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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 724 By: Stewart of the Senate
and
Cantrell of the House
[ roads and bridges - right-of-way - effective date ]
AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
entire bill and insert:
"An Act relating to roads and bridges; amending 69
O.S. 2021, Section 1208, which relates to structures
in right-of-way; clarifying county authority to
maintain right-of-way; making exception for companies
engaged in certain activities; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1208, is
amended to read as follows:
Section 1208. (a) The rights-of-way acquired by the De partment
or a county shall be held inviolate for state hig hway and,
departmental, or county purposes, and no physica l or functional
encroachments or uses shall be permitted within such rights-of-way.
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(b) It shall be unlawful for any person to construct, ma intain
or operate any gasoline pu mp, driveway canopy, bui lding, sign,
fence, post, or any thing or structure on or o verhanging any right-
of-way, or upon or overhanging any street occupied by a designated
state or federal highway, or county roads and the construction or
maintaining of any such thing or structure on or overhanging any
federal or state highway or county roads shall constitute a public
nuisance, which may be summar ily abated by the Commission or board
of county commissioners or its officers, agents, servants and
employees in the manner provided in th is article.
(c) This section shall not apply to the lawful use of such
rights-of-way for the erection and operation of facilities of a
public utility, or companies engaged in the activities defined i n
Section 137.1 of Title 52 of th e Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2023."
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Passed the House of Representatives the 27th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 724 By: Stewart of the Senate
and
Cantrell of the House
[ roads and bridges - right-of-way - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 69 O.S. 2021, Section 1208, is
amended to read as follows:
Section 1208. (a) The rights-of-way acquired by the Department
or a county shall be held inviolate for stat e highway and,
departmental, or county purposes, and no physica l or functional
encroachments or uses shall be permitted within such rights-of-way.
(b) It shall be unlawful for any person to construct, maintain
or operate any gasoline pump, driveway canopy, building, sign,
fence, post, or any thing or structure on or o verhanging any right-
of-way, or upon or overhanging any street occupied by a designated
state or federal highway, or county roads and the construction or
maintaining of any such thing or struct ure on or overhanging any
federal or state highway or county roads shall constitute a public
nuisance, which may be summar ily abated by the Commission or board
of county commissioners or its officers, agents, servants and
employees in the manner provided i n this article.
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(c) This section shall not apply to the lawful use of such
rights-of-way for the erection and operation of facilities of a
public utility.
SECTION 4. This act shall become effective November 1, 2023.
Passed the Senate the 20th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives