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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 11, § 11-42-104: Hearing and determination - Extent of relief

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Where this section sits in the code
  1. OK Code
  2. Title 11

A. If the applicant for vacation produces to the court

satisfactory evidence that the service of notice, mailing, and

notice of publication required by Section 42-103 of this title has

been given, the court shall proceed to hear and determine the

application as well as any objections thereto.

B. If the application shall be for the vacation of the entire

plat, and no owner of any portion thereof or the holder of a

franchise or other special right or privilege shall appear and

object to such vacation, the entire plat may be vacated. If it

shall appear that portions of the plat are not used or required for

county or municipal purposes, or for the holder of a franchise or

other special right or privilege, as platted, the court may vacate

such portions thereof as will not injuriously affect the rights of

owners of other portions of the plat or the public.

C. If the application shall be by the owner of a portion of the

platted tract for the vacation of such portion only, or for the

vacation of a street, alley, easement or portion thereof abutting

such portion, the court may vacate such portion or abutting street,

alley, easement or portion thereof as will not injuriously affect

the rights of owners of other portions of the plat or the public if

it shall appear that:

1. The portion or abutting street, alley, easement or portion

thereof desired to be vacated is either not used or not required for

county or municipal purposes or for the use of the holder of a

franchise or anyone having a special right or privilege granted by

ordinance or legislative enactment; and accordingly, said street,

alley, easement or portion thereof has been closed to the public by

enactment of any ordinance or resolution;

2. The platted street, alley, easement or portion thereof on or

across such portion has never been used by the public; or

3. The public has for more than ninety (90) days abandoned such

by nonuser, or that the same has been enclosed and occupied

adversely to the public for more than ninety (90) days, and that

application has been made to the governing body of the county or

municipality where the property is located at least ninety (90) days

prior to the filing of the application for vacation in the district

court for an ordinance or resolution closing the street, alley,

easement or portion thereof to public use, but the governing body

has failed, refused or neglected to enact such an ordinance or

resolution.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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