Okla. Stat. tit. 82, § 82-612
This is the official text of Okla. Stat. tit. 82, § 82-612, part of Oklahoma’s Stat. tit. 82, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 82,." Browse the sections below, each linked to its official government source.
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Change of official plan - Powers and duties of directors
Official statutory text
The board of directors may at any time, when necessary to
fulfill the objects for which the district was created alter or add
to the official plan, and when such alterations or additions are
formally approved by the board and by the court, and are filed with
the secretary, they shall become a part of the official plan, but
they shall neither materially modify the general character of the
work, nor materially increase resulting damages for which the board
is not able to make amicable settlement, nor increase the cost more
than ten per cent (10%), no action other than a resolution of the
Board of directors shall be necessary for the approval of such
alterations or additions. In case the proposed alterations or
additions materially modify the resulting damages or materially
reduce the benefits, for which the board is not able to make
amicable settlement, or materially increase the benefits in such a
manner as to require a new appraisal, or increase the cost more than
ten per cent (10%), the court shall direct the board of appraisers
(which may be the original board, or a new board appointed by the
court on petition of the board of directors or otherwise) to
appraise the property to be taken, benefited or damaged, by the
proposed alterations or additions. Upon the completion of the report
of the Board of appraisers, notice shall be given in the same manner
as in the case of the original report of the board of appraisers,
Oklahoma Statutes - Title 82. Waters and Water Rights Page 102
and the same right of appeal shall exist. Provided, that where few
land owners are affected, if found to be more economical and
convenient, personal notice of the pendency of the report of said
appraisers shall be given instead of notice by publication; and
provided, that if the only question at issue is additional damages
or reduction of benefits to property, due to modifications or
additions to the plans, the board of directors, may, if they find it
practicable, make settlements with the owners of the property
damaged instead of having appraisals made by the board of
appraisers. In case such settlements are made, notice and hearing
need not be had. After bonds have been sold, in order that their
security may not be impaired, no reduction shall be made in the
amount of benefits appraised against property in the district, but
in lieu of such reduction in benefits, if any are made, the amount
shall be paid to the party in cash. This provision shall apply to
all changes in appraisals under this act.
fulfill the objects for which the district was created alter or add
to the official plan, and when such alterations or additions are
formally approved by the board and by the court, and are filed with
the secretary, they shall become a part of the official plan, but
they shall neither materially modify the general character of the
work, nor materially increase resulting damages for which the board
is not able to make amicable settlement, nor increase the cost more
than ten per cent (10%), no action other than a resolution of the
Board of directors shall be necessary for the approval of such
alterations or additions. In case the proposed alterations or
additions materially modify the resulting damages or materially
reduce the benefits, for which the board is not able to make
amicable settlement, or materially increase the benefits in such a
manner as to require a new appraisal, or increase the cost more than
ten per cent (10%), the court shall direct the board of appraisers
(which may be the original board, or a new board appointed by the
court on petition of the board of directors or otherwise) to
appraise the property to be taken, benefited or damaged, by the
proposed alterations or additions. Upon the completion of the report
of the Board of appraisers, notice shall be given in the same manner
as in the case of the original report of the board of appraisers,
Oklahoma Statutes - Title 82. Waters and Water Rights Page 102
and the same right of appeal shall exist. Provided, that where few
land owners are affected, if found to be more economical and
convenient, personal notice of the pendency of the report of said
appraisers shall be given instead of notice by publication; and
provided, that if the only question at issue is additional damages
or reduction of benefits to property, due to modifications or
additions to the plans, the board of directors, may, if they find it
practicable, make settlements with the owners of the property
damaged instead of having appraisals made by the board of
appraisers. In case such settlements are made, notice and hearing
need not be had. After bonds have been sold, in order that their
security may not be impaired, no reduction shall be made in the
amount of benefits appraised against property in the district, but
in lieu of such reduction in benefits, if any are made, the amount
shall be paid to the party in cash. This provision shall apply to
all changes in appraisals under this act.
Status: in_force · Read it on the official government site
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