Fellow Municipal Practitioners:
Happy Day After Labor Day! I have been working with Tulsa County Attorneys on various road projects. They have recently taken the position when a municipality annexes real property adjacent to a roadway, the municipality assumes maintenance responsibility for the entirety of the roadway and not just to the center line. That was a monumental shift in how roadways were maintained and improved. In support of this, they cite 11 O.S. § 21-101, which provides that municipal governing bodies may, by ordinance, add municipal territory that is adjacent or contiguous to its corporate limits, and 11 O.S.§ 21-103(C). This section discusses the impact of road annexation and provides as follows:
"Unless otherwise provided by law, a roadway or road right-of-way that is adjacent or contiguous to the territory to be annexed shall be considered a part and parcel to the territory to be annexed."
The statute certainly implies that the entirety of the road and not just to the center line, will become the subject of annexation. Importantly, this version of the statute did not take effect until November 1, 2004 (there were two versions adopted by the Oklahoma Legislature, but this version was the one that was approved last).
I thought that it would be helpful for you all to be aware of this change in position. It certainly may not be reflective of how all ADA's are interpreting the statute, but you probably want to have it on your radar. Also, in doing my research, I came across a wonderful publication entitled County Road Issues. It was updated in 2020 from the original publication in 2014 and is attached for your reference.
I hope that you find this information helpful. Have a great week!
Beth Anne Childs
Beth Anne Childs
The Childs Law Firm, PLLC
1015 South Detroit Avenue
Tulsa, Oklahoma. 74120
(918) 521-3092