I have reviewed 11 OS 42-101, et seq., and have a quick question to clarify
my understanding of closing and vacating a public way.  May a petitioner
simply file an action in District Court to close and vacate a public way or
does the petitioner also have to appear before the municipality's governing
body to do so?

Thank you in advance for any feedback in this regard.

D. David Haggerty
OBA #21201, CBA #193, SBT #24086687

D. David Haggerty, PLLC
Attorney At Law
121 N. 3rd Ave.
Durant, OK  74701
Office #:  (580) 924-0405
Email:  ddavidhaggertylaw@gmail.com

My understanding is that the process through the city should be filed first. The section 42-111 process is to foreclose the right of the city to reopen the vacated road, thereby making the vacation permanent, and requires that the petition “show the passage of an ordinance closing the public way or easement and ask for the foreclosure of the absolute right to reopen the public way or easement….”

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: D. David Haggerty ddavidhaggertylaw@gmail.com
Sent: Monday, September 26, 2022 2:37 PM
To: oama@lists.imla.org
Subject: [Oama] Closing and Vacating a Public Way

I have reviewed 11 OS 42-101, et seq., and have a quick question to clarify my understanding of closing and vacating a public way.  May a petitioner simply file an action in District Court to close and vacate a public way or does the petitioner also have to appear before the municipality's governing body to do so?

Thank you in advance for any feedback in this regard.

D. David Haggerty
OBA #21201, CBA #193, SBT #24086687

D. David Haggerty, PLLC
Attorney At Law
121 N. 3rd Ave.
Durant, OK  74701
Office #:  (580) 924-0405
Email:  ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com

I agree with Jonathan concerning streets that actually exist on the ground and have been or are being used by the public.  I have vacated platted streets and allies that have never been opened to the public, they usually exist only on the plat, without going through the municipality to close same first.  I would cite the specific statute, however, I am in the airport in Syracuse, N.Y. and my memory is not good enough to remember  the specific section.

Joseph P. Weaver
Attorney At Law
BASS LAW
P.O. Box 157
El Reno, OK  73036
405.262.4040
405.262-4058 fax
joe@basslaw.net

On Sep 26, 2022, at 3:54 PM, Jon Miller JMiller@cityofmustang.org wrote:


My understanding is that the process through the city should be filed first. The section 42-111 process is to foreclose the right of the city to reopen the vacated road, thereby making the vacation permanent, and requires that the petition “show the passage of an ordinance closing the public way or easement and ask for the foreclosure of the absolute right to reopen the public way or easement….”

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: D. David Haggerty ddavidhaggertylaw@gmail.com
Sent: Monday, September 26, 2022 2:37 PM
To: oama@lists.imla.org
Subject: [Oama] Closing and Vacating a Public Way

I have reviewed 11 OS 42-101, et seq., and have a quick question to clarify my understanding of closing and vacating a public way.  May a petitioner simply file an action in District Court to close and vacate a public way or does the petitioner also have to appear before the municipality's governing body to do so?

Thank you in advance for any feedback in this regard.

D. David Haggerty
OBA #21201, CBA #193, SBT #24086687

D. David Haggerty, PLLC
Attorney At Law
121 N. 3rd Ave.
Durant, OK  74701
Office #:  (580) 924-0405
Email:  ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com

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I have also allowed the vacation if it “has never been used by the public” without closing by ordinance first. 11 O.S. Sec. 42-104C2

From: Joe Weaver jweaver@basslaw.net
Sent: Monday, September 26, 2022 3:48 PM
To: Jon Miller JMiller@cityofmustang.org
Cc: D. David Haggerty ddavidhaggertylaw@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: Closing and Vacating a Public Way

I agree with Jonathan concerning streets that actually exist on the ground and have been or are being used by the public.  I have vacated platted streets and allies that have never been opened to the public, they usually exist only on the plat, without going through the municipality to close same first.  I would cite the specific statute, however, I am in the airport in Syracuse, N.Y. and my memory is not good enough to remember  the specific section.

