bid shall be accepted which is below the minimum fair market
			 value.
(3)
Right to
			 refuse.
The CLO reserves the right to refuse any and all bids.
(4)
Minimum cash deposit.
Successful high bidder at auction shall pay the first year's annual rent at the
			 time of the auction.
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-35 - Taxes

Current through Vol. 41, No. 20, July 1, 2024
Unless lessee is otherwise exempt by Constitution or statute,
				ad valorem property taxes shall be paid on any improvements and structures
				which would be subject to ad valorem property taxes if constructed on privately
				owned land.
Added at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-36 - Improvements

Current through Vol. 41, No. 20, July 1, 2024
Any permanent improvement made on commercial trust property
				after July 1, 1989, shall revert to the Trust at the expiration or termination
				of the lease unless the Commissioners and the lessee agrees to allow removal of
				improvements prior to the expiration or termination of the
				lease.
Added at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-37 - Development projects for commercial leases

Current through Vol. 41, No. 20, July 1, 2024
At the sole discretion of the Commissioners, funding may be
				provided for development of plans and building infrastructure on commercial
				lands to be developed.
Added at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-38 - Dedication of easements for utilities

Current through Vol. 41, No. 20, July 1, 2024
Commissioners may plat lands for commercial development and
				designate and dedicate to the appropriate governmental entity easements for a
				utility corridor and streets to service the development.
Added at 16 Ok Reg 1451,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-39 - Commercial lease rental [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 1451,
				eff 5-27-99; Revoked at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-40 - Contract violations; default [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 1451,
				eff 5-27-99; Revoked at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-41 - Procedure for Exchanging Land

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authorization.
The Commissioners may authorize exchange of lands
			 held in Trust for other lands held by other entities on an equal value
			 basis.
(b)
Criteria.
It is the intent of the CLO to exchange lands held in Trust that are
			 landlocked, too small in size to be an economic unit, low productivity, or
			 transitional properties.
(c)
Appraisal.
An appraisal for market value of the properties to be
			 exchanged will be completed by three duly authorized appraisers. The CLO will
			 choose an appraiser, the other entity will choose an appraiser and then the two
			 appraisers will select a third appraiser. The appraisers will determine the
			 market value of the respective properties and make a consensus appraisal
			 report.
(d)
Valuation of
			 Improvements of Agricultural Properties.
The intent of the exchange is
			 for the Trust to receive equal value of land in exchange for equal value of
			 land. Since improvements are a depreciating asset and may be removed by the
			 owner of record and the CLO typically does not own improvements, the appraisal
			 should only consider the value of the lands to be exchanged. Improvements such
			 as waterwells, ponds, terraces, etc. are considered a part of the land and will
			 not be considered within the exchange as a separate item.
(e)
Exchanges for Commercial
			 Properties.
If the entity which is exchanging land with the CLO is
			 exchanging commercial properties the improvements will be included as an
			 essential element of the appraisal.
(f)
Title.
The entity which is
			 exchanging land with the CLO shall provide an abstract of title for examination
			 by the CLO or good and sufficient title insurance for the land being offered in
			 the exchange. The CLO shall provide the entity an official certificate of
			 record for the land owned by the CLO but does not warrant title.
(g)
Deeds.
The entity exchanging
			 land with the CLO will provide a warranty deed for its lands and the CLO shall
			 provide a patent to the entity for the CLO lands.
Added at 22 Ok Reg 2094,
				eff 6-25-05; Amended at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-42 - Irrigation permits

Current through Vol. 41, No. 20, July 1, 2024
Irrigation permits may be issued to agricultural lessees for
				the purpose of irrigating CLO Trust Lands. The permit fee shall be determined
				by the market value rental amount for irrigated acres for comparable deeded
				land. The permit shall have a delinquency interest rate of 16%. Term of the
				permit will be for one year.
Added at 22 Ok Reg 2094,
				eff 6-25-05
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-43 - Right of Entry permits; Treasure Trove

