Okla. Stat. tit. 11, § 11-36-106
This is the official text of Okla. Stat. tit. 11, § 11-36-106, 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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Title to trees, shrubbery and parking abutting streets
Official statutory text
- Injury to - Powers of municipality.
The owners of real estate situated in municipalities abutting
upon public streets and avenues in the municipality shall have,
subject to the lawful supervision of the municipality over its
streets, such title to and right to property in
1. Growing trees situated in front of such real estate, but
within the boundary line of the streets and avenues, and within the
curb line; or
2. Parking and ornamental shrubbery planted and cultivated
within the curb line of the streets and avenues;
so as to enable the owners, in case of wrongful injury or
destruction of the trees, shrubbery or parking, to recover from the
Oklahoma Statutes - Title 11. Cities and Towns Page 318
person or corporation causing the injury or destruction the full
damages which the abutting property in front of which they are
situated may sustain by reason thereof, notwithstanding the fee
title to the land in such streets and avenues may not be in the
owner of the abutting property. The abutting property owners shall
also have, subject to the limitations provided in this section, the
right of action in any court of competent jurisdiction to enjoin
wrongful injury to or destruction of the trees, shrubbery or
parking. The necessary trimming of such trees or shrubbery to
permit the proper stringing and passage of utility and other wires
shall not be considered as a wrongful injury. Nothing in this
section shall deprive the municipal governing body of the ordinary
supervision of its streets, or of the right to direct, by proper
ordinance, the manner of planting or cultivating such trees,
shrubbery or parking, on the part of the street where they shall be
so planted and cultivated, and from exercising reasonable
supervision of the same, and causing them to be trimmed and grown in
such manner as not to interfere with public travel upon the streets
and sidewalks or other public use.
The owners of real estate situated in municipalities abutting
upon public streets and avenues in the municipality shall have,
subject to the lawful supervision of the municipality over its
streets, such title to and right to property in
1. Growing trees situated in front of such real estate, but
within the boundary line of the streets and avenues, and within the
curb line; or
2. Parking and ornamental shrubbery planted and cultivated
within the curb line of the streets and avenues;
so as to enable the owners, in case of wrongful injury or
destruction of the trees, shrubbery or parking, to recover from the
Oklahoma Statutes - Title 11. Cities and Towns Page 318
person or corporation causing the injury or destruction the full
damages which the abutting property in front of which they are
situated may sustain by reason thereof, notwithstanding the fee
title to the land in such streets and avenues may not be in the
owner of the abutting property. The abutting property owners shall
also have, subject to the limitations provided in this section, the
right of action in any court of competent jurisdiction to enjoin
wrongful injury to or destruction of the trees, shrubbery or
parking. The necessary trimming of such trees or shrubbery to
permit the proper stringing and passage of utility and other wires
shall not be considered as a wrongful injury. Nothing in this
section shall deprive the municipal governing body of the ordinary
supervision of its streets, or of the right to direct, by proper
ordinance, the manner of planting or cultivating such trees,
shrubbery or parking, on the part of the street where they shall be
so planted and cultivated, and from exercising reasonable
supervision of the same, and causing them to be trimmed and grown in
such manner as not to interfere with public travel upon the streets
and sidewalks or other public use.
Status: in_force · Read it on the official government site
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