Oklahoma § 69-1205 - Acquisition policy

§ 69-1205. Acquisition policy

The policy which the Commission shall follow in the acquisition

of all rights-of-way shall be as follows:

(a) For construction on the Interstate Highway System within

the limits of municipalities having a population of five thousand

(5,000) or more, federal aid funds, if available, may be used for

the acquisition of rights-of-way, and shall, if available, be used

to pay the cost of the removing or relocating of utility facilities

located in either privately owned or public rights-of-way. In such

event the municipality in which such construction is to be performed

shall furnish funds to the state necessary to match the federal

funds, unless the utility requiring relocation is owned by another

municipality having a population of five thousand (5,000) or more,

in which case the municipal utility owner shall furnish the funds.

(b) For construction on the Interstate Highway System in all

locations other than within the limits of municipalities having a

population of five thousand (5,000) or over, and where control of

access is required, the state shall furnish all rights-of-way and

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

may use federal aid funds, if available, for such purpose, and when

federal aid funds are available for such purpose, shall pay the cost

of removing or relocating utility facilities located on either

privately owned or public rights-of-way.

(c) For all construction projects within the limits of

municipalities, other than projects on the Interstate Highway

System, as described in the Federal Aid Highway Act of 1956, the

municipality or county involved and the Department shall equally

share the cost of all necessary rights-of-way, clear of all

obstructions, including structures of any kind or nature and utility

lines, poles, pipelines or other facilities above or below the

surface of the ground. If federal aid funds are available for the

project, the municipality or county and the Department shall equally

share the local portion of the costs for acquiring and clearing the

right-of-way, including the cost of removing and relocating utility

facilities located on privately owned rights-of-way.

(d) In any municipality where the Commission has determined it

to be necessary to construct a highway through or within the

corporate limits, and further determines that the construction will

not benefit the municipality involved, or that the construction will

benefit state-owned property or institutions, the Commission may, in

its discretion, pay for or participate in the cost of rights-of-way

for such project.

(e) For all reconstruction or widening projects on existing

improved roads of permanent-type surface in rural areas, the

Department shall pay fifty percent (50%) of the cost of any

additional rights-of-way required to meet right-of-way standardwidth requirements, and the remaining fifty percent (50%) shall be

furnished or paid for by local units of government; provided,

however, that no right-of-way shall be acquired under the terms of

this article, except by due process of law.

(f) For new construction on unsurfaced roads where the

construction follows a section line or an existing unimproved road,

all rights-of-way shall be furnished by local units of government

free of cost to the Department; provided, should the new or

additional rights-of-way, either contiguous or adjacent to the

section line or existing unimproved road, be acquired only on one

side of the section line or road, then one-half of the cost shall be

borne by the state.

(g) For all new construction diagonally across country or not

following on a section line road or other existing unimproved road,

the rights-of-way shall be paid for by the Department.

(h) In securing the necessary rights-of-way in rural areas, the

state shall pay for all damages to buildings, improvements, fences

and all other appurtenances thereto, or their moving and relocating.

(i) In any county where a proposed alignment for a highway

project on the primary system shall not come within one-half (1/2)

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

mile of the limits of any municipality within the county, or

contribute to the highway transportation system or to the economy of

the county, the Commission may in its discretion increase the amount

of the state's participation in the cost of rights-of-way for such

projects.

(j) The term "utility facility" as used herein means any

publicly, privately, municipally or cooperatively owned facility or

system which is used to provide water, power, light, gas, sewer,

telegraph, telephone and communications, or like utility service, to

the public in the State of Oklahoma, or some portion thereof.

Added by Laws 1968, c. 415, § 1205, operative July 1, 1968. Amended

by Laws 1970, c. 308, § 1, eff. July 1, 1970; Laws 1971, c. 355, §

8, eff. July 1, 1972; Laws 2017, c. 319, § 1, eff. July 1, 2017.

NOTE: Laws 1971, c. 355, § 8 reads: "Subparagraph (f) of Section

1205, Chapter 415, O.S.L. 1968, as amended by Section 1, Chapter

308, O.S.L. 1970 (69 O.S. Supp. 1970, § 1205(f)) and all other laws

or parts of laws in conflict herewith are hereby repealed." The

repealed "subparagraph" reads as follows:

"(f) On all projects wherein Federal aid funds may be used

for right-of-way or construction, the Department may pay moving

costs, dislocation allowances or relocation expenses and

replacement housing expenses incidental to the transfer of

property, as is provided by the Federal Highway Act of 1968."