Oklahoma § 69-1201 - Open section lines as public highways - Reserved section

§ 69-1201. Open section lines as public highways - Reserved section

lines - Prohibition.

A. All section lines in the state which are opened and

maintained by the board of county commissioners or the Department of

Transportation for public use are hereby declared public highways.

All section lines that are not so opened and maintained for public

use may, by resolution of board, on the petition of the owner or all

the owners of the abutting land, after public notice and at the

expense of petitioner, be designated "reserved section lines" and

are in the full and complete control of the owner or owners of the

abutting land until such time as the board of county commissioners,

by resolution, stating imminent intended use for public highway

purposes, and by ninety-day written notice to the owner or owners of

the abutting land, revoke said "reserved section lines" status.

Provided, however, that no section line may be placed in reserve

status unless the full width of such section line is so treated and

no fee owner shall be denied the right of ingress and egress to his

land by virtue of this act. Whenever a section line is a boundary

line between two counties, action by boards of county commissioners

of both counties will be necessary to place a section line in

"reserve status."

B. Neither a board of county commissioners nor the Department

of Transportation shall open a public highway, take any action to

open a public highway, or incur any of the costs necessary to open,

construct or maintain a public highway pursuant to subsection A of

this section or pursuant to Section 601 et seq. of this title, upon

a segment of section line located within a county which is not then

already open and in use as a public highway or which is not then in

reserve status as provided for in subsection A of this section, and

where all of the following three circumstances exist, the

Legislature hereby finding that through access by the public would

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

not be possible on the segment of section line even if a public

highway were constructed thereon:

1.

a.

the land crossed by the segment of section line is

located within the original boundaries of a facility

previously owned and operated by the United States of

America or a department or agency thereof which was

subsequently conveyed by the United States of America

or said department or agency thereof to a public trust

having the State of Oklahoma or one or more units of

county or city government as its beneficiary, or

b.

the land crossed by the segment of section line is

located within the boundaries of property proposed for

construction of a new or expanded business facility.

The business shall make a minimum capital investment

of Ten Million Dollars ($10,000,000.00) in the stated

facility and hire twenty-five new employees whose

salaries meet or exceed the average county wage where

the project is located;

2. Any one or more of the owners of any portion of the land on

both sides of the entire section line has failed to request or

consent to the opening of a public highway on said segment of

section line or any portion thereof; and

3. The segment of section line is blocked at one or both ends

thereof by an impassable barrier, such as a river, one or more

operating airport runways or taxiways, or security fencing, gates or

barricades erected in connection therewith, or by an operating rail

line which does not have a section line highway crossing.

C. Nothing in this section shall deny a fee owner their right

of ingress or egress to their land.

Added by Laws 1968, c. 415, § 1201, operative July 1, 1968. Amended

by Laws 1975, c. 80, § 1, emerg. eff. April 24, 1975; Laws 2008, c.

73, § 1, emerg. eff. April 22, 2008; Laws 2011, c. 125, § 1.