Okla. Stat. tit. 11, § 11-21-110v1
This is the official text of Okla. Stat. tit. 11, § 11-21-110v1, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Detachment of municipal territory - Procedure
Official statutory text
A. Territory may be detached from the corporate limits of a
municipality by the governing body when:
1. An ordinance of the governing body so directs; or
2. A petition requesting detachment, signed by at least three-
fourths (3/4) of the registered voters and by the owners of at least
three-fourths (3/4), in value, of the property to be detached, is
filed with the governing body.
Only land which is within the limits of the municipality and
upon its border and not laid out in lots and blocks, or land which
had been annexed to a municipality, may be detached by petition.
B. Petitioners for detachment of municipal territory shall
comply with the following procedures:
1. A true and complete unsigned copy of the petition requesting
detachment shall be filed with the clerk of the municipality before
it is circulated and signed by at least three-fourths (3/4) of the
registered voters and by the owners of at least three-fourths (3/4),
in value, of the property to be detached, as required by subsection
A of this section;
2. Signed copies of the petition requesting detachment shall be
filed with the clerk of the municipality within ninety (90) days
after the initial filing of the unsigned copy with the clerk; and
3. Notice of the filing of the signed petition requesting
detachment with the clerk of the municipality shall be given in the
same manner provided for petitions requesting annexation.
Failure to comply with the notice requirement or the other
procedures set forth in this subsection shall render the petition
for detachment insufficient and no action thereon shall be required
by the clerk or governing body of the municipality.
C. When signed copies of the petition requesting detachment are
timely filed with the clerk of the municipality, the clerk shall
determine the sufficiency of the signatures appearing on the
petition. The clerk shall then publish, in at least one newspaper
Oklahoma Statutes - Title 11. Cities and Towns Page 141
of general circulation in the municipality, a notice of the filing
and the apparent sufficiency or insufficiency of the petition.
Within ten (10) days following the publication, the governing body
of the municipality shall hold a public hearing on the petition
requesting detachment and take such action thereon as the governing
body deems appropriate, which may include approval, denial, or
deferral.
D. Appeal to the district court concerning any action by the
clerk or governing body of the municipality on a petition requesting
detachment shall be in the same manner provided for petitions
requesting annexation.
E. Territory to be detached under subsection A of this section
shall not be detached if:
1. The territory includes an intervening strip less than four
(4) rods wide;
2. The territory is separated from the corporate limits of a
municipality only by a railway right-of-way;
3. The territory is a highway right-of-way adjacent to or
contiguous with a municipality; or
4. The territory includes properties that will be split in two,
resulting in part of the property falling inside the corporate
limits of a municipality and part of it falling outside the
corporate limits of the municipality.
F. Notwithstanding the provisions of subsection E of this
section, the state, county, or any other political subdivision or
governmental entity which will assume responsibility over the
proposed detached territory may give written consent to the
detachment.
municipality by the governing body when:
1. An ordinance of the governing body so directs; or
2. A petition requesting detachment, signed by at least three-
fourths (3/4) of the registered voters and by the owners of at least
three-fourths (3/4), in value, of the property to be detached, is
filed with the governing body.
Only land which is within the limits of the municipality and
upon its border and not laid out in lots and blocks, or land which
had been annexed to a municipality, may be detached by petition.
B. Petitioners for detachment of municipal territory shall
comply with the following procedures:
1. A true and complete unsigned copy of the petition requesting
detachment shall be filed with the clerk of the municipality before
it is circulated and signed by at least three-fourths (3/4) of the
registered voters and by the owners of at least three-fourths (3/4),
in value, of the property to be detached, as required by subsection
A of this section;
2. Signed copies of the petition requesting detachment shall be
filed with the clerk of the municipality within ninety (90) days
after the initial filing of the unsigned copy with the clerk; and
3. Notice of the filing of the signed petition requesting
detachment with the clerk of the municipality shall be given in the
same manner provided for petitions requesting annexation.
Failure to comply with the notice requirement or the other
procedures set forth in this subsection shall render the petition
for detachment insufficient and no action thereon shall be required
by the clerk or governing body of the municipality.
C. When signed copies of the petition requesting detachment are
timely filed with the clerk of the municipality, the clerk shall
determine the sufficiency of the signatures appearing on the
petition. The clerk shall then publish, in at least one newspaper
Oklahoma Statutes - Title 11. Cities and Towns Page 141
of general circulation in the municipality, a notice of the filing
and the apparent sufficiency or insufficiency of the petition.
Within ten (10) days following the publication, the governing body
of the municipality shall hold a public hearing on the petition
requesting detachment and take such action thereon as the governing
body deems appropriate, which may include approval, denial, or
deferral.
D. Appeal to the district court concerning any action by the
clerk or governing body of the municipality on a petition requesting
detachment shall be in the same manner provided for petitions
requesting annexation.
E. Territory to be detached under subsection A of this section
shall not be detached if:
1. The territory includes an intervening strip less than four
(4) rods wide;
2. The territory is separated from the corporate limits of a
municipality only by a railway right-of-way;
3. The territory is a highway right-of-way adjacent to or
contiguous with a municipality; or
4. The territory includes properties that will be split in two,
resulting in part of the property falling inside the corporate
limits of a municipality and part of it falling outside the
corporate limits of the municipality.
F. Notwithstanding the provisions of subsection E of this
section, the state, county, or any other political subdivision or
governmental entity which will assume responsibility over the
proposed detached territory may give written consent to the
detachment.
Status: in_force · Read it on the official government site
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