Fw: Municipal sale of municipal street
How does a municipality hold title to dedicated streets and alleys?
I have a good idea but would like additional input.
A municipality I represent sold lots located adjacent to a dedicated street at auction. Turns out the building on the property extends well onto the north half of a dedicated street right-of-way. The south half is utilized by the municipality as a large concrete drainage channel. The municipality needs to convey title to the north half of the street to the purchaser.
After considering your thoughts, I will set out my plan for vetting by attorneys interested in this situation.
Respectfully,
Steven Holloway
City of Elk City, OK
If it's a statutory dedication, the interest if fee.
If it's a common law dedication, the interest is easement.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
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From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Wednesday, December 02, 2020 1:55 PM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Fw: Municipal sale of municipal street
How does a municipality hold title to dedicated streets and alleys?
I have a good idea but would like additional input.
A municipality I represent sold lots located adjacent to a dedicated street at auction. Turns out the building on the property extends well onto the north half of a dedicated street right-of-way. The south half is utilized by the municipality as a large concrete drainage channel. The municipality needs to convey title to the north half of the street to the purchaser.
After considering your thoughts, I will set out my plan for vetting by attorneys interested in this situation.
Respectfully,
Steven Holloway
City of Elk City, OK
The answer to your question lies in 11 OK Statutes Section 42-102 and 42-109. In short, the platted street must be vacated and title would revert to the adjoining properties.
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#ArticleXLII-VacatingPlatsandPublicWays Article Article XLII - Vacating Plats and Public Ways
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 42-102 - Application by Owner for Vacation of Platted Tract, Street, Alley, Easement or Public Way - Power of District Court
Cite as: O.S. §, __ __
A. If the owner of any tract of land platted for municipal purposes, or the owner of any portion of such platted tract, desires to vacate the whole or some part thereof, or desires to vacate a platted street, alley, easement or portion thereof, the owner shall file a verified application setting forth his current address and briefly stating the reason for vacating, in the district court in the county where the land is located.
B. Notwithstanding provisions in subsection A of this section, if the owner of any tract of land platted for municipal purposes for a public way desires to vacate some part thereof and the portion thus vacated would not obstruct the use of the balance of the tract as a street, avenue, alley, lane or thoroughfare open for public use, and which tract after vacation would remain bounded on all sides by land platted for municipal purposes, the owner may file a verified application in the district court in the county where the property is located. The district court is authorized, upon application by such owner and upon showing that previous use of the tract as a street would remain unobstructed, to alter or vacate the platted tract or any part thereof.
C. In cases where a portion of a tract is vacated but remains bounded on all sides by public ways and public grounds, title to the portion vacated shall pass to the municipality or public entity created by the municipality for the purpose of managing, developing, maintaining or leasing, for any lawful purpose, public or private, the tract so vacated. The title to said tract shall remain with the municipality or other public entity until such time as any adjacent tract comprising the public way or street is subsequently vacated and no longer used for a public purpose.
Historical Data
itle 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#ArticleXLII-VacatingPlatsandPublicWays Article Article XLII - Vacating Plats and Public Ways
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 42-109 - Effect of Vacation - Owner May Plat Again - Enclose Public Ways - Reversion of Fee
Cite as: O.S. §, __ __
A. The owner of any lot in a plat which has been vacated by decree or written instrument may cause the same and a proportionate part of adjacent public ways and public grounds to be replatted and numbered by a registered land surveyor. The owner of any platted lot or lots may replat the lot or lots without necessity of vacating the initial plat or applicable portion thereof if such action is not prohibited by any restrictive covenants encumbering the lots. A replat shall not be deemed a vacation of the initial plat nor affect any preexisting public ways, utility easements or rights-of-way. A replat or a vacation of a plat shall not be deemed a termination of any restrictive covenants which are otherwise enforceable. When a replat is acknowledged by the owner and bears the approval of the municipality in which the plat is situated and is recorded in the office of the county clerk of the county in which the plat is located, the lots may be conveyed and assessed by the numbers given them on the plat.
B. When any part of a plat has been vacated by decree or written instrument, the owners of the lots so vacated may enclose the public ways and public grounds adjoining the lots in equal proportion.
C. Nothing contained in this article shall operate to preclude a fee from reverting to its owner when a public right-of-way is vacated in law or in fact.
Historical Data
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Steven Holloway hipshot.steven@gmail.com
Sent: Wednesday, December 2, 2020 1:55 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Fw: Municipal sale of municipal street
How does a municipality hold title to dedicated streets and alleys?
I have a good idea but would like additional input.
