It's Still the Law, In Oklahoma

 It’s quite plausible that most Oklahoma polling places are opened within half a mile of some retail beer sales. A restaurant, night club, convenience store, grocer, or liquor store; are all granted licenses to freely sell on election days. But both the retail clerk and the patron are immediately committing criminal acts if a polling place is within half a mile (as the crow flies).

I guess it’s yet another way in which opioids and cannabis are regarded more favorably than a can of beer, in the Sooner State? Even driving home from the grocery store and coming within 2640 ft. of a polling place could trigger your arrest?

§26-16-112.  Intoxicating liquors.

Any person who takes intoxicating liquors of any kind or quantity to within one-half (½) mile of any polling place on an election day shall be deemed guilty of a misdemeanor.

When property owners have a dispute regarding a common fence on a property line, Oklahoma law provides for the creation of a tribunal of 3 ‘Fence Viewers’.  This office has official powers and state sanctioning.

  Here is the statutory code regarding the authority and make up of the Fence Viewers.

§4-139.  Controversy over partition fence - Application to fence viewers - Notice - Authority of viewers.

When a controversy arises between the respective owners about the obligation to erect or maintain a partition fence, either party may apply to the fence viewers, who, after due notice to each party, may inquire into the matter and assign to each his share thereof, and direct the time in which each shall erect or repair his share in the manner provided above.

R.L. 1910, § 157.

§4-139.  Controversy over partition fence - Application to fence viewers - Notice - Authority of viewers.

When a controversy arises between the respective owners about the obligation to erect or maintain a partition fence, either party may apply to the fence viewers, who, after due notice to each party, may inquire into the matter and assign to each his share thereof, and direct the time in which each shall erect or repair his share in the manner provided above.

R.L. 1910, § 157.

§4-151.  Additional powers of fence viewers.

  Whenever a cemetery is designated by an entity bearing title to the land, up to 80 acres can be claimed as burial grounds. Those grounds cannot be disturbed by any eminent domain actions. Roads planned for that thoroughfare will have to go around the tract of land designated as a burial ground.

§8-7.  Exemptions.

All the property of every such benevolent corporation, and the lots sold by it to individual proprietors, shall be exempt from taxation, assessment, lien, attachment, and from levy and sale upon execution; and all such real property shall be exempt from appropriation for streets, roads, or any other public uses or purposes.

  If you were born after July 1, 1974, it is illegal for anyone to call you ‘illegitimate’ or ‘bastard’. the state legislature says that free speech rights do not extend to the freedom to describe a person pertaining to their lineage using those to terms.

§10-6.5.  Use of certain words in reference to children born out of wedlock prohibited.

A.  On and after the date upon which this act becomes operative, the designations “illegitimate” or “bastard” shall not be used to designate a child born out of wedlock.

B.  No person, firm, corporation, agency, organization, the State of Oklahoma nor any of its agencies, boards, commission officers or political subdivisions, nor any hospital, nor any institution supported by public funds, nor any employee of any of the above, shall use the term “illegitimate” or “bastard” in referring to or designating any child born on or after the operative date of this act.

  Either judges don’t want the competition, or they just don’t want to make weddings that convenient. For whatever the reason, you’ll have to go find an officiant off the courthouse grounds.

§43-16.  Soliciting in or near court house or grounds prohibited.

It shall be unlawful for any person to solicit directly or indirectly within any courthouse, premises or grounds or lots on which a courthouse may be located in any county within the State of Oklahoma for himself or for and on behalf of any minister of the Gospel or other person, the performance of a marriage ceremony. Laws 1941, p. 169, § 1.

§43-17.  Punishment for violations.

Any person violating this act shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed Twenty-five Dollars ($25.00) for the first conviction, and for any second or subsequent conviction by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

  There are a lot of  ways a city official can get removed from office. Just missing half the meetings in a 4-month span is one such trigger.

§11-8-107.  Removal of officers.

