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Oklahoma Municipal Law Questions & Answers
1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Civil Rights and Municipal Law for Oklahoma on
Q: Does code enforcement only need to notify land owner of abatement or can owner give permission to take my property

Original owner on deed is deceased we had permission from “in care of person” to park and use carport his daughter said he wasn’t in condition to make decisions a time later building was to be torn down we got permission to correct dilapidated structure by mayor we corrected issue then city... View More

James L. Arrasmith
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answered on Jul 28, 2024

In situations like yours, code enforcement typically needs to notify the property owner of any planned abatement actions. If the original owner is deceased, the "in care of" person or legal heir should be informed. Without proper notification to you, taking your property might not be... View More

1 Answer | Asked in Municipal Law for Oklahoma on
Q: Really use to drive my lawn mower down the street in the county of nowata, Oklahoma,74048.... I'm 35 years of age

Is it illegal to drive my lawn mower down the street in the county of nowata, Oklahoma,74048.... I'm 35 years of age

James L. Arrasmith
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answered on Jun 2, 2024

In Nowata County, Oklahoma, driving a lawn mower on public streets can be subject to specific local regulations. Generally, lawn mowers are not considered street-legal vehicles, and their use on public roads might be restricted. It’s important to check with local authorities or the sheriff’s... View More

1 Answer | Asked in Civil Rights, Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: How do I make to where I don't have to mow my yard? How can I make this work to feed the bees and let nature be natural?

I wanna feed the bees w/ the natural growth of my yard, I don't have time to plant flowers or mow my yard. I don't have the money nor the time to take care of it and I love suppling the wild life with a safe natural home and food. It's my home I don't see what's wrong with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

While I understand your preference, the city is allowed to enact city codes for the safety and welfare of the citizens within the city limits. Tall grass is one of these items because, whether we agree or not, can create a hazardous condition in the event of grass fires. Unfortunately this... View More

1 Answer | Asked in Tax Law, Real Estate Law and Municipal Law for Oklahoma on
Q: If a property is abandoned and tax warrants are threatening to take said property,can a person claim by paying back taxe

Even if also a mortgage maturity date ?

James L. Arrasmith
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answered on Apr 20, 2024

If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Gov & Administrative Law, Municipal Law and Native American Law for Oklahoma on
Q: My ex has my truck that he claims as his & refuses to give it back. He had my name removed from the title.

I have receipts, a notorized bill of sale and an affidavit signed by a judge showing ownership. It was originally in my name thru the State but I added his when we registered it thru Cherokee Nation. We did so due to cheaper tags. I have the physical title but somehow he's had my name... View More

James L. Arrasmith
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answered on Feb 27, 2024

Given the complexity of your situation, involving both the removal of your name from the vehicle title and the presence of documents proving your ownership, your first step should be to contact the Cherokee Nation's vehicle registration office or the equivalent authority that manages vehicle... View More

1 Answer | Asked in Personal Injury, Civil Rights, Landlord - Tenant and Municipal Law for Oklahoma on
Q: What is an illegal eviction and what if it has resulted in someone's death??
James L. Arrasmith
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answered on Feb 25, 2024

An illegal eviction occurs when a landlord removes a tenant from a property without following the legal process required by state or local laws. This can include changing the locks, physically removing the tenant's belongings, shutting off utilities, or using threats to force the tenant out... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Municipal Law for Oklahoma on
Q: County refuses to clean a culvert and it floods our property. What can we do?

This has been an ongoing process for more than two years. They say they don’t have the equipment to maintain.

T. Augustus Claus
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answered on Feb 1, 2024

In Oklahoma, if the county refuses to clean a culvert resulting in flooding on your property, you may have legal options to address the situation. First, you could attempt to resolve the issue through direct communication with the county authorities, highlighting the impact of the flooding on your... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Oklahoma on
Q: How long can you leave a car parked in a handicap parking spot with a placard. Some have been there for a month

People are using these handicap parking spots to store their cars with a placard. Other people need them.

James L. Arrasmith
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answered on Jan 1, 2024

The duration a car can legally remain parked in a handicap parking spot with a placard varies based on local ordinances and parking regulations. In many areas, there is no specific time limit as long as the vehicle displays a valid handicap placard or license plate. However, these spots are... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Municipal Law for Oklahoma on
Q: What are the laws on using chalk on public streets for artistic purposes?
James L. Arrasmith
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answered on Dec 30, 2023

The laws regarding using chalk on public streets for artistic purposes can vary depending on the locality. In general, many places consider chalk art as a temporary, non-destructive form of expression, often likened to free speech under the First Amendment.

However, some cities or towns may...
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1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

1 Answer | Asked in Tax Law, Civil Rights and Municipal Law for Oklahoma on
Q: Can a city that charges sales tax for emergency services also make a mandatory subscription service for ambulance servic

On July 17, 2023, Broken Arrow City Council adopted Ordinance No. 3794 which removed the opt-out provision for participation in the LifeRide emergency medical services program and made the fee mandatory for all utility customers of the City of Broken Arrow. During fiscal year 2017, when... View More

James L. Arrasmith
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answered on Sep 14, 2023

In many jurisdictions, cities have the authority to charge fees for specific services, including emergency medical services like ambulance rides. The decision to make the fee mandatory for utility customers is typically within the purview of the city council or local government, subject to... View More

3 Answers | Asked in Gov & Administrative Law and Municipal Law for Oklahoma on
Q: Is it legal in Tulsa Oklahoma to turn off my water without notifications thru mail or email
John Michael Frick
John Michael Frick
answered on Aug 25, 2023

As long as you timely pay your water bill, no. Service cannot be discontinued on an account which is current without advance written notice.

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1 Answer | Asked in Land Use & Zoning and Municipal Law for Oklahoma on
Q: Can the city or county put a walking trail through private property without contacting the owner of record. oklahoma
T. Augustus Claus
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answered on Jul 28, 2023

In Oklahoma, the city or county generally cannot put a walking trail through private property without first contacting the owner of record and obtaining proper authorization. Building a public walking trail on private property involves the use of eminent domain, which allows the government to take... View More

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
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answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Election Law and Municipal Law for Oklahoma on
Q: A citizen of 4 years in our town did not transfer her voting location. Can she still run for City Council in our town
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 16, 2021

The specific answer to your question is too complicated to be answered on a forum such as this. To answer this question, you would need to review the municipal code's laws governing eligibility to run for city council in your town--presumably there is a residency requirement---and assuming... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden
answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

1 Answer | Asked in Business Law and Municipal Law for Oklahoma on
Q: Is it Legal for the city utility office to require payment on an old account from 13 years ago Before turning on utilits

Oklahoma Statutes

Title 12. Civil Procedure

§12-95. Limitation of other actions.

Universal Citation: 12 OK Stat § 12-95

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2020

You have cited a stat statute that governs litigation in the state courts. The city utility is not suing you for the ancient bills you never paid; they are telling you to pay your ancient debt or go get your utilities elsewhere. Be happy they are not asking for interest on this 13 year old... View More

1 Answer | Asked in Municipal Law for Oklahoma on
Q: Can the mayor of a municipality override the Chief of the Volunteer fire department? Can the Mayor fire the chief ?
Kyle Persaud
Kyle Persaud
answered on Apr 10, 2019

Your city's municipal code can tell you the answer to that. To find a copy of your city's municipal code, contact your city clerk.

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