Oklahoma § 74-2281 - Duties and powers of Commission

§ 74-2281. Duties and powers of Commission

A. The Commission shall be vested with the responsibility and

authority to:

1. Plan, purchase, develop, construct, maintain, operate and

protect the state trails system and shall prescribe the uses and

limits of each designated trail; and

2. Acquire, by lease, deed or contract, rights-of-way or

easements of trails across private, municipal, county, state or

federal lands. In selecting the rights-of-way, every effort will be

made to minimize any adverse effects on the adjacent landowner or

user and his operations. Acquisition shall be, whenever possible,

in the form of an easement obtained by gift, exchange or purchase

with donated funds. In cases where these attempts fail, the

Commission may authorize the expenditure of state trail funds for

acquisition in fee. Any agreement for acquisition of rights in land

shall be for terms of not less than twenty-five (25) years whenever

possible.

B. The Commission may abandon any portion or all of a trail or

easement acquired for trail purposes; or it may transfer any trail

or easement to a local government having jurisdiction over the area

in which the trail or easement is located, provided that such local

government agrees to maintain and operate the trail.

C. The Commission shall notify the owner of the land, through

which any trail or easement passes, prior to entering into any

agreement with local government for the operation of a trail and

shall secure the consent of the landowner prior to the transfer of

any trail or easement to a local government.

D. The Commission shall review all formal declarations of

railroad rights-of-way abandonment for possible inclusion into the

state trails system.

E. Within the boundaries of a right-of-way, the Commission may

acquire, on behalf of the state, lands in fee title, any interest in

lands in the form of scenic or other easements or any interest in

lands under cooperative or other agreement. Acquisition of land or

of any interest in land may be by gift, purchase or exchange.

Acquisition may be through the use of funds obtained by donation,

federal grants, legislative appropriation or otherwise. In

acquiring real property or any interest therein, the power of

eminent domain shall not be used.

F. 1. The Commission shall encourage the provision of bicycle

routes within the rights-of-way of federal aid system highways and

on or along county and city roadways. These bicycle routes shall be

composed of three types of pathways: bicycle trails, bicycle lanes

Oklahoma Statutes - Title 74. State Government

and bicycle routes. Bicycle trails shall be distinct pathways which

separate bicycles from motorized vehicular traffic by means of an

open space or barrier. Bicycle lanes shall use designated portions

of existing roadways and will be clearly marked and separated from

automobile lanes. Bicycle routes shall be existing, low-volume

roads and will be designated by clearly marked signs.

2. Prior to the designation and construction of the bicycle

pathway system, the Commission shall authorize the development of a

bicycle master plan. The plan shall be comprised of a set of

clearly defined goals, a statement of current and projected demands,

a proposed layout of routes, construction specifications, cost

projections and the scheduling of implementation. The plan shall

likewise devote serious consideration to those design criteria which

will help to ensure the safety of bicyclist, pedestrian and motorist

alike.

3. Funds received for this pathway program shall be expended in

amounts deemed reasonable and necessary by the Commission for the

establishment of the bicycle pathway system.

Added by Laws 2005, c. 363, § 82, eff. Nov. 1, 2005.