1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 724 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to roads and bridges; amending 69
7 O.S. 2021, Section 1209, which relates to right-of-
8 way access; authorizing certain county employees to
8 remove certain structures under certain
9 circumstances; exempting certain entities from
9 liability; updating statutory reference; and
10 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 69 O.S. 2021, Section 1209, is
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14 amended to read as follows:
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15 Section 1209. The Commission, its officers, agents, servants,
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16 and employees shall have authority to physically remove any such
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17 sign, post, thing or structure, gasoline pump, driveway canopy,
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18 fence, signpost and building described in Section 1208 of this
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19 title; and if the owner of any such driveway canopy, gasoline pump,
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20 or building, thing or structure fails to remove the same within a
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21 reasonable time after written demand for the removal thereof has
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22 been made upon him by registered mail or personal service, the
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23 Commission, its officers, agents, servants, and employees may
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24 physically tear down and remove such building, canopy, or pump, and
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 1 for such purpose may enter upon private property to the extent
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2 necessary to accomplish the removal. Neither the state nor the
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3 Commission or its agents, servants, officers and employees shall be
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4 liable for any damage caused or sustained by reason of the abatement
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5 and removal of any such nuisance. Neither the state nor the county,
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6 county officers, or employees shall be liable for any damage caused
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7 or sustained by reason of the abatement and removal of any such
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8 nuisance from county roads and bridges, pursuant to Section 2 of
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9 Article XVI of the Oklahoma Constitution and 43 U.S.C. Section 1095.
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10 SECTION 2. This act shall become effective November 1, 2023.
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12 59-1-914 KR 1/18/2023 3:56:50 PM
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