Current through Vol. 41, No. 20, July 1, 2024
The Commissioners, or their designee, may authorize issuing
				right of entry permits for the purpose of individuals searching for Treasure
				Trove on CLO Trust lands. The fee and term for the permit shall be determined
				by the appropriate land management personnel but in no case shall be less than
				$500.00. All exploration for Treasure Trove shall be done in a manner to
				protect the potential archaeological finds within the area to be searched.
				Machine excavation shall be limited and only done when appropriate precautions
				have been taken to protect the land and relics from damage.
Added at 22 Ok Reg 2094,
				eff 6-25-05; Amended at 29 Ok Reg 1306, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 25 - Surface Leasing for Agricultural and Commercial Purposes › Section 385:25-1-44 - Real Estate Broker Commissions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Commission.
A real estate
			 broker commission may be paid to a Broker who represents a commercial business
			 that acquires a long-term commercial lease from the CLO. The broker's fee shall
			 only be paid when the commercial business has opened the business for
			 operation.
(b)
Fee.
The brokerage fee shall be no more than 6% of the market value appraisal of the
			 land that is leased. The fee will be paid only on those tracts where CLO has
			 agreed that brokerage fees will be paid.
Added at 22 Ok Reg 2094,
				eff 6-25-05
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted to establish the
				requirements and procedures for the general public to buy School Land. Article
				6, Section 32 of the Oklahoma Constitution mandates that the CLO shall have the
				charge of the sale, rental, disposal and managing of School Lands and other
				public lands of the State. These rules define the method and conditions under
				which the sale of such lands may be accomplished.
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-2 - Determination to offer school land for sale

Current through Vol. 41, No. 20, July 1, 2024
The determination of whether a tract of State school land shall
				be offered for sale is wholly within the province of the Commissioners of the
				Land Office. No person has the right to demand that any tract be sold, but may
				request that a particular tract be sold.
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-3 - Request for sale of school land

Current through Vol. 41, No. 20, July 1, 2024
An individual who wishes to request the sale of a particular
				tract of land is required to make a written offer which the applicant will
				agree to commence the bidding at public auction if the Commissioners elect to
				offer the land for sale. Upon receipt, such request will be presented to the
				Commissioners, and if they determine an appraisal is warranted, an appraisal
				will be made. The applicant will be notified of the appraised value. Associated
				costs of the sale including but not limited to the appraisal, advertising, and
				surveying will be assessed to the successful bidder in addition to purchase
				price.
Amended at 16 Ok Reg 1459,
				eff 5-27-99; Amended at 29 Ok Reg 1310, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-4 - Appraisal

Current through Vol. 41, No. 20, July 1, 2024
School land shall be appraised prior to sale by three duly
				authorized appraisers to establish a fair market value. Land shall not be sold
				for less than the appraised value. Lessee owned improvements will be appraised
				separately. If Lessee is not the purchaser, he will be paid for improvements by
				purchaser at closing.
Amended at 16 Ok Reg 1459,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-6 - Review of appraisal; decision to sell

Current through Vol. 41, No. 20, July 1, 2024
When the Commissioners authorize and direct an appraisal of
				school land for sale purposes and the appraisal is approved, the Commission
				will then determine if they desire to sell this tract of land based on this
				appraisal.
Amended at 16 Ok Reg 1459,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-7 - Associated costs and purchase requirements

Current through Vol. 41, No. 20, July 1, 2024
In addition to the purchase price, the successful bidder for
				school land will be required to pay the associated costs, including but not
				limited to the cost of advertising, surveying and the appraisal. If the land
				being sold is a homesite or joins State land not being sold, the successful
				bidder will be required as a condition of sale to fence off the land purchased
				from the adjoining State land.
Amended at 16 Ok Reg 1459,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-8 - Terms of sale

Current through Vol. 41, No. 20, July 1, 2024
The terms of the sale shall be set out in the Notice of Sale
				and a Patent will be issued when all amounts due are paid in full. The State
				does not warrant title.
Amended at 16 Ok Reg 1459,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-8.1 - Procedure for public bidding; preference right to purchase

Current through Vol. 41, No. 20, July 1, 2024
All lands shall be sold by public bidding.
(1)
Bidding procedure with preference
			 right.
If lands have been designated with a preference right to
			 purchase, lessee holding such lease may meet any given high bid at the time of
			 sale by using the two tier bidding procedure.
(2)
If no initial bid.
Should no
			 bids be received at auction the preference right lessee may exercise his
			 preference right by matching the advertised minimum bid for the
			 property.
(3)
Current lessee
			 requirement to register.
Lessee must be present and register at the
			 auction to exercise the preference right. He may increase his bid instead of
			 matching the bid at any time.
(4)
Two-tier bidding system.
At time of the auction bids shall be
			 taken to ascertain a high bidder from the participants of the auction. The
			 preference right lessee does not participate at this initial stage. The
			 preference right lessee may then match this bid or decline to match the bid.
			 Should he decline to match the bid the high bidder from the initial process of
			 the auction will be declared the successful bidder. Should the lessee exercise
			 his preference right and match the bid, the initial high bidder will be asked
			 if he wishes to increase his bid. If he does, the preference right lessee is
			 given the opportunity to match this bid. If he does, the bidding will continue
			 in this manner until the initial high bidder does not raise or the preference
			 rights lessee refuses to match the raised bid.
Added at 16 Ok Reg 1459,
				eff 5-27-99
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 30 - Sale of School Land › Section 385:30-1-9 - Certificates of purchase; transfer