Joseph P. Weaver
Attorney At Law
BASS LAW
P.O. Box 157
El Reno, OK  73036
405.262.4040
405.262-4058 fax
joe@basslaw.netmailto:joe@basslaw.net

On Sep 26, 2022, at 3:54 PM, Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org> wrote:

My understanding is that the process through the city should be filed first. The section 42-111 process is to foreclose the right of the city to reopen the vacated road, thereby making the vacation permanent, and requires that the petition “show the passage of an ordinance closing the public way or easement and ask for the foreclosure of the absolute right to reopen the public way or easement….”

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: D. David Haggerty <ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com>
Sent: Monday, September 26, 2022 2:37 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Closing and Vacating a Public Way

I have reviewed 11 OS 42-101, et seq., and have a quick question to clarify my understanding of closing and vacating a public way.  May a petitioner simply file an action in District Court to close and vacate a public way or does the petitioner also have to appear before the municipality's governing body to do so?

Thank you in advance for any feedback in this regard.

D. David Haggerty
OBA #21201, CBA #193, SBT #24086687

D. David Haggerty, PLLC
Attorney At Law
121 N. 3rd Ave.
Durant, OK  74701
Office #:  (580) 924-0405
Email:  ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com

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CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

I will clarify my prior response.  I read the question as asking about the procedure to close and vacate a public way, not to vacate a portion of a plat.  Most often in our city, when someone wants to vacate an easement or street they do so my requesting an ordinance.  They then can file the court action under 11 O.S. 42-111 to make the closure permanent.  If the applicant seeks to vacate all or some part of the plat, I agree that a district court action may be sought without seeking an ordinance from the city.  Indeed, under our ordinance the city council can only vacate all or parts of a plat in very limited circumstances (i.e., either no lots have been sold or all owners agree), so a court proceeding may be required to vacate the plat.

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: Randall, Susan D susan.randall@okc.gov
Sent: Monday, September 26, 2022 3:57 PM
To: Joe Weaver jweaver@basslaw.net; Jon Miller JMiller@cityofmustang.org
Cc: D. David Haggerty ddavidhaggertylaw@gmail.com; oama@lists.imla.org
Subject: RE: [Oama] Re: Closing and Vacating a Public Way

I have also allowed the vacation if it “has never been used by the public” without closing by ordinance first. 11 O.S. Sec. 42-104C2

From: Joe Weaver <jweaver@basslaw.netmailto:jweaver@basslaw.net>
Sent: Monday, September 26, 2022 3:48 PM
To: Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org>
Cc: D. David Haggerty <ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Closing and Vacating a Public Way

I agree with Jonathan concerning streets that actually exist on the ground and have been or are being used by the public.  I have vacated platted streets and allies that have never been opened to the public, they usually exist only on the plat, without going through the municipality to close same first.  I would cite the specific statute, however, I am in the airport in Syracuse, N.Y. and my memory is not good enough to remember  the specific section.

Joseph P. Weaver
Attorney At Law
BASS LAW
P.O. Box 157
El Reno, OK  73036
405.262.4040
405.262-4058 fax
joe@basslaw.netmailto:joe@basslaw.net

On Sep 26, 2022, at 3:54 PM, Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org> wrote:

My understanding is that the process through the city should be filed first. The section 42-111 process is to foreclose the right of the city to reopen the vacated road, thereby making the vacation permanent, and requires that the petition “show the passage of an ordinance closing the public way or easement and ask for the foreclosure of the absolute right to reopen the public way or easement….”

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: D. David Haggerty <ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com>
Sent: Monday, September 26, 2022 2:37 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Closing and Vacating a Public Way

I have reviewed 11 OS 42-101, et seq., and have a quick question to clarify my understanding of closing and vacating a public way.  May a petitioner simply file an action in District Court to close and vacate a public way or does the petitioner also have to appear before the municipality's governing body to do so?

Thank you in advance for any feedback in this regard.

D. David Haggerty
OBA #21201, CBA #193, SBT #24086687

D. David Haggerty, PLLC
Attorney At Law
121 N. 3rd Ave.
Durant, OK  74701
Office #:  (580) 924-0405
Email:  ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com

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To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.