Oklahoma § 19-866.13 - Recording of plats or deeds - Approval

§ 19-866.13. Recording of plats or deeds - Approval

From and after the adoption of a plan for major streets or

highways as a part of the comprehensive plan for the physical

development of the area and the adoption of the rules and

regulations governing subdivision of land no plat or deed or other

instrument of a subdivision of land within the area shall be

accepted for record in the office of the county clerk until it shall

have been approved by such commission as being in accordance with

the officially adopted rules and regulations of the commission and

such approval endorsed in writing on the plat.

Oklahoma Statutes - Title 19. Counties and County Officers

The approval of the commission required by this section or the

refusal to approve shall take place within forty-five (45) days from

and after the submission of the subdivision of land for final

approval; otherwise said subdivision of land shall be deemed to have

been approved and the certificate of said commission as to the date

of the submission of the subdivision of land for approval and as to

the failure to take action thereon within such time shall be

sufficient in lieu of the written endorsement or evidence of

approval herein required. The ground of refusal of any subdivision

of land submitted, including citation to or reference to the rules

or regulations violated by the subdivision of land shall be stated

upon the record of the commission.

Whoever, being the owner or agent of the owner of any land

within the area, transfers or sells or agrees to sell, or negotiates

to sell any land by reference to or exhibition thereof, or by other

use of a plat of a subdivision or a contract for deed or other

instrument before such plat or deed or instrument has been approved

by the commission and filed of record in the office of the county

clerk, or whoever, being the owner or agent of the owner of a parcel

of ground, transfers, or sells or agrees to sell, or negotiates to

sell any tract of land of less than ten (10) acres, except in

counties adjoining a county having a cooperative planning commission

formed under the provisions of 19 O.S. 1961, Section 863.2, in which

case upon order or rule of the city-county cooperative planning

commission a tract of less than two and one-half (2 1/2) acres where

such tract was not shown of record in the office of the county clerk

as separately owned at the effective date of the regulations

hereinafter provided for and not located within a subdivision

approved according to law and filed of record in the office of the

county clerk, or if so located, not comprising at least one entire

lot as recorded, without first obtaining the written approval of the

commission by its endorsement on the instrument of transfer, or

contract of sale or other agreement to transfer, shall be subject to

the penalties by this act provided; and such transaction shall be

unlawful and shall not be recorded by the county clerk; provided

that a tract of land which has not been subdivided, a tract of more

than ten (10) acres, except in counties adjoining a county having a

cooperative planning commission formed under the provisions of 19

O.S. 1961, Section 863.2, in which case upon order or rule of the

city-county cooperative planning commission a tract of more than two

and one-half (2 1/2) acres, may be transferred by the owner thereof

to any person without complying with the provisions of this act and

such transfer shall be duly recorded by the county clerk; and

provided, further, that such person may further transfer such tract

without complying with the provisions of this act, so long as such

transfer involves the whole of such tract and the transfer shall be

recorded by the county clerk, and thereafter any transfer shall be

Oklahoma Statutes - Title 19. Counties and County Officers

subject to existing law. Provided further, all deeds of record as

of January 1, 1963, which convey tracts of land not portions of an

approved or disapproved plat or subdivision, are hereby validated

insofar as the filings of the same are concerned, whether or not

first approved by the commission.

In its consideration of such transfers, referred to as "lotsplits" the commission shall apply the same regulations as are

applied to subdivisions in order to accomplish the purpose of

planning as herein provided. No city board of adjustment or county

board of adjustment or any office representing such boards shall

require that easements be given to the city or county for major

street usages serving approval on a lot-split deed, and approving

such deeds shall not be deemed consideration for the transfer of

easements for road purposes, except in the case of streets platted

and dedicated by the owner in approved subdivision plans.

Added by Laws 1957, p. 132, § 13, emerg. eff. May 31, 1957. Amended

by Laws 1963, c. 212, § 4, emerg. eff. June 11, 1963; Laws 1968, c.

221, § 1, emerg. eff. April 23, 1968.