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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 980 By: Murdock
AS INTRODUCED
An Act relating to planning and zoning; requ iring
certain easements to be approved by certain governing
bodies; clarifying terms of when certain easements
are approved and disapproved; requiring additional
approval of boards of county commissioners under
certain circumstances; defining reasons for
disapproval; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 863.3A of Title 19, unless there
is created a duplication in numbering, reads as follows:
In order to minimize conflicts with land -use planning, each
conservation easement shall be app roved by the appropriate governing
body. Such approving body shall first refer the proposed
acquisition to and receive comments from the local planning
commission with jurisdiction over such property, which shall , within
sixty (60) days of the referral , provide such comments regarding the
conformity of the proposed acquisition to comprehensive planning for
the area. If such comments are not received within sixty days, the
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proposed acquisition shall be deemed approved by the local planning
commission. If the property is located partially or entirely within
the boundaries or zoning jurisdiction of a municipality or county,
approval of the governing body of such municipality or county shall
be required. If such property is located entirely outside the
boundaries and zoning jurisdiction o f any municipality or county,
approval of the board of county commissioners shall be required.
Approval of a proposed acquisition may be de nied upon a finding by
the appropriate governing body that the acquisition is not in the
public interest when the easement is inconsistent wi th:
1. A comprehensive plan for the area which had been officia lly
adopted and was in force at the time of the con veyance; or
2. Any national, state, regional, or local program furthering
conservation; or
3. Any known proposal by a governmental body for use of the
land.
SECTION 2. It being immediate ly necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take ef fect and
be in full force from and after its passage an d approval.
59-1-1083 KR 1/19/2023 12:03:02 PM