  A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby.

Laws 1977, c. 256, § 8-107, eff. July 1, 1978.

§11-8-108.  Absence from governing body meetings.

  Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

  In many neighborhoods, property owners often assume they have no obligation to pay for a fence they didn’t ask for. But the law says otherwise. In most situations, the only way to avoid paying for half the fencing costs is to declare your own abutting property as ‘common’ and allowing any and all public activities to take place on your property.

§4-142.  Fence repair.

  All partition fences shall be kept in good repair throughout the year, unless the owners on both sides otherwise agree in writing.

R.L. 1910, § 160.

§4-143.  Commons - Owners not required to fence - Lands enclosed or used otherwise than as commons - Duty to fence.

  Any person not wishing his land enclosed, and not occupying or using it otherwise than as commons, shall not be compelled to contribute to erect or maintain any fence between him and an adjacent owner; but when he encloses or uses his land otherwise than as a commons, he shall contribute to the partition fences as in this article provided. R.L. 1910, § 161.

§4-146.  Joinder to partition fence - Payment for or rebuilding of half of fence.

  When land which has lain unenclosed is enclosed the owner thereof, before he join to any partition fence, already erected, shall pay for one-half (½) of each partition fence between his lands and the adjoining lands, the value to be ascertained by the fence viewers, and if he neglects for thirty (30) days after notice and demand to pay the same, the party to whose fence he joins may recover as before provided, or such person, enclosing such land, may, at his election, rebuild and make one-half (½) of the fence, and if he neglects so to do for two (2) months after making such election, he shall be liable as above provided.

R.L. 1910, § 164.

§4-147.  Recorded fence division - Effect on owners and successors.

  When a division of fence between the owners of improved land shall have been made, either by fence viewers or agreement in writing, and is recorded in the office of the county clerk of the county where the lands are, the owners and their heirs and assigns shall be bound thereby, and shall support them accordingly.

 Shortly after World War One, the state legislature saw the need for each county to develop a comprehensive plan to respond to the crisis of orphaned & neglected children.

  This was in  a time when social welfare was seen as a county issue, rather than a state matter.

§10-131.  Powers of county commissioners - Commitment of children to other institutions, associations or corporations.

  The county commissioners of any county of this state having a population of not less than seventy-five thousand (75,000) persons, according to the last Decennial Federal Census, or any Decennial Federal Census hereafter taken, are hereby authorized and empowered, if they deem it necessary or expedient, to purchase a farm and to construct, establish, equip and maintain thereon, at the expense of the county, county supervised schools and homes for neglected and dependent boys and girls of such county, under the age of sixteen (16) years, who may be appointed to such schools by the district court of such county, and to make enlargements and additions thereto from time to time.  Such commissioners shall also have power to purchase farm equipment to be used in connection with such schools, to purchase materials, supplies and equipment for manual, vocational or other training or education, and to erect, enlarge, remodel, and repair such building, dormitories, residences, administration and school buildings, and barns and outbuildings as they may from time to time deem necessary or expedient.

  Oklahoma law allows for a will to be presented in probate even if it was not drawn up by an attorney. It doesn’t even require a notary. There is, however; a method of proving the veracity of the written & signed statement, in order to stand up in court.

  Dictionaries refer to this type of will as Olographic, or Holographic.

Olographic Will

The Louisiana term for what other states call a holographic will. This is a will that is entirely handwritten, signed, and dated by the person making it. It does not need to be notarized or witnessed.

§58-31.  Olographic will, how proved.

Oklahoma Has An Official Militia, You’re Probably In It!

  The term ‘militia’ has historically been a term referring to the armed forces within a colony, territory, or state. George Washington was an officer of the Virginia militia several years prior to the American Revolution.

  This tradition lives on, today. Oklahoma has three classes of militia. Every one of these three is officially recognized by the constitution of the state. Men and women between the ages of 17-70 who are or intend to be citizens of Oklahoma, are included in the ‘unorganized militia’.

