Okla. Stat. tit. 11, § 11-42-113

This is the official text of Okla. Stat. tit. 11, § 11-42-113, 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 disposition of petition to foreclose or

Official statutory text

reopen.

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

Oklahoma Statutes - Title 11. Cities and Towns Page 469

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.

Status: in_force · Read it on the official government site

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