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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3971 By: Menz
AS INTRODUCED
An Act relating to the Oklahoma Turnpike Authority;
amending 69 O.S. 2021, Section 1705, as amended by
Section 572, Chapter 486, O.S.L. 2025 (69 O.S. Supp.
2025, Section 1705), which relates to the powers and
duties of the Oklahoma Turnpike Authority; removing
power of condemnation from Oklahoma Turnpike
Authority; amending 69 O.S. 2021, Section 1706, which
relates to grade separations; removing provisions
related to condemnation; amending 69 O.S. 2021,
Section 1707, which relates to the acquisition of
land and interest therein; removing ability of
Authority to acquire lands by condemnation; amending
69 O.S. 2021, Section 1722, which relates to
condemnation of railroad property or right-of-way;
removing ability of Authority to acquire certain
easements by condemnation; repealing 69 O.S. 2021,
Section 1708, which relates to condemnation
proceedings; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1705, as
amended by Section 572, Chapter 486, O.S.L. 2025 (69 O.S. Supp.
2025, Section 1705), is amended to read as follows:
Section 1705. The Oklahoma Turnpike Authority is hereby
authorized and empowered:
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(a) To adopt bylaws for the regulation of its affairs and
conduct of its business.
(b) To adopt an official seal and alter the same at pleasure.
(c) To maintain an office at such place or places within the
state as it may designate.
(d) To sue and be sued in contract, reverse condemnation,
equity, mandamus and similar actions in its own name, plead and be
impleaded; provided, that any and all actions at law or in equity
against the Authority shall be brought in the county in which the
principal office of the Authority shall be located, or in the county
of the residence of the plaintiff, or the county where the cause of
action arose. All privileges granted to the Authority and duties
enjoined upon the Authority by the provisions of Sections 1701
through 1734 of this title may be enforced in a court of competent
jurisdiction in an action in mandamus.
(e) To construct, maintain, repair and operate turnpike
projects and highways, with their access and connecting roads, at
such locations and on such routes as it shall determine to be
feasible and economically sound; provided, that until specifically
authorized by the Legislature, the Authority shall be authorized to
construct and operate toll turnpikes only at the following
locations:
(1) The Turner Turnpike between Oklahoma City and Tulsa.
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(2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma
City and Wichita Falls, Texas.
(3) The Northeastern (Will Rogers) Turnpike between Tulsa and
Joplin, Missouri.
(4) The Eastern (Indian Nation) Turnpike between Tulsa and
Paris, Texas, including all or any part thereof between McAlester
and the Red River south of Hugo.
(5) The Cimarron Turnpike between Tulsa and Interstate Highway
35 north of Perry, including a connection to Stillwater.
(6) The Muskogee Turnpike between Broken Arrow and Interstate
Highway 40 west of Webbers Falls.
(7) All or any part of an extension of the Muskogee Turnpike,
beginning at a point on Interstate Highway 40 near the present south
terminus of the Muskogee Turnpike, and extending in a southeasterly
direction on an alignment near Stigler, Poteau and Heavener to the
vicinity of the Arkansas State Line to furnish access to Hot
Springs, Texarkana, Shreveport and New Orleans.
(8) A tollgate on the Turner Turnpike in the vicinity of
Luther, Oklahoma, and in the vicinity of the intersection of State
Highway 33 and Turner Turnpike in Creek County, Oklahoma, or in the
vicinity of the intersection of State Highway 33 and Turner Turnpike
or U.S. Highway 66 in Creek County, Oklahoma, from any monies
available to the Authority.
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(9) Add on the Will Rogers Turnpike a northbound automatic
tollgate onto State Highway 28 and a southbound on-ramp from State
Highway 28.
(10) A turnpike or any part or parts thereof beginning in the
vicinity of Duncan extending east to the vicinity of the City of
Davis, and extending in a northeasterly direction, by way of the
vicinity of the City of Ada, to a connection in the vicinity of
Henryetta or in the vicinity of the intersection of State Highway 48
and Interstate 40; and a turnpike or any part or parts thereof from
the vicinity of Snyder extending north to the vicinity of Woodward.
(11) A turnpike or any part or parts thereof beginning at a
point in the vicinity of Ponca City, or at a point on the Kansas-
Oklahoma state boundary line east of the Arkansas River and west of
the point where Oklahoma State Highway No. 18 intersects said state
boundary line, and extending in a southeasterly direction to a
connection with the Tulsa Urban Expressway System in the general
area of the Port of Catoosa.
(12) All or any part of an Oklahoma City toll expressway system
connecting the residential, industrial and State Capitol Complex in
the north part of Oklahoma City with the residential, industrial and
Will Rogers World Airport Complex in the south and southwest parts
of Oklahoma City.
