Oklahoma § 60-813 - Governmental authority holding only easements for use as

§ 60-813. Governmental authority holding only easements for use as

rights-of-way.

In situations in which a governmental authority or agency holds

only an easement for use as a right-of-way over land on which is

constructed a highway, street, road, alley or bridge:

1. The governmental authority or agency shall possess for and

on behalf of the public the right to use such easement for highway,

Oklahoma Statutes - Title 60. Property

street, road, alley or bridge purposes with full, free and

unobstructed passage over such improvement as well as the right to

construct, maintain, repair, alter and remove such improvement,

subject to all other laws pertaining thereto; and

2. In addition thereto, the governmental authority and agency

shall possess for and on behalf of the public the right to make full

use of the airspace over, under or upon said right-of-way, provided

that the residual right, title, interest and estate of the owner or

owners of the fee in and to the land on which said improvement

exists shall not in any way be encumbered, limited or additionally

burdened without just compensation being paid to such owner or

owners and with the determination of such just compensation to be

made in the manner provided by law for additional takings under the

power of eminent domain.

Added by Laws 1973, c. 199, § 13, eff. Oct. 1, 1973.