It’s called a ‘Sham Provision’. The state code actually uses the term to refer to frivolous legal initiatives in our civil court system. the law allows a County Court Clerk to exercise personal and professional judgment to determine if a petition to the court is a waste of time, mockery of the court, or worse.But fear not, there are remedies to overcome the potential abuse of power. One is a ‘writ of mandamus’. And the clerk must present that demand for review to the judge.Don’t let the Latin words fool you. Lawyers use that stuff all the time to try to either impress or intimidate us. Mandamus means ‘we command’. We derive the word ‘mandate’ from that original root word.
§12-29. Clerks to file and preserve papers - Refusal to file sham legal process.A. It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding.
B. The court clerk may refuse to file any document presented for filing if the clerk believes that the document constitutes sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes.
C.1. Any person aggrieved by the refusal of a court clerk to file any document provided for in subsection A of this section may petition the district court for a writ of mandamus to compel the clerk to file the tendered document.
2. At the time of refusal, the person aggrieved shall file a notice of refusal with the court clerk for the purpose of tolling any applicable statute of limitations in the event the person prevails in any action so commenced, if the person wishes for the statute of limitations to be tolled. The refusal notice shall be submitted on a form provided by the court clerk, but must be filled out by the aggrieved party. A copy of the instrument that the clerk refused to file must be attached to the notice of refusal. The court clerk shall stamp the date of refusal on the notice of refusal.
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’.
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.
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.
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…
It's Still the Law, In Oklahoma
A chronicle of laws you still have to obey, in the Sooner State.