A municipality I represent sold lots located adjacent to a dedicated street at auction. Turns out the building on the property extends well onto the north half of a dedicated street right-of-way. The south half is utilized by the municipality as a large concrete drainage channel. The municipality needs to convey title to the north half of the street to the purchaser.
After considering your thoughts, I will set out my plan for vetting by attorneys interested in this situation.
Respectfully,
Steven Holloway
City of Elk City, OK
I agree with Mr. Davis. The new owner should file an action in District
Court seeking to vacate the street. All holders of franchises and
rights-of-way must be named parties in addition to the municipality.
The municipality is also authorized to vacate the street via ordinance, but
my understanding is that the street may be reopened by ordinance in the
future. You want certainty here, I think.
Kim Spady
Kimberlee T. Spady
Attorney & Counselor at Law
406 N. Broadway, Suite D
Post Office Box 433
Hinton, Oklahoma 73047
Telephone: 405-542-6056
Email: Kim@SpadyLaw.com
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Wednesday, December 02, 2020 2:44 PM
To: Steven Holloway hipshot.steven@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] Fw: Municipal sale of municipal street
The answer to your question lies in 11 OK Statutes Section 42-102 and
42-109. In short, the platted street must be vacated and title would revert
to the adjoining properties.
klahoma Statutes Citationized
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11
Title 11. Cities and Towns
<https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#C
hapter1-OklahomaMunicipalCode> Chapter 1 - Oklahoma Municipal Code
<https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#A
rticleXLII-VacatingPlatsandPublicWays> Article Article XLII - Vacating Plats
and Public Ways
https://www.oscn.net/Images/Applications/search/WDDocument.gif
Section 42-102 - Application by Owner for Vacation of Platted Tract, Street,
Alley, Easement or Public Way - Power of District Court
Cite as: O.S. §, __ __
A. If the owner of any tract of land platted for municipal purposes, or the
owner of any portion of such platted tract, desires to vacate the whole or
some part thereof, or desires to vacate a platted street, alley, easement or
portion thereof, the owner shall file a verified application setting forth
his current address and briefly stating the reason for vacating, in the
district court in the county where the land is located.
B. Notwithstanding provisions in subsection A of this section, if the owner
of any tract of land platted for municipal purposes for a public way desires
to vacate some part thereof and the portion thus vacated would not obstruct
the use of the balance of the tract as a street, avenue, alley, lane or
thoroughfare open for public use, and which tract after vacation would
remain bounded on all sides by land platted for municipal purposes, the
owner may file a verified application in the district court in the county
where the property is located. The district court is authorized, upon
application by such owner and upon showing that previous use of the tract as
a street would remain unobstructed, to alter or vacate the platted tract or
any part thereof.
C. In cases where a portion of a tract is vacated but remains bounded on all
sides by public ways and public grounds, title to the portion vacated shall
pass to the municipality or public entity created by the municipality for
the purpose of managing, developing, maintaining or leasing, for any lawful
purpose, public or private, the tract so vacated. The title to said tract
shall remain with the municipality or other public entity until such time as
any adjacent tract comprising the public way or street is subsequently
vacated and no longer used for a public purpose.
Historical Data
itle 11. Cities and Towns
<https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#C
hapter1-OklahomaMunicipalCode> Chapter 1 - Oklahoma Municipal Code
<https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#A
rticleXLII-VacatingPlatsandPublicWays> Article Article XLII - Vacating Plats
and Public Ways
https://www.oscn.net/Images/Applications/search/WDDocument.gif
Section 42-109 - Effect of Vacation - Owner May Plat Again - Enclose Public
Ways - Reversion of Fee
Cite as: O.S. §, __ __
A. The owner of any lot in a plat which has been vacated by decree or
written instrument may cause the same and a proportionate part of adjacent
public ways and public grounds to be replatted and numbered by a registered
land surveyor. The owner of any platted lot or lots may replat the lot or
lots without necessity of vacating the initial plat or applicable portion
thereof if such action is not prohibited by any restrictive covenants
encumbering the lots. A replat shall not be deemed a vacation of the initial
plat nor affect any preexisting public ways, utility easements or
rights-of-way. A replat or a vacation of a plat shall not be deemed a
termination of any restrictive covenants which are otherwise enforceable.
When a replat is acknowledged by the owner and bears the approval of the
municipality in which the plat is situated and is recorded in the office of
the county clerk of the county in which the plat is located, the lots may be
conveyed and assessed by the numbers given them on the plat.
B. When any part of a plat has been vacated by decree or written instrument,
the owners of the lots so vacated may enclose the public ways and public
grounds adjoining the lots in equal proportion.
