1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1771 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to rights-of-way; amending 69 O.S.
7 2021, Section 1208, as amended by Section 1, Chapter
8 335, O.S.L. 2023 (69 O.S. Supp. 2023, Section 1208),
8 which relates to the placement of structures in
9 rights-of-way; modifying applicability of section;
9 enabling the placement of certain signage in certain
10 locations; updating statutory reference; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 69 O.S. 2021, Section 1208, as
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15 amended by Section 1, Chapter 335, O.S.L. 2023 (69 O.S. Supp. 2023,
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16 Section 1208), is amended to read as follows:
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17 Section 1208. (a) A. The rights-of-way acquired by the
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18 Department of Transportation or a county shall be held inviolate for
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19 state highway, departmental, or county purposes, and no physical or
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20 functional encroachments or uses shall be permitted within such
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21 rights-of-way.
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22 (b) B. It shall be unlawful for any person to construct,
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23 maintain or operate any gasoline pump, driveway canopy, building,
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24 sign, fence, post, or any thing or structure on or overhanging any
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Req. No. 3108 Page 1
 1 right-of-way, or upon or overhanging any street occupied by a
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2 designated state or federal highway, or county roads and the
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3 construction or maintaining of any such thing or structure on or
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4 overhanging any federal or state highway or county roads shall
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5 constitute a public nuisance, which may be summarily abated by the
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6 Commission or board of county commissioners or its officers, agents,
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7 servants and employees in the manner provided in this article.
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8 (c) C. This section shall not apply to the lawful use of such
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9 rights-of-way for the erection and operation of facilities of a
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10 public utility, or companies engaged in the activities defined in
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11 Section 137.1 of Title 52 of the Oklahoma Statutes.
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12 D. This section shall not apply to the placement, by the county
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13 commissioners or the board of directors of a fire protection
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14 district or the designees of either, of signage indicating that
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15 restrictions on outdoor burning are in effect pursuant to Section
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16 901.8 of Title 19 of the Oklahoma Statutes. Such signage may be
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17 placed on the right-of-way, provided such placement is made in
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18 coordination with the Department of Transportation.
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19 SECTION 2. This act shall become effective November 1, 2024.
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21 59-2-3108 MSBB 1/17/2024 12:31:30 PM
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Statutes affected:
Introduced: 69-1208
Floor (House): 69-1208
Floor (Senate): 69-1208
Engrossed: 69-1208
Enrolled (final version): 69-1208