Okla. Stat. tit. 19, § 19-1234
This is the official text of Okla. Stat. tit. 19, § 19-1234, part of Oklahoma’s Stat. tit. 19, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 19,." Browse the sections below, each linked to its official government source.
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Notice to affected record title holders - Protests
Official statutory text
A. Any county creating a road improvement district pursuant to
the provisions of Sections 1230 through 1262 of this title, except
as provided for in Section 1236 of this title, shall provide notice
to the affected record title holders of private property and an
opportunity to protest against said improvements. Any number of
roads, streets, avenues, lanes, alleys, or other public places, or
parts thereof, to be improved may be included in one notice. Any
protest or objection shall be made and considered separately as to
each road, street, avenue, lane, alley, or other public place, or
parts thereof. For purposes of protest in accordance with this
section, disconnected parts of the same street shall be treated as
separate streets.
B. Upon the filing of said plans, plat, typical section, and
preliminary estimate of the cost of such work or improvements with
the county clerk, the board of county commissioners shall examine
the same and, if found satisfactory, shall by resolution adopt and
approve the same and declare the improvement necessary to be done.
Said resolution shall be published in six consecutive issues of a
daily newspaper or two consecutive issues of a weekly newspaper
published in the county and having a general circulation within the
county. The resolution shall provide that the record title holders
of more than forty percent (40%) of the area of land liable to
assessment to pay for the improvement of any road, street, avenue,
lane, alley, or other public place, or part thereof, choosing to
protest such road improvement shall file with the county clerk of
said county their protest in writing against the improvement within
fifteen (15) days after the last publication of the resolution. If
such protest is not filed within the specified period, the county
shall have the power to cause such improvements to be made and to
contract for such improvements and to levy assessments for the
payment of such improvements. Any number of roads, streets,
avenues, lanes, alleys, or other public places, or parts thereof, to
be improved may be included in one resolution. After any road,
street, avenue, lane, alley, or other public place, or part thereof,
has been protested by the record title holders of more than forty
percent (40%) of the land liable to assessment for such improvement,
the board of county commissioners of said county shall not include
the same in proceedings pursuant to the provisions of Sections 1230
through 1262 of this title for a period of six (6) months except
upon petitions as provided by Section 1236 of this title.
Oklahoma Statutes - Title 19. Counties and County Officers Page 524
C. If sufficient protests are filed as to any one or more of
such roads, streets, avenues, lanes, alleys, or other public places,
or parts thereof, the same shall be eliminated from said
proceedings, but the other roads, streets, avenues, lanes, alleys,
or other public places, or parts thereof, as to which sufficient
protests have not been filed shall not be affected thereby. The
provisions of this subsection shall not apply to any development
pursuant to the provisions of Section 1236 of this title.
D. Any person, firm, corporation, administrator, or guardian
holding the title to said lands liable to assessment may enter a
protest or objection.
E. The finding of the board as to the sufficiency or
insufficiency of the protest shall be conclusive and binding for all
purposes and against all persons. The board shall have the power to
have hearings on said protest and compel the attendance of witnesses
under oath to determine the sufficiency of said protest. No action
or suit to question the findings of the board on the sufficiency of
said protests shall be commenced later than fifteen (15) days after
such finding. Not less than ten (10) days before the hearing the
county clerk shall notify each record title holder of lots or tracts
ngs on said protest and compel the attendance of witnesses
under oath to determine the sufficiency of said protest. No action
or suit to question the findings of the board on the sufficiency of
said protests shall be commenced later than fifteen (15) days after
such finding. Not less than ten (10) days before the hearing the
county clerk shall notify each record title holder of lots or tracts
of land within said district as shown by the current ownership rolls
prepared and certified by the county clerk within sixty (60) days
last preceding the date of the notification in the following manner:
1. By mailing a postal card directly to said record title
holder at his last-known address as shown by the ownership roll,
notifying said record title holder of the initiation of proceedings
and advising him that his property will be liable to assessment and
referring him to the issues of the newspaper in which the resolution
is or will be published. If titles to several tracts appear to be
held by the same person, all may be included in the same
notification; or
2. In lieu of the mailing of a postal card, the county clerk
may mail to each record title holder a copy of the newspaper
publication.