C. Nothing contained in this article shall operate to preclude a fee from
reverting to its owner when a public right-of-way is vacated in law or in
fact.
Historical Data
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic
Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be
delivered only to the named addressee(s) This e-mail message is intended
only for the personal use of the recipient(s) named above. This message is
or may be an attorney-client communication and as such privileged and
confidential. If you are not an intended recipient, you may not review, copy
or distribute this message. If you have received this communication in
error, please notify us immediately by e-mail and delete the original
message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org
on behalf of Steven Holloway <hipshot.steven@gmail.com
mailto:hipshot.steven@gmail.com >
Sent: Wednesday, December 2, 2020 1:55 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Fw: Municipal sale of municipal street
How does a municipality hold title to dedicated streets and alleys?
I have a good idea but would like additional input.
A municipality I represent sold lots located adjacent to a dedicated street
at auction. Turns out the building on the property extends well onto the
north half of a dedicated street right-of-way. The south half is utilized
by the municipality as a large concrete drainage channel. The municipality
needs to convey title to the north half of the street to the purchaser.
After considering your thoughts, I will set out my plan for vetting by
attorneys interested in this situation.
Respectfully,
Steven Holloway
City of Elk City, OK
This involves a platted and dedicated street. It is a statutory dedication. It was not created under common law. Due to adjacent development, natural terrain and waterways in its path, the city has no present intention to ever reopen the street; nor is it likely any future administration would so desire. I am aware that the street must be Closed by Ordinance as a prerequisite to a District Court action to ‘vacate’ and formally foreclose the city’s right to reopen the street. In such case, the Journal Entry would make that finding and “foreclose” the right to reopen the street later on. The Journal Entry would award half the street to the adjacent owners on one side and the other half to the adjacent owners on the other side.
I don’t believe the city has fee simple title to statutorily dedicated streets. I seem to recall such streets are held in trust or a fiduciary capacity for the benefit of the public.
Here’s where it gets fun. The city owns the platted lots on both sides of the street. Pursuant to 11 O.S. Sec. 42-102, “If the owner of any tract of land platted for municipal purposes....desires to vacate a platted street,....the owner shall file a verified application (petition)....in the district court in the county where the land is located.” The city has reason to sell both sides of the dedicated street since prospective purchasers of the adjacent lots on both sides want to buy those lots and the street upon which buildings/parking spaces are located, which buildings/parking spaces encroach upon the dedicated street. Obviously, the encroaching buildings/parking spaces were constructed (long ago) without reference to a survey.
Can the City proceed as the “....(plaintiff) owner of any tract of land platted for municipal purposes.....(who).....desires to vacate a platted street,.....” in the district court action so it can convey clear title to the buildings/parking spaces upon sale?
Steven Holloway
Elk City, OK
From: Kimberlee Spady
Sent: Wednesday, December 02, 2020 2:5
To: oama@lists.imla.org
Subject: Re: [Oama] Fw: Municipal sale of municipal street
I agree with Mr. Davis. The new owner should file an action in District Court seeking to vacate the street. All holders of franchises and rights-of-way must be named parties in addition to the municipality.
The municipality is also authorized to vacate the street via ordinance, but my understanding is that the street may be reopened by ordinance in the future. You want certainty here, I think.
Kim Spady
Kimberlee T. Spady
Attorney & Counselor at Law
406 N. Broadway, Suite D
Post Office Box 433
Hinton, Oklahoma 73047
Telephone: 405-542-6056
Email: Kim@SpadyLaw.com
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Wednesday, December 02, 2020 2:44 PM
To: Steven Holloway hipshot.steven@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] Fw: Municipal sale of municipal street
The answer to your question lies in 11 OK Statutes Section 42-102 and 42-109. In short, the platted street must be vacated and title would revert to the adjoining properties.
klahoma Statutes Citationized
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article Article XLII - Vacating Plats and Public Ways
Section 42-102 - Application by Owner for Vacation of Platted Tract, Street, Alley, Easement or Public Way - Power of District Court
Cite as: O.S. §, __ __
A. If the owner of any tract of land platted for municipal purposes, or the owner of any portion of such platted tract, desires to vacate the whole or some part thereof, or desires to vacate a platted street, alley, easement or portion thereof, the owner shall file a verified application setting forth his current address and briefly stating the reason for vacating, in the district court in the county where the land is located.
B. Notwithstanding provisions in subsection A of this section, if the owner of any tract of land platted for municipal purposes for a public way desires to vacate some part thereof and the portion thus vacated would not obstruct the use of the balance of the tract as a street, avenue, alley, lane or thoroughfare open for public use, and which tract after vacation would remain bounded on all sides by land platted for municipal purposes, the owner may file a verified application in the district court in the county where the property is located. The district court is authorized, upon application by such owner and upon showing that previous use of the tract as a street would remain unobstructed, to alter or vacate the platted tract or any part thereof.