(13) A turnpike (The Industrial Parkway) or any part or parts
thereof beginning at a point on the Oklahoma-Kansas state boundary
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line between the point where U.S. Highway 66 intersects the boundary
line and the northeast corner of Oklahoma and ending by means of a
connection or connections with Shreveport, Louisiana, and Houston,
Texas, in southeastern Oklahoma and at no point to exceed thirty
(30) miles west of the Missouri or Arkansas border.
(14) A turnpike or any part or parts thereof beginning in the
vicinity of Velma or County Line to a point intersecting with
Interstate 35 in the area south of Davis.
(15) A turnpike or any part or parts thereof beginning in the
vicinity of Watonga and extending south and/or east to the vicinity
of north and/or west Oklahoma City.
(16) A tollgate on the Will Rogers Turnpike near the
intersection of State Highway 137 and the Will Rogers Turnpike,
located south of Quapaw.
(17) A tollgate on the Muskogee Turnpike in the vicinity of
Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the
vicinity of Adair, Oklahoma, a tollgate on the Turner Turnpike in
the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
Turnpike at Elgin, Oklahoma, from any monies available to the
Authority.
(18) A tollgate on the Turner Turnpike in the vicinity of
Wellston, Oklahoma, from any monies available to the Authority.
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(19) A tollgate on the Muskogee Turnpike in the vicinity of
Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove,
Oklahoma, from any monies available to the Authority.
(20) All or any part of an Oklahoma City Outer Loop expressway
system beginning in the vicinity of I-35 and the Turner Turnpike and
extending west into Canadian County and then south to I-40; and then
south and east to I-35 in the vicinity of Moore and Norman; and then
extending east and north to I-40 east of Tinker Field; and then
extending north to the Turner Turnpike to complete the Outer Loop.
(21) All or any part of the Tulsa south bypass expressway
system beginning in the vicinity of the Turner Turnpike near Sapulpa
and extending south and east to U.S. 75 in the vicinity of 96th
Street to 121st Street; and then east across the Arkansas River to a
connection with the Mingo Valley Expressway; and then south and/or
east to a point on the Tulsa-Wagoner County Line near 131st Street
south in the city of Broken Arrow.
(22) A new turnpike or any part thereof from near the west gate
of the Will Rogers Turnpike south to the west end of south Tulsa
Turnpike at the Tulsa-Wagoner County Line.
(23) A new turnpike or any parts thereof from the vicinity of
the connection between State Highway 33 and U.S. 69 easterly to the
Arkansas State Line.
(24) A four-lane extension of the Muskogee Turnpike from
Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.
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(25) A new turnpike or any part or parts thereof beginning at a
point in the vicinity of northwest Tulsa, and extending in a
northwesterly direction, by means of a connection or connections
with the cities of Pawhuska and Newkirk, to a point intersecting in
the vicinity of U.S. Highway No. 77 and the Kansas State Line.
(26) A full access interchange on the Indian Nation Turnpike
south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
in the vicinity of the proposed theme park, museum or an industrial
facility which qualifies for the Oklahoma Quality Jobs Program Act,
from any monies available to the Authority.
(27) A new turnpike beginning at a point directly west of the
Arkansas line and four-laning Highway 70 from that point to the
farthest western reach of Highway 70 creating a southern route
through Oklahoma.
(28) A new turnpike and bridge or any parts thereof from a
point in the vicinity of the city of Mustang southerly across the
South Canadian River to the H.E. Bailey Turnpike in the vicinity of
the city of Tuttle; and then easterly across the South Canadian
River to a point in the vicinity of the city of Norman.
(29) A new turnpike or any parts thereof beginning at a point
in the vicinity of the city of Altus and extending in a
northwesterly direction to a point in the vicinity of the city of
Sayre.
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(30) A new turnpike or any parts thereof beginning at a point
in the vicinity of the city of Enid and extending in a westerly
direction to a point in the vicinity of the city of Woodward.
(31) An on- and off-ramp or any parts thereof at Fletcher,
Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
intersection. Any existing on- or off-ramp or any parts thereof in
the vicinity of Fletcher, Oklahoma, shall not be removed and shall
be maintained pursuant to Section 1701 et seq. of this title.
(32) A new bridge crossing the Arkansas River between South
Delaware Avenue and Memorial Drive in Tulsa County. This project
shall commence upon a determination by the Oklahoma Transportation
Authority that such bridge shall be self-sufficient at some point
over a thirty-year time period from the toll charges associated with
the bridge project.
(33) An exit ramp or any parts thereof from the eastbound lane
of the Turner Turnpike at 96th Street in Tulsa.
(34) An on- and off-ramp or any parts thereof on the Cimarron
Turnpike in the vicinity of the northside of the Glencoe, Oklahoma,
municipal limits.
(35) A new turnpike or any parts thereof beginning at
Interstate 44 at or near its intersection with 49th West Avenue,
past State Highway 64/412, turning northeasterly, crossing 41st West
Avenue, and continuing eastward to the L.L. Tisdale Expressway in
Tulsa, Oklahoma.
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All access roads, interchanges, or lead roads connecting such
turnpikes with existing highways must be built by funds furnished by
the Authority.
