Okla. Stat. tit. 11, § 11-42-104
This is the official text of Okla. Stat. tit. 11, § 11-42-104, 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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Hearing and determination - Extent of relief
Official statutory text
A. If the applicant for vacation produces to the court
satisfactory evidence that the service of notice, mailing, and
notice of publication required by Section 42-103 of this title has
been given, the court shall proceed to hear and determine the
application as well as any objections thereto.
B. If the application shall be for the vacation of the entire
plat, and no owner of any portion thereof or the holder of a
Oklahoma Statutes - Title 11. Cities and Towns Page 462
franchise or other special right or privilege shall appear and
object to such vacation, the entire plat may be vacated. If it
shall appear that portions of the plat are not used or required for
county or municipal purposes, or for the holder of a franchise or
other special right or privilege, as platted, the court may vacate
such portions thereof as will not injuriously affect the rights of
owners of other portions of the plat or the public.
C. If the application shall be by the owner of a portion of the
platted tract for the vacation of such portion only, or for the
vacation of a street, alley, easement or portion thereof abutting
such portion, the court may vacate such portion or abutting street,
alley, easement or portion thereof as will not injuriously affect
the rights of owners of other portions of the plat or the public if
it shall appear that:
1. The portion or abutting street, alley, easement or portion
thereof desired to be vacated is either not used or not required for
county or municipal purposes or for the use of the holder of a
franchise or anyone having a special right or privilege granted by
ordinance or legislative enactment; and accordingly, said street,
alley, easement or portion thereof has been closed to the public by
enactment of any ordinance or resolution;
2. The platted street, alley, easement or portion thereof on or
across such portion has never been used by the public; or
3. The public has for more than ninety (90) days abandoned such
by nonuser, or that the same has been enclosed and occupied
adversely to the public for more than ninety (90) days, and that
application has been made to the governing body of the county or
municipality where the property is located at least ninety (90) days
prior to the filing of the application for vacation in the district
court for an ordinance or resolution closing the street, alley,
easement or portion thereof to public use, but the governing body
has failed, refused or neglected to enact such an ordinance or
resolution.
satisfactory evidence that the service of notice, mailing, and
notice of publication required by Section 42-103 of this title has
been given, the court shall proceed to hear and determine the
application as well as any objections thereto.
B. If the application shall be for the vacation of the entire
plat, and no owner of any portion thereof or the holder of a
Oklahoma Statutes - Title 11. Cities and Towns Page 462
franchise or other special right or privilege shall appear and
object to such vacation, the entire plat may be vacated. If it
shall appear that portions of the plat are not used or required for
county or municipal purposes, or for the holder of a franchise or
other special right or privilege, as platted, the court may vacate
such portions thereof as will not injuriously affect the rights of
owners of other portions of the plat or the public.
C. If the application shall be by the owner of a portion of the
platted tract for the vacation of such portion only, or for the
vacation of a street, alley, easement or portion thereof abutting
such portion, the court may vacate such portion or abutting street,
alley, easement or portion thereof as will not injuriously affect
the rights of owners of other portions of the plat or the public if
it shall appear that:
1. The portion or abutting street, alley, easement or portion
thereof desired to be vacated is either not used or not required for
county or municipal purposes or for the use of the holder of a
franchise or anyone having a special right or privilege granted by
ordinance or legislative enactment; and accordingly, said street,
alley, easement or portion thereof has been closed to the public by
enactment of any ordinance or resolution;
2. The platted street, alley, easement or portion thereof on or
across such portion has never been used by the public; or
3. The public has for more than ninety (90) days abandoned such
by nonuser, or that the same has been enclosed and occupied
adversely to the public for more than ninety (90) days, and that
application has been made to the governing body of the county or
municipality where the property is located at least ninety (90) days
prior to the filing of the application for vacation in the district
court for an ordinance or resolution closing the street, alley,
easement or portion thereof to public use, but the governing body
has failed, refused or neglected to enact such an ordinance or
resolution.
Status: in_force · Read it on the official government site
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