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Eternal Rights Of All Relatives To Visit A Grave On your Property

6/23/2022

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Cemeteries Can Stay Anywhere

6/22/2022

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  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.
R.L.1910, § 386.

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Force Your Neighbor To Pay For Half Your Fence

6/21/2022

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  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.
R.L. 1910, § 165.

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How To Be Appointed To The Office Of 'Fence Viewer'

6/20/2022

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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.

When any question arises between parties other than those stated, concerning their rights in fences or their duties in relation to building or maintaining or removing them, such question may be determined by the fence viewers.
R.L. 1910, § 169.

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The 'Bastard Prohibition' Act

6/19/2022

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  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.
Laws 1974, c. 297, § 1, operative July 1, 1974.
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Impotency & The 11 Other Legal Grounds For Divorce

6/18/2022

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  While your health insurance policy may not pay for that little purple pill, your marriage may depend on it.  It seems that a woman has legal grounds for divorcing her man if his medical condition results in a significant lack of ‘stamina’.

§43-101.  Grounds for divorce.

The district court may grant a divorce for any of the following causes:
  1. First.  Abandonment for one (1) year.
  2. Second.  Adultery.
  3. Third.  Impotency.
  4. Fourth.  When the wife at the time of her marriage was pregnant by another than her husband.
  5. Fifth.  Extreme cruelty.
  6. Sixth.  Fraudulent contract.
  7. Seventh.  Incompatibility.  Provided, however, where the interest of a child under eighteen (18) years of age is involved, the adult parties shall attend an educational program concerning the impact of divorce on children as provided in subsection B of Section 107.2 of this title.
  8. Eighth.  Habitual drunkenness.
  9. Ninth.  Gross neglect of duty.
  10. Tenth.  Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.
  11. Eleventh.  The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.
  12. Twelfth.  Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or inmate of a state institution for the insane in some other state for such period, or of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery; provided, that no divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of whom shall be a superintendent of the hospital or sanitarium for the insane in which the insane defendant is confined, and the other two to be appointed by the court before whom the action is pending, and any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant.  The court shall appoint a guardian ad litem to represent the insane defendant, which appointment shall be made at least ten (10) days before any decree is entered.
R.L. 1910, § 4962.  Amended by Laws 1947, p. 79, § 1, emerg. eff. Feb. 24, 1947; Laws 1953, p. 59, § 1; Laws 1955, p. 141, § 1, emerg. eff. March 3, 1955.  Renumbered from § 1271 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 2014, c. 428, § 1, eff. Nov. 1, 2014.
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Preachers Barred From Courthouse Soliciting

6/17/2022

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  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).

Laws 1941, p. 170, § 2.

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We All Can Initiate Eminent Domain Claims

6/16/2022

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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

6/15/2022

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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

6/14/2022

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[…]

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    It's Still the Law, In Oklahoma

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 SoonerPolitics.org is committed to informing & mobilizing conservative Oklahomans for civic reform & restored liberty. We seeks to utilize the efforts of all cooperative facets of the Conservative movement... Content of the diverse columns are solely at the discretion of the dozens of websites who create the content.   David Van Risseghem  is the founder of this platform.
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