§44-41. Composition of Militia - Classes.

The Militia of the State of Oklahoma shall consist of all able-bodied citizens of the United States and all other able-bodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes: The National Guard, the Oklahoma State Guard, and the Unorganized Militia.

Laws 1951, p. 115, art. 3, § 1, eff. May 16, 1951; Laws 1957, p. 422, § 1, eff. May 24, 1957; Laws 1968, c. 299, § 1, emerg. eff. May 3, 1968; Laws 1981, c. 136, § 1; Laws 1985, c. 96, § 1, eff. Nov. 1, 1985.

§44-41. Composition of Militia - Classes.

The Militia of the State of Oklahoma shall consist of all able-bodied citizens of the United States and all other able-bodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes: The National Guard, the Oklahoma State Guard, and the Unorganized Militia.

  Our state code subjects the municipal governments to the same initiative petition process that is a cornerstone of our state’s constitution. The initiative petition process is binding and effective to change the way city government operates, and even organizes.

§11-15-101.  Initiative and Referendum - Powers.

  The powers of initiative and referendum, reserved by the Oklahoma Constitution to the people, are reserved to the people of every municipal corporation with reference to all legislative authority which it may exercise and amendments to municipal charters.

Laws 1977, c. 256, § 15-101, eff. July 1, 1978.

§11-15-102.  Procedure for initiative and referendum in municipalities.

  The procedure in municipalities which do not provide by ordinance or charter for the manner of exercising the initiative and referendum powers shall be governed by the Oklahoma Constitution and general state law, except as otherwise provided in Sections 15-101 through 15-110 of this title.  The duties required of the Governor by state law shall be performed by the mayor; the duties of the Secretary of State shall be performed by the municipal clerk; and the duties of the Attorney General shall be performed by the attorney for the municipality.  The procedure for initiative and referendum as to municipal legislation shall be as nearly as practicable the same as those for measures relating to the people of the state at large.

Laws 1977, c. 256, § 15-102, eff. July 1, 1978.

§11-15-103.  Petition - Form - Signatures - Time for filing.

A.  The form of the petition for either initiative or referendum in a municipality shall be substantially as provided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes.  A true copy of each measure proposed by initiative and referendum shall be filed with the clerk of the municipality before it is circulated and signed by the registered voters.

B.  Every petition for either the initiative or referendum shall be signed by a number of the registered voters residing in the municipality equal to at least twenty-five percent (25%) of the total number of votes cast at the preceding general election or biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act.  The signatures to each petition shall be verified in the manner provided by law.

C.  Signed copies of an initiative petition shall be submitted to the clerk within ninety (90) days after the initial filing of the measure with the clerk.  Signed copies of a petition invoking a referendum upon any ordinance or resolution shall be submitted to the clerk within sixty (60) days after the passage of the ordinance or resolution.  Amendments to municipal charters may be proposed by an initiative petition, and signed copies of such petition shall be submitted to the clerk not less than sixty (60) days before the election at which the amendments are to be voted upon.

   In Oklahoma any private person or corporate interest can seek to initiate an eminent domain action. While utilities and mass transit are more likely to seek these powers to remove others; our state statutes allow anyone to make a case for why it is an essential improvement in the public interest of the whole. This doesn’t mean any petition will be granted, but it does mean everyone is supposed to be on a ‘level playing field’.

§27-6.  Private person or corporation - Eminent domain by.

Any private person, firm or corporation shall have power to exercise the right of eminent domain in like manner as railroad companies for private ways of necessity or for agriculture, mining and sanitary purposes.

R.L. 1910, § 3189.

§27-9.  Application.

The provisions of this act shall be applicable to the acquisition of real property under the laws of this state for public use in any project or program in which federal, state or local funds are used.

Laws 1971, c. 355, § 1, eff. July 1, 1972.

§27-10.  Reimbursement of owner for expenses after acquisition.