C. In cases where a portion of a tract is vacated but remains bounded on all sides by public ways and public grounds, title to the portion vacated shall pass to the municipality or public entity created by the municipality for the purpose of managing, developing, maintaining or leasing, for any lawful purpose, public or private, the tract so vacated. The title to said tract shall remain with the municipality or other public entity until such time as any adjacent tract comprising the public way or street is subsequently vacated and no longer used for a public purpose.
Historical Data
itle 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article Article XLII - Vacating Plats and Public Ways
Section 42-109 - Effect of Vacation - Owner May Plat Again - Enclose Public Ways - Reversion of Fee
Cite as: O.S. §, __ __
A. The owner of any lot in a plat which has been vacated by decree or written instrument may cause the same and a proportionate part of adjacent public ways and public grounds to be replatted and numbered by a registered land surveyor. The owner of any platted lot or lots may replat the lot or lots without necessity of vacating the initial plat or applicable portion thereof if such action is not prohibited by any restrictive covenants encumbering the lots. A replat shall not be deemed a vacation of the initial plat nor affect any preexisting public ways, utility easements or rights-of-way. A replat or a vacation of a plat shall not be deemed a termination of any restrictive covenants which are otherwise enforceable. When a replat is acknowledged by the owner and bears the approval of the municipality in which the plat is situated and is recorded in the office of the county clerk of the county in which the plat is located, the lots may be conveyed and assessed by the numbers given them on the plat.
B. When any part of a plat has been vacated by decree or written instrument, the owners of the lots so vacated may enclose the public ways and public grounds adjoining the lots in equal proportion.
C. Nothing contained in this article shall operate to preclude a fee from reverting to its owner when a public right-of-way is vacated in law or in fact.
Historical Data
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Steven Holloway hipshot.steven@gmail.com
Sent: Wednesday, December 2, 2020 1:55 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Fw: Municipal sale of municipal street
How does a municipality hold title to dedicated streets and alleys?
I have a good idea but would like additional input.
A municipality I represent sold lots located adjacent to a dedicated street at auction. Turns out the building on the property extends well onto the north half of a dedicated street right-of-way. The south half is utilized by the municipality as a large concrete drainage channel. The municipality needs to convey title to the north half of the street to the purchaser.
After considering your thoughts, I will set out my plan for vetting by attorneys interested in this situation.
Respectfully,
Steven Holloway
City of Elk City, OK
--
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Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
If the city owns property on both sides of street then it could proceed to vacate street. Sale of lots would be acccording to city charter or ordinances
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Steven Holloway hipshot.steven@gmail.com
Sent: Wednesday, December 2, 2020 4:00 PM
To: Kimberlee Spady Kim@spadylaw.com; oama@lists.imla.org oama@lists.imla.org
Subject: Re: [Oama] Fw: Municipal sale of municipal street
This involves a platted and dedicated street. It is a statutory dedication. It was not created under common law. Due to adjacent development, natural terrain and waterways in its path, the city has no present intention to ever reopen the street; nor is it likely any future administration would so desire. I am aware that the street must be Closed by Ordinance as a prerequisite to a District Court action to ‘vacate’ and formally foreclose the city’s right to reopen the street. In such case, the Journal Entry would make that finding and “foreclose” the right to reopen the street later on. The Journal Entry would award half the street to the adjacent owners on one side and the other half to the adjacent owners on the other side.
I don’t believe the city has fee simple title to statutorily dedicated streets. I seem to recall such streets are held in trust or a fiduciary capacity for the benefit of the public.
Here’s where it gets fun. The city owns the platted lots on both sides of the street. Pursuant to 11 O.S. Sec. 42-102, “If the owner of any tract of land platted for municipal purposes....desires to vacate a platted street,....the owner shall file a verified application (petition)....in the district court in the county where the land is located.” The city has reason to sell both sides of the dedicated street since prospective purchasers of the adjacent lots on both sides want to buy those lots and the street upon which buildings/parking spaces are located, which buildings/parking spaces encroach upon the dedicated street. Obviously, the encroaching buildings/parking spaces were constructed (long ago) without reference to a survey.
Can the City proceed as the “....(plaintiff) owner of any tract of land platted for municipal purposes.....(who).....desires to vacate a platted street,.....” in the district court action so it can convey clear title to the buildings/parking spaces upon sale?
