Req. No. 9401 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4109 By: Grego
AS INTRODUCED
An Act relating to transportation; amending 69 O.S.
2021, Section 646, which relates to condemn ation
procedure; allowing civil actions for certain
violations; setting penalties; and p roviding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 646, is
amended to read as follows:
Section 646. A. The board of county commissioners may open,
establish, reserve or condemn roads on section lines and may vacate,
alter, widen, change or lay out other new roads according to the
following procedure:
1. A proposal for action to vacate, alter, widen, change or
locate a road shall be upon a petition to the board of county
commissioners signed by at least twelve freeholders residing in the
vicinity of the road affected or by resolution of the boa rd of
county commissioners;
Req. No. 9401 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The petition shall state t he proposed action and clearly
show on a map of the area the loca tion and terminals of the road.
If the petition is in proper form, the board of county commissioners
shall promptly investigate the proposal to determine if the petition
has merit;
3. The board of county commissioners may conclude, upon
investigation, that action concerning the road is unnecessary and
impractical and deny the petition. Should the board determine that
the petition has merit, the board shall set the date of the hearing
and provide notice as prescribed by this section;
4. At such time it i s determined that the petition has merit,
the board of county commissioners shall set a hearing date. The
county clerk shall then no tify those landowners whose property is
immediately affected by the road, in such a way that the road may
cross their property, abut to their property, or in some manner
provide ingress or egress to their property. The notice shall be
given by regular mai l at least twenty-one days (21) prior to the
hearing date;
5. Legal notice to the public shall be given by advertisement
in a newspaper of general circulation in the county setting forth
the facts and the date when the hearing will be held and the
petition acted upon. The notice shall be published once per week
for three (3) consecutive weeks at least twenty -one (21) days prior
Req. No. 9401 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to the hearing date. A record of all such proceedings shall be made
by the county clerk;
B. In a petition proposing that a road be altered, widened,
changed or located where the owners of the land to be taken agree in
writing to the proposed location or changes by providing an easement
to the county for such purpose, or donate the land required, the
board of county commissioners s hall then cause to be prepared a cost
estimate for the pro posed project. The cost estimate shall include
the cost to survey the road or the proposed changes. If the
estimated cost is reasonable and the road or the proposed changes
serve the general publi c by providing a better route or by
eliminating a hazard m aking the route safer, the board of county
commissioners may orde r and establish the road as a county highway,
or order the proposed changes to be made and make the appropriate
record thereof. Howe ver, no work shall be performed until a survey
is completed and easements secured. If the board determines that
the expense cannot be justified in whole or in part, the board may
order that the petitioners must bear the responsibility to
adequately fund the proposed action in whole or in part. If
easements are not granted freely, the easements shall be obtained in
the manner provided by law and shall be considered in the cost
estimate of the proposed action.
C. In a petition proposing that a road be vaca ted, the board of
county commissioners shall, upon receivi ng the petition, attest that
Req. No. 9401 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
according to their records the road in question is within their
jurisdiction and is considered to be open for use by the general
public, through grant or ownership, by e asement or dedication, by
adverse possession, or by open a nd notorious use, regardless of the
frequency of maintenance or l ack thereof. In considering the
proposal to vacate the road, the board shall hear testimony provided
by the petitioners and others w ho may testify at the hearing as to
whether the road shoul d be vacated. Upon a decision by the board to
vacate the road, the board shall issue an order to void any easement
pertaining to the road, if such easement exists, and require that
the road be closed in such a manner as to prevent the use of the
road by the general public. The decision of the board to vacate or
not to vacate the road shall be final. Except as provided in
Section 649 of this title, no road in use by the general public
shall be closed, obstructed or vacated in any manner except as
provided by this section. Every person who shall close, obstruct or
attempt to vacate a road in a manner other than the manner set forth
in this section shall be guilty of a misdemeanor and upon conviction
shall be fined not less than Fifty Dollars ($50.00) nor m ore than
Five Hundred Dollars ($500.00). In addition, such perso n shall be
liable for the cost incurred by the county to remove, repair or
otherwise return the road to open travel by the public. N othing in
this section shall prohibit the temporary closin g of any road by law
enforcement or emergency personnel in the pe rformance of their
Req. No. 9401 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
official duty, public utilities with regard to routine maintenance
and construction, or other such entities as aut horized by the board
of county commissioners.
D. Wherever in those counties the amount of Indian lands or
those exempt from taxation by reason of the operation of any federal
law is thirty percent (30%) or more of the total area of the county,
then the board of county commissioners may, upon its own initiative,
and if the public interests demand it, move to secure roads over,
adjacent to, or for the benefit of all such exempted lands as set
forth in this subsection. The board shall call upon the Director of
the Oklahoma Department of Transportation as a disinter ested party
to undertake and make such surveys, plans and estimat es and obtain
all other essential data and records as are required to make a full
and complete statement and report upon the interest involved, and to
make such recommendations as in the prem ises may seem proper. When
so prepared, the Department of Transp ortation shall then advance the
matter to the Department of the Interior of the United States, or to
any other federal department con cerned, through its proper local
representative, if there be one, with the request that the matter be
considered and dispos ed of as speedily as possible. If the project
be so approved and authorized, then the work may proceed under the
special supervision and direct administration of the Department of
Transportation and subject to such special regulations as the
circumstances seem to require.
Req. No. 9401 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. Any person who alleges that their right to due process has
been denied due to a person or entity's disregard of duty created
under this section may bring a civil action against the person or
entity violating such provisions in the district court of the county
in which the alleged violation occurred . Upon adverse adjudication,
the defendant shall be liable for damages of One Hundred Dollars
($100.00) per day from the time the violation occurred and any other
damages assessed by the court.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9401 JBH 12/18/23