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We All Can Initiate Eminent Domain Claims

5/25/2022

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   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.

Any person, agency or other entity acquiring real property for public use under the laws of this state shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner for expenses he necessarily incurred… 
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Liquor Banned Within Half A Mile of Polling Places

5/24/2022

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 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.

Laws 1974, c. 153, § 16-112, operative Jan. 1, 1975.


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We Dont Put Up With Kiss'n Cousins

5/23/2022

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[…]

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Oklahoma Has An Official Militia

5/22/2022

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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.

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.

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The Insurrection Counties & Their Sympathizers

5/21/2022

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[…]

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Criminal Asset Forfeiture Is Generally Prohibited

5/20/2022

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Criminal Asset Forfeiture Is Generally Prohibited

  Even when crimes have been committed and guilt has been established, Asset Forfeiture is generally illegal, in Oklahoma.

   Our first legal code was established in 1910. And unless a specific crime has a stated statutory penalty of the loss of property used in that crime or gained through the illegal activity; there is to be a protection of property rights for the convicted individual. Treason is the one exception stated in this matter.

§21-68. Conviction does not work forfeiture.

No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

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Four Legal Ways to Be A Bigamist In Oklahoma

5/19/2022

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Four Legal Ways to Be A Bigamist, In Oklahoma

  Bigamy remains illegal in Oklahoma. That’s no surprise. But there are 4 situations where the bigamist will not be prosecuted.

  1. Any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
  2. Any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
  3. Any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
  4. Any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

§21-881. Bigamy defined.

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.

R.L.1910, § 2439.

§21-882. Exceptions to the rule of bigamy.

The last preceding section does not extend:

1. To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,

2. To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,

3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,

4. To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

R.L.1910, § 2440.

§21-883. Bigamy a felony.

Any person guilty of bigamy shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years.

R.L. 1910, § 2441. Amended by Laws 1997, c. 133, § 260, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 164, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 260 from July 1, 1998, to July 1, 1999.

§21-884. Person marrying bigamist.

Any person who knowingly marries the husband or wife of another, in any case in which such husband or wife would be punishable according to the foregoing provisions, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

R.L. 1910, § 2442. Amended by Laws 1997, c. 133, § 261, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 165, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 261 from July 1, 1998, to July 1, 1999.

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Adultery Is A Felony In Oklahoma

5/18/2022

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Adultery Is A Felony In Oklahoma

Perhaps the least prosecuted felony in Oklahoma’s history is Adultery. Yet the state has, since 1910, insisted that the crime needs to stay in the statutory code. they even amended it in 1999.§21-871.  Adultery defined - Who may institute prosecution. Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife as the case may be, or by the husband or wife of the other party to the crime: Provided, that any person may make complaint when persons are living together in open and notorious adultery.R.L.1910, § 2431.§21-872.  Punishment for adultery. Any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five (5) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment. R.L. 1910, § 2432.  Amended by Laws 1997, c. 133, § 259, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 163, eff. July 1, 1999.NOTE:  Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 259 from July 1, 1998, to July 1, 1999.
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Deathbed Wills Are Admissible In Probate Court Even Without A Notary

5/17/2022

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  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.

An olographic will may be proved in the same manner that other private writings are proved.
R.L.1910, § 6209.

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Welfare Agencies Are A County Govt. Matter

5/16/2022

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[…]

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    It's Still the Law, In Oklahoma

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