Steven Holloway
Elk City, OK
From: Kimberlee Spadymailto:Kim@spadylaw.com
Sent: Wednesday, December 02, 2020 2:5
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Fw: Municipal sale of municipal street
I agree with Mr. Davis. The new owner should file an action in District Court seeking to vacate the street. All holders of franchises and rights-of-way must be named parties in addition to the municipality.
The municipality is also authorized to vacate the street via ordinance, but my understanding is that the street may be reopened by ordinance in the future. You want certainty here, I think.
Kim Spady
Kimberlee T. Spady
Attorney & Counselor at Law
406 N. Broadway, Suite D
Post Office Box 433
Hinton, Oklahoma 73047
Telephone: 405-542-6056
Email: Kim@SpadyLaw.com
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Wednesday, December 02, 2020 2:44 PM
To: Steven Holloway hipshot.steven@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] Fw: Municipal sale of municipal street
The answer to your question lies in 11 OK Statutes Section 42-102 and 42-109. In short, the platted street must be vacated and title would revert to the adjoining properties.
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#ArticleXLII-VacatingPlatsandPublicWays Article Article XLII - Vacating Plats and Public Ways
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 42-102 - Application by Owner for Vacation of Platted Tract, Street, Alley, Easement or Public Way - Power of District Court
Cite as: O.S. §, __ __
A. If the owner of any tract of land platted for municipal purposes, or the owner of any portion of such platted tract, desires to vacate the whole or some part thereof, or desires to vacate a platted street, alley, easement or portion thereof, the owner shall file a verified application setting forth his current address and briefly stating the reason for vacating, in the district court in the county where the land is located.
B. Notwithstanding provisions in subsection A of this section, if the owner of any tract of land platted for municipal purposes for a public way desires to vacate some part thereof and the portion thus vacated would not obstruct the use of the balance of the tract as a street, avenue, alley, lane or thoroughfare open for public use, and which tract after vacation would remain bounded on all sides by land platted for municipal purposes, the owner may file a verified application in the district court in the county where the property is located. The district court is authorized, upon application by such owner and upon showing that previous use of the tract as a street would remain unobstructed, to alter or vacate the platted tract or any part thereof.
C. In cases where a portion of a tract is vacated but remains bounded on all sides by public ways and public grounds, title to the portion vacated shall pass to the municipality or public entity created by the municipality for the purpose of managing, developing, maintaining or leasing, for any lawful purpose, public or private, the tract so vacated. The title to said tract shall remain with the municipality or other public entity until such time as any adjacent tract comprising the public way or street is subsequently vacated and no longer used for a public purpose.
Historical Data
itle 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#ArticleXLII-VacatingPlatsandPublicWays Article Article XLII - Vacating Plats and Public Ways
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 42-109 - Effect of Vacation - Owner May Plat Again - Enclose Public Ways - Reversion of Fee
Cite as: O.S. §, __ __
A. The owner of any lot in a plat which has been vacated by decree or written instrument may cause the same and a proportionate part of adjacent public ways and public grounds to be replatted and numbered by a registered land surveyor. The owner of any platted lot or lots may replat the lot or lots without necessity of vacating the initial plat or applicable portion thereof if such action is not prohibited by any restrictive covenants encumbering the lots. A replat shall not be deemed a vacation of the initial plat nor affect any preexisting public ways, utility easements or rights-of-way. A replat or a vacation of a plat shall not be deemed a termination of any restrictive covenants which are otherwise enforceable. When a replat is acknowledged by the owner and bears the approval of the municipality in which the plat is situated and is recorded in the office of the county clerk of the county in which the plat is located, the lots may be conveyed and assessed by the numbers given them on the plat.
B. When any part of a plat has been vacated by decree or written instrument, the owners of the lots so vacated may enclose the public ways and public grounds adjoining the lots in equal proportion.
C. Nothing contained in this article shall operate to preclude a fee from reverting to its owner when a public right-of-way is vacated in law or in fact.
Historical Data
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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Steven Holloway <hipshot.steven@gmail.commailto:hipshot.steven@gmail.com>
Sent: Wednesday, December 2, 2020 1:55 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Fw: Municipal sale of municipal street
How does a municipality hold title to dedicated streets and alleys?
I have a good idea but would like additional input.
A municipality I represent sold lots located adjacent to a dedicated street at auction. Turns out the building on the property extends well onto the north half of a dedicated street right-of-way. The south half is utilized by the municipality as a large concrete drainage channel. The municipality needs to convey title to the north half of the street to the purchaser.
After considering your thoughts, I will set out my plan for vetting by attorneys interested in this situation.
Respectfully,
Steven Holloway
City of Elk City, OK
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