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certificate of purchase.
If purchaser finances the land purchase
			 through the Commissioners of the Land Office by terms in the Notice of Sale,
			 the state will have a first lien upon the lands sold and the purchaser will be
			 issued a Certificate of Purchase. When all payments are made the Commissioners
			 shall execute to the purchaser a Patent.
(b)
Transfers.
Any purchaser of
			 trust lands may transfer the interest in the real property under a Certificate
			 of Purchase and upon approval of the Commissioners a new Certificate of
			 Purchase will be issued to the transferee.
(c)
Default.
In case of default
			 the Certificate of Purchase will be canceled by the Commissioners.
(d)
Fencing.
Purchaser will be
			 responsible for fencing the tract of land from any adjacent lands administered
			 by the Commissioners of the Land Office and will be responsible for all damages
			 or claims for damages arising out of purchasers failure to install and maintain
			 such fence.
(e)
Taxes.
Trust property purchased under a Certificate of Purchase shall be assessed ad
			 valorem taxes as against other privately owned lands. The Commissioners must
			 have a statement from the county treasurer that all ad valorem taxes are paid
			 before a transfer of Certificate of Purchase can be approved or Patent
			 issued.
(f)
Validity.
A conveyance or assignment of any interest, entire or lesser, in the
			 Certificate, shall have no validity as against the State or Commissioners of
			 the Land Office unless such instrument is duly filed in the permanent records
			 of the Commissioners of the Land Office.
Amended at 16 Ok Reg 1459,
				eff 5-27-99; Amended at 29 Ok Reg 1310, eff
				6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 35 - Loan of Abstracts [Revoked] › Section 385:35-1-3 - Bond or deposit required; length of loan; late fee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 29 Ok Reg 1310,
				eff 6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 35 - Loan of Abstracts [Revoked] › Section 385:35-1-4 - Condition of returned abstracts; refunds and penalties [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 29 Ok Reg 1310,
				eff 6-25-12
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted to establish the
				requirements and procedures for the Guarantee Program for School District
				Bonds. They cover basically matters that are necessary to implement the program
				authorized by House Bill 1577 of the 44th Legislature (1994) and the passage of
				State Question 665 which authorized use of permanent school funds to guarantee
				bonds issued by public school districts.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter, shall
				have the following meaning, unless the context clearly indicates
				otherwise:
"School Bonds"
or
"bonds"
mean bonds
				issued pursuant to the provisions of §
								15-101
				through
				15-109
				of Title 70 of the Oklahoma Statutes.
"Commissioners"
or
"CLO"
means
				Commissioners of the Land Office of the State of Oklahoma.
"Notice"
or
"Notify"
means: (See Rule
				385:40-1-10
				).
"Paying Agent"
means: (See Rule
				385:40-1-11
				).
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-3 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a) The school
			 district shall apply on a form devised by the staff of the CLO and the CLO's
			 review shall include but not be limited to the following.
(1) The name of the school
			 district;
(2) The amount of the
			 bond to be issued;
(3) The maturity
			 schedule, the estimated interest rate and the date of the bonds;
(4) The purpose of the bond issue;
(5) A statement of the district's financial
			 status and stability, including the district's past history and performance of
			 other bond issues;
(6) A
			 certification by the State Department of Education of the school district's
			 good standing and accreditation without probation.
(7) Verification by the school district bond
			 counsel or the Attorney General that the bond issue is within any limitations
			 provided by law. (This verification must be submitted prior to closing of the
			 bond issue).
(8) Certification by
			 the School District Board that the CLO apportionment funds will not be used
			 either directly or indirectly for payment of principal or interest on the
			 bond.
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-4 - Application fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The application
			 shall be accompanied by a processing fee of $500.00 of which $250.00 may be
			 refunded in the event the guarantee is not approved by the Commissioners or the
			 bonds are not sold.
(b) Any
			 application for guarantee of a bond issue in excess of $2,000,000.00 shall be
			 assessed an additional fee of one (1) basis point (1/100 of 1 percent) on the
			 amount over $2,000,000.00 provided that the additional fee shall not exceed
			 $1,000.00.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-5 - Rating

