§ 277.25. Reclassification of land--Procedure
Oklahoma Statutes AnnotatedTitle 82. Waters and Water Rights
82 Okl.St.Ann. § 277.25
§ 277.25. Reclassification of land--Procedure
A. The reclassification of land within any irrigation district now or hereafter organized under the provisions of the Oklahoma Irrigation District Act,1 may be changed in the manner prescribed by this section. Such reclassification shall not impair or affect the irrigation district's organization, or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it or the owner of lands therein were or might become liable or chargeable had such reclassification not been made.
B. The holder or holders of title or evidence of title of any body of land situated within the boundaries of any irrigation district, may file with the board a petition in writing, requesting that such land be reclassified. The petition shall describe the tracts or body of land owned by the petitioners. The petition shall be deemed to give the assent of the petitioners to the reclassification in said district of the lands described in the petition and such petition shall be acknowledged in the same manner that conveyances of land are required to be acknowledged.
C. 1. Upon the filing of a petition for reclassification and payment, by the petitioners to the secretary-treasurer, of sufficient monies to pay the costs of all proceedings on the petition, the secretary-treasurer of the district shall cause notice of such petition to be published once in a newspaper published in the county where the office of the directors is situated. If any portion of said district or land lies within another county or counties then said notice shall be published in a newspaper published within each of said counties. The notice shall inform the public of:
D. The board at the time and place mentioned in the notice shall proceed to hear and consider any written comments which may have theretofore been filed by any person interested in said petition for reclassification, and arguments, if any, by persons interested, in support or opposition to the petition.
the board shall, by resolution, order that the petition be denied. The resolution shall be included in the minutes of the regular or special meeting of the board held for such purpose.
the board shall, by resolution, reclassify the lands mentioned in the petition or determine that some defined portion thereof be reclassified. The resolution shall be included in the minutes of the regular or special meeting of the board held for such purpose.
F. 1. When the reclassification of land is commenced by petition, the board to whom such petition is presented may require as a condition precedent to the granting of the same that the petitioners severally pay to the district such respective sums, as nearly as the same can be estimated by the board, as the petitioners or their grantors would have been required to pay for:
G. 1. Upon the reclassification of land in the district and if no protest has been filed with the board within thirty (30) days after the entry of said resolution as provided in subsection E of this section, a certified copy of the minutes of the board making such change, and a plat of such district showing such change, certified by the president or chairman and secretary-treasurer, shall be filed for record in the office of the county clerk of each county in which the lands of the district are situated. The district shall remain an irrigation district as fully to all intents and purposes as if the lands which were reclassified in the district had been included or excluded at the organization of the district. The district as so changed and all the lands therein shall be liable for all existing obligations and indebtedness of the organized district.
H. 1. Lands within the boundaries of the district may also be reclassified by resolution of the board. Notice of the resolution to reclassify shall be given in the same manner as if the reclassification were by petition of the landowners except that the district shall bear all costs of publication and of the proceedings. The board at the time and place mentioned in the notice shall proceed to hear and consider any written objections which may have theretofore been filed by any person interested in the reclassification, and arguments, if any, by persons interested in support or opposition to the resolution.
2. The board shall give the same consideration required by subsection E of this section for determining whether the lands specified in the resolution should be reclassified. If, after the proceeding provided by this section, the board determines that the lands specified in the resolution should be reclassified, the board shall adopt the resolution. The resolution shall be included in the minutes of any regular or special meeting of the directors held for such purpose.
I. In case of reclassification of any lands by proceedings under this section, the board shall, at least thirty (30) days prior to the next succeeding regular election, make an order redividing such district for the purpose of electing directors to ensure equality in land area and number of electors.
Credits
Laws 1992, c. 69, § 24, emerg. eff. April 13, 1992.
Footnotes
Title 82, § 277 et seq.
82 Okl. St. Ann. § 277.25, OK ST T. 82 § 277.25
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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