Oklahoma § 82-573 - Bridges or other structures - Changes - Notice - Damages Appeal

§ 82-573. Bridges or other structures - Changes - Notice - Damages Appeal

Whenever the official plan requires the building, modification,

removal, or rebuilding of any bridge, grade, aqueduct, or other

construction, and a hearing upon the report of the appraisers has

been had and a final order issued by the court for appraisals and

assessments affecting such construction, the owner of said bridge,

grade, aqueduct or other structure shall be bound to make such

changes or adjustments within the time specified in the official

plan, or within the time directed by the court, which time shall be

a reasonable one under all circumstances. In case such changes or

adjustments are not made, the board of directors may make such

adjustments or removals. If the change or improvement of a natural

water course is made necessary by the insufficiency of the bridge or

other structure to permit the water of the stream to pass through it

in time of high water, the work of altering or removing said bridge

or other structure shall be at the expense of the owner. Before the

removal or modification of any works outlined in this section, the

board of directors shall give thirty (30) days' notice to the owner

of such bridge or such construction that the same be adapted to the

plans. In case the owner of any bridge or other structure shall

object to the modification or removal of such bridge or other

structure on the ground that the cost of the modification will be

greater than the benefits resulting from such removal, a hearing

shall be had before the district court having the original case, and

if such contention is sustained, such modification or removal shall

not be required. If said building, modification or removal, or

rebuilding of any bridge, aqueduct or other construction causes

damage to the owner or owners thereof, which damages are required

Oklahoma Statutes - Title 82. Waters and Water Rights

under this act to be paid by the conservancy district, the owner or

owners thereof shall not be required to make any changes or

alterations until the damages have been paid them by the district.

The board of directors of any district organized under this law

shall have full power and authority to improve in alignment,

section, grade or in any other manner any watercourse, and they may

require the removal, widening, lengthening, deepening, raising or

other change of any public or private road bridge, or railroad

bridge, or any aqueduct, or telephone, telegraph, gas, oil, sewer,

water or other pipelines or any other construction over, along,

across, under or through such watercourse. In case such change is

made necessary in any such structure by the failure of such bridge

or other structure to permit the free flow of the water in such

stream in time of flood, then the owner of any such construction

shall make such change, without cost to the district, or without any

claim for damages against the district, except that the district

shall pay the cost of excavating the earth for the enlargement of

any channel where such excavation or filing is required as a part of

plans of the district in making the changes outlined in this

section, but the district shall not be required to make such fill or

excavation unless it would be necessary to the plans of the district

if the bridge or other construction did not exist; provided,

however, that the board of directors shall not exercise any of the

duties mentioned herein, without first publishing a notice in the

county affected, for at least thirty (30) days before the

contemplated action is taken and any interested taxpayer may appeal

from the decision of the board and the district court that had

original jurisdiction of the matter, which appeal shall be lodged by

filing a motion in the court of the appellant and any order of the

said district court may be appealed from to the Supreme Court of the

State of Oklahoma.

Laws 1923-24, c. 139, p. 172, § 21; Laws 1927, c. 70, p. 97, § 10.