Altus Afb, OK asked in Real Estate Law for Oklahoma

Q: What is the para for legal easement (33 FT) in western Oklahoma Please

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2 Lawyer Answers
Richard Winblad
PREMIUM
Answered

A: This varies greatly depending upon the use and whether the company has the power of eminent domain.

A: If you are asking what is the legal authority for the section line right of ways in western Oklahoma the answer is:

The Oklahoma Organic Act of 1890 established that there is reserved for public highway 4 rods wide between each section of land. 4 rods is 66 feet. The right of way is 33 feet on each side of the section line. That portion of the Enabling Act is found at 43 USC Section 1095. The Oklahoma Constitution in Article 2 Section 2 accepts all reservations of land for public highways. Then in Title 69 Oklahoma Statutes Section 1201 provides that section lines open and maintained by the County Commissioners are public roads.

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