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant
			 school district shall provide all information and documentation to any bond
			 rating agency and potential bond purchaser for establishment of the bond rating
			 of the issue and/or sale of the bond issue.
(b) The CLO may limit approval of the
			 guarantee to those districts which have a rating below the "AAA" category by a
			 recognized municipal bond rating service. When a rating is issued by more than
			 one service, the lower of the two ratings shall be used to determine whether or
			 not the school district is eligible for the guarantee.
(c) Any fee charged by a rating agency in
			 connection with the guarantee of a bond issue by CLO will be paid by the school
			 district.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-6 - Termination of guarantee

Current through Vol. 41, No. 20, July 1, 2024
The Guarantee shall be removed in its entirety when bonds
				guaranteed by this program are defeated by the voters of the district or upon
				disapproval of the Attorney General of the State of Oklahoma.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-7 - Notice of closing

Current through Vol. 41, No. 20, July 1, 2024
Within five (5) days of delivery of bonds to the purchaser, the
				school district must provide notice to the Commissioners of the Land Office
				showing the closing date of the issue and certifying that it has satisfied all
				conditions contained in its authorization to participate in the Guarantee
				Program. The school district must also provide a debt service schedule for the
				issue showing principal maturities, interest rates by maturity and total debt
				service requirements for each payment date. Such notice shall be provided on a
				form prepared for that purpose by the Commissioners of the Land
				Office.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-8 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Reserved at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-9 - Retirement of bonds

Current through Vol. 41, No. 20, July 1, 2024
A school district shall notify the CLO within five (5) days
				after retirement of any bond.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-10 - Notice or notify

Current through Vol. 41, No. 20, July 1, 2024
As used in Title 70 §
								15-207
				and 208 and 210 of the Oklahoma Statutes the notice must be received at the
				office of the CLO and the notice must be in writing and may be delivered by
				mail or by electronic transmission and shall be deemed received when it is
				receipted by an employee of the office to which it is required to be delivered.
				In the case of Title 70 §
								15-207,
				the paying agent of the school district shall notify the CLO and the State Bond
				Advisor as soon as it is known that the payment will not be timely made but in
				any event, shall be received by the CLO and State Bond Advisor not later than 5
				business days before the maturity date.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-11 - Paying agent

Current through Vol. 41, No. 20, July 1, 2024
Paying agent is an independent person or party, not an employee
				of the school district where bond is guaranteed, and is responsible for making
				bond payments on behalf of the school district and is also responsible for
				notifying the CLO in the event the school district will be or is unable to pay
				maturing or matured principal or interest on a guaranteed
				bond.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 40 - Guarantee Program for School District Bonds › Section 385:40-1-12 - Arbitrage

Current through Vol. 41, No. 20, July 1, 2024
(a) In the event of
			 payment from the permanent fund by the CLO on behalf of a school district, the
			 Commissioners will not resort to repayment of the fund by withholding
			 apportionment funds but will promptly seek reimbursement of the amount paid
			 pursuant to the provision of Section
			 365.5
			 of Title 62 of the Oklahoma Statutes.
(b) The school district shall certify that it
			 will take no action that will result in the bonds becoming arbitrage
			 bonds.
Added at 13 Ok Reg 641,
				eff 11-29-95 (emergency); Added at 13 Ok Reg 1373, eff
				5-13-96
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 1 - Agency Authority and Objectives › Section 390:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to the authority vested in the Council by 70 O.S., Section 3311 et seq., 20 O.S., Section 1313.2, and 59 O.S., Section 1750.1 et seq., Section 1451 et seq., 1350.1 et seq., 21 O.S. Section 1289.8 and 1290.1 et seq., the rules of this Title have been promulgated. The purpose of these rules is to set forth the requirements and procedures needed to effectively implement and enforce the provisions of these statutes. These rules supplement existing state and federal laws, and being duly promulgated, shall have the force and effect of law.
Amended at 16 Ok Reg 1187,
						eff 5-27-99
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 1 - Agency Authority and Objectives › Section 390:1-1-2 - Compliance with laws and rules

Current through Vol. 41, No. 20, July 1, 2024
(a)
					Any statute of the United States, or of the State of Oklahoma now existing, or
					duly enacted in the future, shall supersede any conflicting provision of the
					rules of this Title to the extent of such conflict, but shall not affect the
					remaining provisions herein.
(b) All
					persons and organizations affected by the rules of this Title and related laws
					shall be knowledgeable of and conduct pertinent operations in accordance with all
					such rules and laws.
(c) The Council
					on Law Enforcement Education and Training is a state agency and is therefore
					subject to Oklahoma laws regulating the procedures which must be followed by
					state agencies.
Amended at 16 Ok Reg 1187,
						eff 5-27-99