Group,

Where does one begin to close an open active street inside a municipality??

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.comhttp://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.

11 O.S. §42-110
Ray

From: Larry Vickers
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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

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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First the city closes the street by resolution,  but this is a temporary closing.  To make the closing permanent a suit must be filed and all utility holders must be made a party,  even is they are to retain their easements after closing.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited.  If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system.  Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Wednesday, March 23, 2022 3:23 PM
To: Larry Vickers larry@lvickerslaw.com; OAMA luistserv oama@lists.imla.org
Subject: [Oama] Re: Closing Street

11 O.S. §42-110
Ray

From: Larry Vickers
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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.comhttp://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.

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I always try to get the person who wants the closing to get their own attorney.  Then I work with them on a resolution and answer for the lawsuit.  I think there are forms in Vernon's Oklahoma Forms (Real Estate).

Good Luck!

Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.

From: Robert Thompson rthompson@cheekfalcone.com
Sent: Wednesday, March 23, 2022 3:28 PM
To: rayvincent@coxinet.net; Larry Vickers larry@lvickerslaw.com; OAMA luistserv oama@lists.imla.org
Subject: [Oama] Re: Closing Street

First the city closes the street by resolution,  but this is a temporary closing.  To make the closing permanent a suit must be filed and all utility holders must be made a party,  even is they are to retain their easements after closing.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited.  If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system.  Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.cheekfalcone.com%252f%26c%3DE%2C1%2CDy6uXVTf2KPbL5gyGB_llkBnpn-najj_6yGSWcLGYCO6wfUU3TAt_h4-2GOUIsetIEEnk8eNGnO-p63Ltbw-kckAihkZrY95ovokybQNF-gjywLC%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7Ccb4b409421c34ee0007108da0d4127e1%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C1%7C637836870764921549%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=pVqqlkWj0Ulkt3lVJove%2Bxbv3p4JR45abnqu1eHkdlo%3D&reserved=0

From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Wednesday, March 23, 2022 3:23 PM
To: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>; OAMA luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Closing Street

11 O.S. §42-110
Ray

From: Larry Vickers
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.lvickerslaw.com%252f%26c%3DE%2C1%2CFakTuigu9b_s6w3Egs3FIVT1SSgjBOSmL6yxI-4-smjYcRH4CS-mn5gBAQhAaFZSytt_a6WLTfIj7cW_Cv51eVIhCIUD5QQQ2l2vSnS5bwLkHZuZxW4%2C%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7Ccb4b409421c34ee0007108da0d4127e1%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C1%7C637836870764921549%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bqiERAFzNLYLiavh1OCbiXLvOZnGr66yu64VpduDkh8%3D&reserved=0

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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Larry:

I am attaching for your review a link to an OBA Journal that contains a GREAT article on closing and vacating public ways.  Although several years old, it provides a terrific primer of the statutory vehicles.  One thing that I would note is that only counties have the ability to place statutory rights-of-way in "reserved status."

I hope this helps!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

https://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdf

Solo and Small Firm Conference • Legislative Monitoring Committee Report - Oklahoma Bar Associationhttps://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdf
Vol. 82 — No. 8 — 3/12/2011 The Oklahoma Bar Journal 603 Plus 656 OBA Legislative Monitoring Committee Report By Duchess Bartmess 658 Solo and Small Firm Conference
www.okbar.org

From: Larry Vickers larry@lvickerslaw.com
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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.comhttp://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.

I appreciate the article.

But I also have a question on closing a street for use by a school (construction to be done on the property). Does this change anything? I ask as it is my understanding that a municipality may not give away property.

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.comhttp://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.

From: Beth Anne Childs bethanne@thechildsfirm.com
Sent: Saturday, March 26, 2022 12:13:16 PM
To: Larry Vickers; OAMA luistserv
Subject: Re: Closing Street

Larry:

I am attaching for your review a link to an OBA Journal that contains a GREAT article on closing and vacating public ways.  Although several years old, it provides a terrific primer of the statutory vehicles.  One thing that I would note is that only counties have the ability to place statutory rights-of-way in "reserved status."