Proof of the notification given shall be made by certificate of the
clerk which shall be filed in his office. Failure of any one of
said record title holders to receive said notification shall not
invalidate any of the proceedings made pursuant to the provisions of
this section.
the provisions of Sections 1230 through 1262 of this title, except
as provided for in Section 1236 of this title, shall provide notice
to the affected record title holders of private property and an
opportunity to protest against said improvements. Any number of
roads, streets, avenues, lanes, alleys, or other public places, or
parts thereof, to be improved may be included in one notice. Any
protest or objection shall be made and considered separately as to
each road, street, avenue, lane, alley, or other public place, or
parts thereof. For purposes of protest in accordance with this
section, disconnected parts of the same street shall be treated as
separate streets.
B. Upon the filing of said plans, plat, typical section, and
preliminary estimate of the cost of such work or improvements with
the county clerk, the board of county commissioners shall examine
the same and, if found satisfactory, shall by resolution adopt and
approve the same and declare the improvement necessary to be done.
Said resolution shall be published in six consecutive issues of a
daily newspaper or two consecutive issues of a weekly newspaper
published in the county and having a general circulation within the
county. The resolution shall provide that the record title holders
of more than forty percent (40%) of the area of land liable to
assessment to pay for the improvement of any road, street, avenue,
lane, alley, or other public place, or part thereof, choosing to
protest such road improvement shall file with the county clerk of
said county their protest in writing against the improvement within
fifteen (15) days after the last publication of the resolution. If
such protest is not filed within the specified period, the county
shall have the power to cause such improvements to be made and to
contract for such improvements and to levy assessments for the
payment of such improvements. Any number of roads, streets,
avenues, lanes, alleys, or other public places, or parts thereof, to
be improved may be included in one resolution. After any road,
street, avenue, lane, alley, or other public place, or part thereof,
has been protested by the record title holders of more than forty
percent (40%) of the land liable to assessment for such improvement,
the board of county commissioners of said county shall not include
the same in proceedings pursuant to the provisions of Sections 1230
through 1262 of this title for a period of six (6) months except
upon petitions as provided by Section 1236 of this title.
Oklahoma Statutes - Title 19. Counties and County Officers Page 524
C. If sufficient protests are filed as to any one or more of
such roads, streets, avenues, lanes, alleys, or other public places,
or parts thereof, the same shall be eliminated from said
proceedings, but the other roads, streets, avenues, lanes, alleys,
or other public places, or parts thereof, as to which sufficient
protests have not been filed shall not be affected thereby. The
provisions of this subsection shall not apply to any development
pursuant to the provisions of Section 1236 of this title.
D. Any person, firm, corporation, administrator, or guardian
holding the title to said lands liable to assessment may enter a
protest or objection.
E. The finding of the board as to the sufficiency or
insufficiency of the protest shall be conclusive and binding for all
purposes and against all persons. The board shall have the power to
have hearings on said protest and compel the attendance of witnesses
under oath to determine the sufficiency of said protest. No action
or suit to question the findings of the board on the sufficiency of
said protests shall be commenced later than fifteen (15) days after
such finding. Not less than ten (10) days before the hearing the
county clerk shall notify each record title holder of lots or tracts
ngs on said protest and compel the attendance of witnesses
under oath to determine the sufficiency of said protest. No action
or suit to question the findings of the board on the sufficiency of
said protests shall be commenced later than fifteen (15) days after
such finding. Not less than ten (10) days before the hearing the
county clerk shall notify each record title holder of lots or tracts
of land within said district as shown by the current ownership rolls
prepared and certified by the county clerk within sixty (60) days
last preceding the date of the notification in the following manner:
1. By mailing a postal card directly to said record title
holder at his last-known address as shown by the ownership roll,
notifying said record title holder of the initiation of proceedings
and advising him that his property will be liable to assessment and
referring him to the issues of the newspaper in which the resolution
is or will be published. If titles to several tracts appear to be
held by the same person, all may be included in the same
notification; or
2. In lieu of the mailing of a postal card, the county clerk
may mail to each record title holder a copy of the newspaper
publication.
Proof of the notification given shall be made by certificate of the
clerk which shall be filed in his office. Failure of any one of
said record title holders to receive said notification shall not
invalidate any of the proceedings made pursuant to the provisions of
this section.
Status: in_force · Read it on the official government site
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