{"data":{"id":"us-ok/okla.-stat.-tit.-69-69-1205","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 69, § 69-1205","heading":"Acquisition policy","body":"The policy which the Commission shall follow in the acquisition\n\nof all rights-of-way shall be as follows:\n\n(a) For construction on the Interstate Highway System within\n\nthe limits of municipalities having a population of five thousand\n\n(5,000) or more, federal aid funds, if available, may be used for\n\nthe acquisition of rights-of-way, and shall, if available, be used\n\nto pay the cost of the removing or relocating of utility facilities\n\nlocated in either privately owned or public rights-of-way. In such\n\nevent the municipality in which such construction is to be performed\n\nshall furnish funds to the state necessary to match the federal\n\nfunds, unless the utility requiring relocation is owned by another\n\nmunicipality having a population of five thousand (5,000) or more,\n\nin which case the municipal utility owner shall furnish the funds.\n\n(b) For construction on the Interstate Highway System in all\n\nlocations other than within the limits of municipalities having a\n\npopulation of five thousand (5,000) or over, and where control of\n\naccess is required, the state shall furnish all rights-of-way and\n\nmay use federal aid funds, if available, for such purpose, and when\n\nfederal aid funds are available for such purpose, shall pay the cost\n\nof removing or relocating utility facilities located on either\n\nprivately owned or public rights-of-way.\n\n(c) For all construction projects within the limits of\n\nmunicipalities, other than projects on the Interstate Highway\n\nSystem, as described in the Federal Aid Highway Act of 1956, the\n\nmunicipality or county involved and the Department shall equally\n\nshare the cost of all necessary rights-of-way, clear of all\n\nobstructions, including structures of any kind or nature and utility\n\nlines, poles, pipelines or other facilities above or below the\n\nsurface of the ground. If federal aid funds are available for the\n\nproject, the municipality or county and the Department shall equally\n\nshare the local portion of the costs for acquiring and clearing the\n\nright-of-way, including the cost of removing and relocating utility\n\nfacilities located on privately owned rights-of-way.\n\n(d) In any municipality where the Commission has determined it\n\nto be necessary to construct a highway through or within the\n\ncorporate limits, and further determines that the construction will\n\nnot benefit the municipality involved, or that the construction will\n\nbenefit state-owned property or institutions, the Commission may, in\n\nits discretion, pay for or participate in the cost of rights-of-way\n\nfor such project.\n\n(e) For all reconstruction or widening projects on existing\n\nimproved roads of permanent-type surface in rural areas, the\n\nDepartment shall pay fifty percent (50%) of the cost of any\n\nadditional rights-of-way required to meet right-of-way standard-\n\nwidth requirements, and the remaining fifty percent (50%) shall be\n\nfurnished or paid for by local units of government; provided,\n\nhowever, that no right-of-way shall be acquired under the terms of\n\nthis article, except by due process of law.\n\n(f) For new construction on unsurfaced roads where the\n\nconstruction follows a section line or an existing unimproved road,\n\nall rights-of-way shall be furnished by local units of government\n\nfree of cost to the Department; provided, should the new or\n\nadditional rights-of-way, either contiguous or adjacent to the\n\nsection line or existing unimproved road, be acquired only on one\n\nside of the section line or road, then one-half of the cost shall be\n\nborne by the state.\n\n(g) For all new construction diagonally across country or not\n\nfollowing on a section line road or other existing unimproved road,\n\nthe rights-of-way shall be paid for by the Department.\n\n(h) In securing the necessary rights-of-way in rural areas, the\n\nstate shall pay for all damages to buildings, improvements, fences\n\nand all other appurtenances thereto, or their moving and relocating.\nhe state.\n\n(g) For all new construction diagonally across country or not\n\nfollowing on a section line road or other existing unimproved road,\n\nthe rights-of-way shall be paid for by the Department.\n\n(h) In securing the necessary rights-of-way in rural areas, the\n\nstate shall pay for all damages to buildings, improvements, fences\n\nand all other appurtenances thereto, or their moving and relocating.\n\n(i) In any county where a proposed alignment for a highway\n\nproject on the primary system shall not come within one-half (1/2)\n\nmile of the limits of any municipality within the county, or\n\ncontribute to the highway transportation system or to the economy of\n\nthe county, the Commission may in its discretion increase the amount\n\nof the state's participation in the cost of rights-of-way for such\n\nprojects.\n\n(j) The term \"utility facility\" as used herein means any\n\npublicly, privately, municipally or cooperatively owned facility or\n\nsystem which is used to provide water, power, light, gas, sewer,\n\ntelegraph, telephone and communications, or like utility service, to\n\nthe public in the State of Oklahoma, or some portion thereof.","path":["OK Code","Title 69"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os69.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5a4699cb3b9b2984b3c307c267e7da33c998d9dcbabb85221eeea4e8abdecfda","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-69-69-1204","next":"us-ok/okla.-stat.-tit.-69-69-1206"},"notice":"GroundRules: Original legal text. Not legal advice."}