Okla. Stat. tit. 60, § 60-813
This is the official text of Okla. Stat. tit. 60, § 60-813, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Governmental authority holding only easements for use as
Official statutory text
rights-of-way.
In situations in which a governmental authority or agency holds
only an easement for use as a right-of-way over land on which is
constructed a highway, street, road, alley or bridge:
1. The governmental authority or agency shall possess for and
on behalf of the public the right to use such easement for highway,
Oklahoma Statutes - Title 60. Property Page 247
street, road, alley or bridge purposes with full, free and
unobstructed passage over such improvement as well as the right to
construct, maintain, repair, alter and remove such improvement,
subject to all other laws pertaining thereto; and
2. In addition thereto, the governmental authority and agency
shall possess for and on behalf of the public the right to make full
use of the airspace over, under or upon said right-of-way, provided
that the residual right, title, interest and estate of the owner or
owners of the fee in and to the land on which said improvement
exists shall not in any way be encumbered, limited or additionally
burdened without just compensation being paid to such owner or
owners and with the determination of such just compensation to be
made in the manner provided by law for additional takings under the
power of eminent domain.
In situations in which a governmental authority or agency holds
only an easement for use as a right-of-way over land on which is
constructed a highway, street, road, alley or bridge:
1. The governmental authority or agency shall possess for and
on behalf of the public the right to use such easement for highway,
Oklahoma Statutes - Title 60. Property Page 247
street, road, alley or bridge purposes with full, free and
unobstructed passage over such improvement as well as the right to
construct, maintain, repair, alter and remove such improvement,
subject to all other laws pertaining thereto; and
2. In addition thereto, the governmental authority and agency
shall possess for and on behalf of the public the right to make full
use of the airspace over, under or upon said right-of-way, provided
that the residual right, title, interest and estate of the owner or
owners of the fee in and to the land on which said improvement
exists shall not in any way be encumbered, limited or additionally
burdened without just compensation being paid to such owner or
owners and with the determination of such just compensation to be
made in the manner provided by law for additional takings under the
power of eminent domain.
Status: in_force · Read it on the official government site
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