Fellow attorneys,
When my City asks the Assessor's office to furnish a 300 foot radius, and list of property owners, from a given legal description, the Assessor furnishes a list and a measurement that is 300 feet from the Center of the furnished tract, and not 300 feet from the outer edges of the tract.  Which is correct?The Assessor says she has always done it that way, for all Towns and Cities within the County.
Thoughts?
Kay Wall

For zoning cases it is 300 feet from exterior boundary of property being rezoned.

klahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXLIII-BuildingsandZoning Article Article XLIII - Buildings and Zoning
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 43-105 - Amendments or Changes of Regulations, Restrictions and Boundaries - Protests
Cite as: O.S. §, __ __

A. Regulations, restrictions and district boundaries of municipalities may be amended, supplemented, changed, modified or repealed. The requirements of Section 11- 43-104https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=76517 of this title on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions or district boundaries.

B. Protests against proposed changes shall be filed at least three (3) days before the date of the public hearings. If protests are filed by:

1. the owners of twenty percent (20%) or more of the area of the lots included in a proposed change, or

2. the owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change; then the proposed change or amendment shall not become effective except by the favorable vote of three-fourths of all the members of the municipal governing body where there are more than seven members in the governing body, and by three-fifths favorable vote where there are seven or less members in the governing body.

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LAW OFFICE OF DAVID A. DAVIS
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From: Oama oama-bounces@lists.imla.org on behalf of Kay Robbins Wall lkrw@sbcglobal.net
Sent: Tuesday, October 6, 2020 2:29 PM
To: Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys oama@lists.imla.org
Subject: [Oama] 300 foot radius measurement

Fellow attorneys,

When my City asks the Assessor's office to furnish a 300 foot radius, and list of property owners, from a given legal description, the Assessor furnishes a list and a measurement that is 300 feet from the Center of the furnished tract, and not 300 feet from the outer edges of the tract.  Which is correct?
The Assessor says she has always done it that way, for all Towns and Cities within the County.

Thoughts?

Kay Wall

This related to the protests to rezoning that may require a super majority to pass.  The statute requires a 300’ radius from the exterior boundary  of the territory included in the proposed change.  11 O.S. §43-105 B.2

B. Protests against proposed changes shall be filed at least three (3) days before the date of the public hearings. If protests are filed by:

1. the owners of twenty percent (20%) or more of the area of the lots included in a proposed change, or

2. the owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change; then the proposed change or amendment shall not become effective except by the favorable vote of three-fourths of all the members of the municipal governing body where there are more than seven members in the governing body, and by three-fifths favorable vote where there are seven or less members in the governing body.
   Hope this helps.
   Jeff Bryant

OMAG’s COVID-19 Info Page: https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
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From: Oama oama-bounces@lists.imla.org On Behalf Of Kay Robbins Wall
Sent: Tuesday, October 6, 2020 2:29 PM
To: Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys oama@lists.imla.org
Subject: [Oama] 300 foot radius measurement

Fellow attorneys,

When my City asks the Assessor's office to furnish a 300 foot radius, and list of property owners, from a given legal description, the Assessor furnishes a list and a measurement that is 300 feet from the Center of the furnished tract, and not 300 feet from the outer edges of the tract.  Which is correct?
The Assessor says she has always done it that way, for all Towns and Cities within the County.

Thoughts?

Kay Wall

Kay,

Our zoning ordinance requires notice of zoning changes, PUDs, etc. to landowners within a certain radius.  There are statutory radius requirements for protests, annexations, etc.  The “point of beginning” may depend upon the wording of the particular statute or ordinance that requires the notice.  What is the proposed action of which you are sending notice?

(Let me know if this doesn’t make sense.)

Tammy Ewing
Assistant City Attorney
City of Broken Arrow
220 S. 1st St.
Broken Arrow, OK  74012
(918)259-8422, Ext. 5423

From: Oama oama-bounces@lists.imla.org On Behalf Of Kay Robbins Wall
Sent: Tuesday, October 6, 2020 2:29 PM
To: Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys oama@lists.imla.org
Subject: [Oama] 300 foot radius measurement

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Fellow attorneys,

When my City asks the Assessor's office to furnish a 300 foot radius, and list of property owners, from a given legal description, the Assessor furnishes a list and a measurement that is 300 feet from the Center of the furnished tract, and not 300 feet from the outer edges of the tract.  Which is correct?
The Assessor says she has always done it that way, for all Towns and Cities within the County.

Thoughts?

Kay Wall