I hope this helps!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

https://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdf

Solo and Small Firm Conference • Legislative Monitoring Committee Report - Oklahoma Bar Associationhttps://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdf
Vol. 82 — No. 8 — 3/12/2011 The Oklahoma Bar Journal 603 Plus 656 OBA Legislative Monitoring Committee Report By Duchess Bartmess 658 Solo and Small Firm Conference
www.okbar.org

From: Larry Vickers larry@lvickerslaw.com
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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.comhttp://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.

Larry, I wonder if you could close the street by ordinance and then convey
the property to the school under the authority of 11 OS 22-125?

Gifts to Institutions in State System of Higher Education (oscn.net)
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=76061

From: Larry Vickers larry@lvickerslaw.com
Sent: Sunday, March 27, 2022 4:11 PM
To: Beth Anne Childs bethanne@thechildsfirm.com; OAMA luistserv
oama@lists.imla.org
Subject: [Oama] Re: Closing Street

I appreciate the article.

But I also have a question on closing a street for use by a school
(construction to be done on the property). Does this change anything? I ask
as it is my understanding that a municipality may not give away property.

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.

From: Beth Anne Childs <bethanne@thechildsfirm.com
mailto:bethanne@thechildsfirm.com >
Sent: Saturday, March 26, 2022 12:13:16 PM
To: Larry Vickers; OAMA luistserv
Subject: Re: Closing Street

Larry:

I am attaching for your review a link to an OBA Journal that contains a
GREAT article on closing and vacating public ways.  Although several years
old, it provides a terrific primer of the statutory vehicles.  One thing
that I would note is that only counties have the ability to place statutory
rights-of-way in "reserved status."

I hope this helps!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

https://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdf

https://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdf
Solo and Small Firm Conference . Legislative Monitoring Committee Report -
Oklahoma Bar Association

Vol. 82 - No. 8 - 3/12/2011 The Oklahoma Bar Journal 603 Plus 656 OBA
Legislative Monitoring Committee Report By Duchess Bartmess 658 Solo and
Small Firm Conference

www.okbar.org http://www.okbar.org

From: Larry Vickers <larry@lvickerslaw.com mailto:larry@lvickerslaw.com >
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv <oama@lists.imla.org mailto:oama@lists.imla.org >
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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.

Larry,

City can close a public way, but it must be done by ordinance.  See, 11 O.S. § 42-110.  The City's act of closing the public way, though, does not affect the title to the property.  The street is still "owned" by the City and the City can reopen the street at any time.  If the person wants to permanently close the street, they must file a proceeding under 11 O.S. § 42-102 in district court.  Only the district court can remove the street dedication permanently and thereby affect a change in title to the underlying property.  Importantly, when the street is dedicated the ownership of the property generally reverts to the adjoining property owners.  See, Lindauer v. Hill, 1953 OK 141.  I don't know what you are contemplating would be conveyed by the city to the school, but after the permanent vacation of the street the city would not own any property interest (unless it owns the adjoining property in which event it would own to the middle of the prior street).  If the City has other property it is considering gifting to the school, it has significant power under 11 O.S. § 22-125 to make a gift to a public school.  There is a good discussion of gifts to schools in OK AG Op. 2004-6.

Couple of other thoughts.  There are cases holding that "title to streets and alleys is held by the municipality in trust for the public, and not in a proprietary capacity. The municipality is without power to alienate them.  A city cannot give away its rights in public streets, nor may it sell or barter away any streets it holds in trust for the benefit of the public."  See, State v. Oklahoma City, 1973 OK 134, 522 P.2d 612.  Similarly, cases hold that it is unlawful for a city "to vacate a public street or highway which has not been abandoned or occupied adversely to the public for more than five years, merely to serve the convenience of a private individual or corporation."  See, City of Stillwater v. Lovell, 15 P.2d 12.  One case even held that the city's act of vacating a street was ultra vires where it was done to serve a private interest.  See, Hedrick v. Padon, 333 P.2d 552.  The city should consider including in any ordinance vacating the public way a finding that the street no longer serves the public interest and is abandoned for public use.

