Okla. Stat. tit. 66, § 66-63

How highways occupied.

If it shall be necessary, in the location of any part of any

railroad, to occupy any road, street, alley or public way or ground

of any kind, or any part thereof, it shall be competent for the

municipal, or other corporation, or public officer, or public

authorities owning or having charge thereof, and the railroad

corporation, to agree upon the manner, and upon the terms and

conditions upon which the same may be used or occupied; and if said

parties shall be unable to agree thereon, and it shall be necessary,

in the judgment of the directors of such railroad corporation, to

use or occupy such road, street, alley, or other public way or

ground, such corporation may appropriate so much of the same as may

be necessary for the purpose of such road, in the same manner and

upon the same terms as are provided in this chapter for the

appropriation of the property of individuals. Provided, however,

that if any railroad shall be so located as to occupy any road or

public way, constructed by any road improvement district organized

under the laws of this state, for a greater distance than one-fourth

(1/4) of one (1) mile, before any such railroad shall acquire the

right to enter upon, use, occupy and maintain its railroad along

such, and upon such public highway, it shall file in the office of

Oklahoma Statutes - Title 66. Railroads Page 18

the county clerk, in the county wherein such road improvement

district is located, a statement showing the total length of the

line proposed to be located along, and upon, such public highway,

the amount of compensation they propose to pay to such road

improvement district for the use of such public highway, and the

time and manner in which such payment is to be made. Immediately

upon the filing of such proposal, the county clerk shall notify the

county commissioners and shall cause same to be published in one

issue, at the expense of the railroad company, of some newspaper of

general circulation within said road improvement district. The

county commissioners shall meet within ten (10) days and shall

immediately order an election to be held, within such road

improvement district, for the purpose of submitting, to the

qualified electors within such road improvement district, the

question of accepting or rejecting the proposal of such railroad

company. They shall pass all orders and resolutions necessary for

the holding of such elections and shall canvass the returns thereof,

and declare the result, and if three-fifths (3/5) of all the votes

cast on such question shall be in favor of the acceptance of the

proposal of said railroad company, the same shall be accepted and

the board of county commissioners shall have power to execute all

contracts and do all things necessary to secure to said road

improvement district the performance of the conditions of such

proposal of said railroad company.

R.L. 1910, § 1410; Laws 1910-11, c. 71, p. 167, § 1, emerg. eff.

March 11, 1911.