Empathy List Archives

LV

Larry Vickers

Mon, Jun 13, 2022 9:14 PM

Group,

I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street.

I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes?

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com http://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Group, I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street. I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<http://www.lvickerslaw.com/> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

JM

Jon Miller

Mon, Jun 13, 2022 9:21 PM

Larry,

As a street, the property is held in public trust. The city cannot convey the street away.

If the city vacates the street, ownership passes back to the adjacent owners. If the school owns both sides, then the ownership of the street would revert to the school.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Larry Vickers larry@lvickerslaw.com
Sent: Monday, June 13, 2022 4:14 PM
To: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Vacating Public Street

Group,

I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street.

I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes?

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com https://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=6f2c2919c3a94750ad575184bc84d9d2

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Larry, As a street, the property is held in public trust. The city cannot convey the street away. If the city vacates the street, ownership passes back to the adjacent owners. If the school owns both sides, then the ownership of the street would revert to the school. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Larry Vickers <larry@lvickerslaw.com> Sent: Monday, June 13, 2022 4:14 PM To: OAMA luistserv <oama@lists.imla.org> Subject: [Oama] Vacating Public Street Group, I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street. I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<https://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=6f2c2919c3a94750ad575184bc84d9d2> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

RT

Robert Thompson

Mon, Jun 13, 2022 9:34 PM

It can close the street by ordinance and the school can file a case to make the closing permanent, which will have the legal effect of making the school the owner of that portion adjacent to the school’s property

Sent from my iPhone

On Jun 13, 2022, at 4:22 PM, Jon Miller JMiller@cityofmustang.org wrote:

Larry,

As a street, the property is held in public trust. The city cannot convey the street away.

If the city vacates the street, ownership passes back to the adjacent owners. If the school owns both sides, then the ownership of the street would revert to the school.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Larry Vickers larry@lvickerslaw.com
Sent: Monday, June 13, 2022 4:14 PM
To: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Vacating Public Street

Group,

I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street.

I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes?

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com https://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=6f2c2919c3a94750ad575184bc84d9d2

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

--
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It can close the street by ordinance and the school can file a case to make the closing permanent, which will have the legal effect of making the school the owner of that portion adjacent to the school’s property Sent from my iPhone On Jun 13, 2022, at 4:22 PM, Jon Miller <JMiller@cityofmustang.org> wrote: Larry, As a street, the property is held in public trust. The city cannot convey the street away. If the city vacates the street, ownership passes back to the adjacent owners. If the school owns both sides, then the ownership of the street would revert to the school. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Larry Vickers <larry@lvickerslaw.com> Sent: Monday, June 13, 2022 4:14 PM To: OAMA luistserv <oama@lists.imla.org> Subject: [Oama] Vacating Public Street Group, I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street. I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<https://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=6f2c2919c3a94750ad575184bc84d9d2> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org

MS

Mike Segler

Mon, Jun 13, 2022 10:38 PM

Technically city closes street by ordinance then property owners file an action in district court foreclosing the city’s right to reopen. Those entities having easements must be named defendants.

Get Outlook for iOShttps://aka.ms/o0ukef

From: Robert Thompson rthompson@cheekfalcone.com
Sent: Monday, June 13, 2022 4:34:26 PM
To: Jon Miller JMiller@cityofmustang.org
Cc: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Re: Vacating Public Street

It can close the street by ordinance and the school can file a case to make the closing permanent, which will have the legal effect of making the school the owner of that portion adjacent to the school’s property

Sent from my iPhone

On Jun 13, 2022, at 4:22 PM, Jon Miller JMiller@cityofmustang.org wrote:

Larry,

As a street, the property is held in public trust. The city cannot convey the street away.

If the city vacates the street, ownership passes back to the adjacent owners. If the school owns both sides, then the ownership of the street would revert to the school.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Larry Vickers larry@lvickerslaw.com
Sent: Monday, June 13, 2022 4:14 PM
To: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Vacating Public Street

Group,

I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street.

I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes?

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com https://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=6f2c2919c3a94750ad575184bc84d9d2

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

--
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To unsubscribe send an email to oama-leave@lists.imla.org

Technically city closes street by ordinance then property owners file an action in district court foreclosing the city’s right to reopen. Those entities having easements must be named defendants. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: Robert Thompson <rthompson@cheekfalcone.com> Sent: Monday, June 13, 2022 4:34:26 PM To: Jon Miller <JMiller@cityofmustang.org> Cc: OAMA luistserv <oama@lists.imla.org> Subject: [Oama] Re: Vacating Public Street It can close the street by ordinance and the school can file a case to make the closing permanent, which will have the legal effect of making the school the owner of that portion adjacent to the school’s property Sent from my iPhone On Jun 13, 2022, at 4:22 PM, Jon Miller <JMiller@cityofmustang.org> wrote: Larry, As a street, the property is held in public trust. The city cannot convey the street away. If the city vacates the street, ownership passes back to the adjacent owners. If the school owns both sides, then the ownership of the street would revert to the school. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Larry Vickers <larry@lvickerslaw.com> Sent: Monday, June 13, 2022 4:14 PM To: OAMA luistserv <oama@lists.imla.org> Subject: [Oama] Vacating Public Street Group, I understand that Title 11 Section 42-10 discusses the ability of a municipality to close a street. I have a situation wherein the local high school wants to build a new facility on land it has on both sides of a street. Can the municipality "give" the school that street for those purposes? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<https://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=6f2c2919c3a94750ad575184bc84d9d2> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org