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: Sunday, March 27, 2022 4:11 PM
To: Beth Anne Childs bethanne@thechildsfirm.com; OAMA luistserv oama@lists.imla.org
Subject: [Oama] Re: Closing Street

I appreciate the article.

But I also have a question on closing a street for use by a school (construction to be done on the property). Does this change anything? I ask as it is my understanding that a municipality may not give away property.

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.comhttps://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=c39c094a5cf743db92b06c0856fdcf3c

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.

From: Beth Anne Childs <bethanne@thechildsfirm.commailto:bethanne@thechildsfirm.com>
Sent: Saturday, March 26, 2022 12:13:16 PM
To: Larry Vickers; OAMA luistserv
Subject: Re: Closing Street

Larry:

I am attaching for your review a link to an OBA Journal that contains a GREAT article on closing and vacating public ways.  Although several years old, it provides a terrific primer of the statutory vehicles.  One thing that I would note is that only counties have the ability to place statutory rights-of-way in "reserved status."

I hope this helps!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

https://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdfhttps://us-west-2.protection.sophos.com?d=okbar.org&u=aHR0cHM6Ly93d3cub2tiYXIub3JnL3dwLWNvbnRlbnQvdXBsb2Fkcy8yMDE4LzA2L09CSjIwMTFNYXJjaDEyLXNtLnBkZg==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=d0gyQStsUnFLNlVxNTgxNHFxeTF2MmxHMnBYRUc3MXoyR3lJV3V5ODczRT0=&h=c39c094a5cf743db92b06c0856fdcf3c
Solo and Small Firm Conference * Legislative Monitoring Committee Report - Oklahoma Bar Associationhttps://us-west-2.protection.sophos.com?d=okbar.org&u=aHR0cHM6Ly93d3cub2tiYXIub3JnL3dwLWNvbnRlbnQvdXBsb2Fkcy8yMDE4LzA2L09CSjIwMTFNYXJjaDEyLXNtLnBkZg==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=d0gyQStsUnFLNlVxNTgxNHFxeTF2MmxHMnBYRUc3MXoyR3lJV3V5ODczRT0=&h=c39c094a5cf743db92b06c0856fdcf3c
Vol. 82 - No. 8 - 3/12/2011 The Oklahoma Bar Journal 603 Plus 656 OBA Legislative Monitoring Committee Report By Duchess Bartmess 658 Solo and Small Firm Conference
www.okbar.orghttps://us-west-2.protection.sophos.com?d=okbar.org&u=d3d3Lm9rYmFyLm9yZw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=Ym83cENZQVgzNm1oN1VKS3RwdWFTeVVXNURMN2g0TWNScVYrbUlPRmRRaz0=&h=c39c094a5cf743db92b06c0856fdcf3c

From: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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.comhttps://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=c39c094a5cf743db92b06c0856fdcf3c

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Under the statute below when the street is vacated it reverts to the adjacent property not the city therefore the city  could not sell the vacated street, Provided, however, when any public way or easement so vacated remains bounded on all sides by public ways, public grounds, or public easements, title to the entire tract vacated shall vest in the municipality but may then be used by the municipality or a leasehold conveyed by act of the governing body for any lawful purpose, public or private.

