Oklahoma § 69-1276 - Agreements with Secretary of Transportation

§ 69-1276. Agreements with Secretary of Transportation

The Department on behalf of the state shall seek agreement to

the provisions of Sections 4 and 5 of this act by the Secretary of

Transportation on the basis of their being consistent with federal

laws and customary usages and zoning principles and standards which

hold and govern in this state. In the event such an agreement

cannot be achieved, this legislation shall be returned to the

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

legislative bodies of the State of Oklahoma for remedial action and

resubmission to the Secretary. In the event such a new agreement

cannot be achieved, the Department shall promptly institute

proceedings of the kind provided for in Title 23 U.S.C.A. 131 (1) in

order to obtain a judicial determination as to whether this chapter

and the regulations promulgated thereunder provide effective control

of outdoor advertising as set forth therein. In such action the

Department shall request that the court declared rights, status and

other legal relations and declare whether the standards, criteria

and definitions contained in the agreement proposed by the

Department are consistent with customary use. If such agreement is

held by the court in a final judgment to be invalid in whole or in

part as inconsistent with customary use or is otherwise in conflict

with Title 23 U.S.C.A. 131, the Department shall promptly negotiate

with the Secretary of Transportation, or his successor, a new

agreement or agreements which shall conform to said statute as

interpreted by the court in such action.

Laws 1968, c. 191, § 6, emerg. eff. April 15, 1968.