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SENATE FLOOR VERSION
February 26, 2024
SENATE BILL NO. 1680 By: Green of the Senate
and
Townley of the House
An Act relating to municipal lands; amending 11 O.S.
2021, Section 33-204, which relates to municipal
powers regarding lakes; granting municipalities
certain authority over lakes and land owned by the
municipality; enabling construction of certain
structure; authorizing certain use of la kes or land;
authorizing lease of lakes or land for cer tain
purposes; allowing for contracting with c ertain
entities for certain purpose; clarifying effect of
certain use or lease ; updating statutory language;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 33-204, is
amended to read as follows:
Section 33-204. A. The governing body of any municipality
owning a lake, inside or outside of the corporate limits, or owning
lands, inside or out side of the corporate limits, which adjoin and
abut upon a lake or large body of water capable of being used by a
motor-propelled boat may own, construct, maintain, operate, and
equip a marina, docks, and boathouses, and boats for amusement,
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parks, and recreational purposes. The governing body may also lease
or rent to any person lots or spaces and provide permits for the
construction or use of privately owned marinas, boathouses, or docks
or other recreational purposes on such property for amusement ,
parks, and recreational purposes pursuant to such terms as the
governing body deems proper. Said The governing body may fix and
collect fares, rents, tolls, or other revenues for the use of said
such facilities, lots and spaces, and the issuance of permits. The
right of a municipality to own, construct, maintai n, operate and
equip said docks, boathouses, and boats marinas, and to rent or
lease such facilities, spaces, and lots and the issuance of permits
for the construction or use of such privately owned marinas, docks,
or boathouses for amusement, parks, and recreational purposes is
hereby declared to be a public right and u se. Rent and lease of
such facilities, lots, and spaces shall be at fair m arket value.
Except in cases of rentals and leases authorized herein, said such
right and facilities shall constit ute a public benefit. The
municipal governing body may do all things necessary and proper in
its discretion pursuant to the authority granted to it by the
Constitution and laws of this state to furt her the ability of the
municipality to provide for the amusement, parks, and recreational
services authorized by the provis ions of this section.
B. Lakes and lands which adjoin and abut upon a lake owned or
leased by a municipality or by a public trust of which a
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municipality is a beneficiary, which are dedicat ed for a public
purpose, may also be used or leased, for fair market value, for
amusement, parks, or recreation without abandoning or declaring such
public property as surplus or unsuitable, provided th e governing
body of the municipality determines use of such property for
amusement, parks, or recreation is a compatible contemporaneous use
that is subordinate to the primary public purpose for which the lake
or land was purchased or leased.
C. A municipality or public trust may contract with any person,
entity, or any county, state, or federal agency to manage and
operate lakes and land s which adjoin and abut upon a lake dedicated
for a public purpose or for amusement, parks, or recreation
contemporaneous with a public purpose as described in this section.
D. Lakes or lands which adjoin and abut upon a lake that are
leased or used as provided for in this section shall not be deemed
to have been declared surplus, abandoned, or unsuitable by such
lease or use.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON TOURISM AND WILDLIFE
February 26, 2024 - DO PASS