Oklahoma Statutes Citationized
[cid:image002.gif@01D84287.C5900D80] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[cid:image002.gif@01D84287.C5900D80] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[cid:image002.gif@01D84287.C5900D80] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXLII-VacatingPlatsandPublicWays Article Article XLII - Vacating Plats and Public Ways
[cid:image003.gif@01D84287.C5900D80] Section 42-113 - Hearing on Petition - Order Granting Foreclosure
Cite as: O.S. §, __ __

A. At the hearing on the petition, the district court shall inquire into the merits of the petition and take testimony as in any special proceeding and, upon determination of the issues, may:

1. grant the foreclosure of the right to reopen the public way or easement unless the municipality has established that it has a present or future reason to reopen or use the public way or easement as a public way or easement;
2. grant the request to reopen the public way or easement;
3. deny the petition; or
4. make any proper order pursuant to the facts and the law.
   B. The order granting foreclosure of the right to reopen the vacated public way or easement, or portion thereof, shall vest a complete fee simple title in and to the vacated part or portion thereof which reverted to the real estate.
   C. When any public way or easement is vacated, the same shall revert to the owners of real estate adjacent to such public way or easement on each side, in proportion to the frontage of the real estate, except in cases where such public way or easement has been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots or real estate in proportion to which it was taken from them or dedicated. Provided, however, when any public way or easement so vacated remains bounded on all sides by public ways, public grounds, or public easements, title to the entire tract vacated shall vest in the municipality but may then be used by the municipality or a leasehold conveyed by act of the governing body for any lawful purpose, public or private.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Sunday, March 27, 2022 10:27 PM
To: 'Larry Vickers' larry@lvickerslaw.com; 'OAMA luistserv' oama@lists.imla.org
Subject: [Oama] Re: Closing Street

Larry, I wonder if you could close the street by ordinance and then convey the property to the school under the authority of 11 OS 22-125?

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[cid:image004.jpg@01D84287.C5900D80]

From: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>
Sent: Sunday, March 27, 2022 4:11 PM
To: Beth Anne Childs <bethanne@thechildsfirm.commailto:bethanne@thechildsfirm.com>; OAMA luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Closing Street

I appreciate the article.

But I also have a question on closing a street for use by a school (construction to be done on the property). Does this change anything? I ask as it is my understanding that a municipality may not give away property.

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

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From: Beth Anne Childs <bethanne@thechildsfirm.commailto:bethanne@thechildsfirm.com>
Sent: Saturday, March 26, 2022 12:13:16 PM
To: Larry Vickers; OAMA luistserv
Subject: Re: Closing Street

Larry:

I am attaching for your review a link to an OBA Journal that contains a GREAT article on closing and vacating public ways.  Although several years old, it provides a terrific primer of the statutory vehicles.  One thing that I would note is that only counties have the ability to place statutory rights-of-way in "reserved status."

I hope this helps!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

https://www.okbar.org/wp-content/uploads/2018/06/OBJ2011March12-sm.pdfhttps://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.okbar.org%2Fwp-content%2Fuploads%2F2018%2F06%2FOBJ2011March12-sm.pdf&data=04%7C01%7C%7Ca972196396a14c5a885608da106ae551%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637840348573923795%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Xerjnlk2AZvaFWxgpAlsT3XydsooAvk8vtSSW%2FkN%2F%2BM%3D&reserved=0
Solo and Small Firm Conference * Legislative Monitoring Committee Report - Oklahoma Bar Associationhttps://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.okbar.org%2Fwp-content%2Fuploads%2F2018%2F06%2FOBJ2011March12-sm.pdf&data=04%7C01%7C%7Ca972196396a14c5a885608da106ae551%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637840348573923795%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Xerjnlk2AZvaFWxgpAlsT3XydsooAvk8vtSSW%2FkN%2F%2BM%3D&reserved=0
Vol. 82 - No. 8 - 3/12/2011 The Oklahoma Bar Journal 603 Plus 656 OBA Legislative Monitoring Committee Report By Duchess Bartmess 658 Solo and Small Firm Conference
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From: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>
Sent: Wednesday, March 23, 2022 2:46 PM
To: OAMA luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Closing Street

Group,

Where does one begin to close an open active street inside a municipality??

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

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