The minimum and maximum wages for the construction of the roads,
highways and projects provided for in Sections 1701 through 1734 of
this title shall be in accordance with the schedules of wages used
or adopted by the Commission in construction of state highways.
The Authority is hereby authorized to enter into contracts or
agreements with agencies and instrumentalities of other states or
the national government for construction, maintenance and operation
of interstate turnpikes or highways.
The Authority is hereby required to construct and install
automatic tollgates on the Will Rogers Turnpike at State Highway No.
28 near Adair.
(f) To issue turnpike revenue bonds of the Authority, payable
solely from revenues, including the revenues accruing to the trust
fund created by Sections 1701 through 1734 of this title, for the
purpose of paying all or any part of the cost of any one or more
turnpike projects. Provided that any bonds issued for the
construction of the proposed turnpike referred to in subparagraphs
(10), (20), (21) and (22) of paragraph (e) of this section shall be
issued as one issue for all four of the proposed turnpikes and shall
be financed, constructed and operated under one bond indenture.
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(g) To fix and revise from time to time tolls for the use of
any turnpike projects.
Any common carrier having authority at the time of opening any
turnpike project to operate upon a highway approximately paralleling
the turnpike project shall be granted without further showing
authority to operate over the turnpike project to all municipalities
which such carrier is serving at the time the turnpike project is
opened to traffic. But nothing herein shall be construed as
granting any new operation rights to any common carriers.
(h) To acquire, hold, and dispose of real and personal property
in the exercise of its powers and the performance of its duties.
(i) To acquire in the name of the Authority by purchase or
otherwise on such terms and conditions and in such manner as it may
deem proper, or by exercise of the right of condemnation in manner
hereinafter provided, such public or private lands, including public
parks, playgrounds, or reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements, and interests,
as it may deem necessary for carrying out the provisions of Sections
1701 through 1734 of this title; provided, that all public property
damaged in carrying out the powers granted by Sections 1701 through
1734 of this title shall be restored or repaired and placed in its
original condition as nearly as practicable.
(j) To designate, except as is provided for herein, the
location, and establish, limit and control such points of ingress to
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and egress from each turnpike project as may be necessary or
desirable in the judgment of the Authority to insure the proper
operation and maintenance of such project, and to prohibit entrance
to such project from any point or points not so designated.
(k) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers, and to employ consulting engineers,
attorneys, accountants, construction and financial experts,
superintendents, managers, and such other employees and agents as
may be necessary in its judgment, and to fix their compensation;
provided, that all such expenses shall be payable solely from the
proceeds of turnpike revenue bonds issued under the provisions of
Sections 1701 through 1734 of this title or from revenues; provided,
further, no attorney employed by the Authority, nor any member of
any law firm of which the attorney may be connected, shall ever be
paid any fee or compensation for any special or extraordinary
services.
(l) To receive and accept from any federal agency grants for or
in aid of the construction of any turnpike project, provided, the
acceptance of such grants will not reduce the amount of federal aid
for the construction, repair, or maintenance of farm-to-market roads
and other highways and bridges in this state; and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value, to be held, used, and
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applied only for the purposes for which such grants and
contributions may be made.
(m) To adopt such rules, and to do any and all things necessary
to comply with rules, regulations, or requirements of the Bureau of
Public Roads, Multistate Economic Development Regional Commission,
as defined in Sections 1151 through 1153, inclusive, of Title 74 of
the Oklahoma Statutes, Ozarka Region Commission or any other federal
agency administering any law enacted by the Congress of the United
States to aid or encourage the construction of highways.
(n) To do all things necessary or convenient to carry out the
powers expressly granted in Sections 1701 through 1734 of this
title. The design standards for all paving shall comply with the
design standards of the American Association of State Highway and
Transportation Officials as modified by the Oklahoma Department of
Transportation. All contracts for construction work on turnpike
projects shall be let to the lowest responsible bidder, or bidders,
after notice by publication in a newspaper published in the county
where the work is to be done in two consecutive weekly issues of the
newspaper. In all cases where more than eight (8) miles of
construction is let at the same time and is not an advertisement for
a surface-treatment-only project, such advertisement shall provide
for bids on sections of the turnpike not to exceed eight (8) miles.
If the project advertised is a surface-treatment-only project of
more than twenty (20) miles of road, the advertisement shall provide
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for bids on sections of the road no longer than twenty (20) miles,
as well as bids on the project as a whole. Subject to the following
restrictions and limitations, the Authority shall, when contracting
for construction work, divide such work into paving projects, bridge
projects, including underpasses and overpasses, and earthmoving or
miscellaneous projects, according to the type of work to be done.
Each project shall be let under a separate contract or contracts and
no contract or project shall include more than one of such types of
construction work. Each contract for construction work shall
contain a provision that ninety percent (90%) of all labor employed
on the project shall be residents of Oklahoma. However, contracts
for bridges may include earthwork and structures for the approaches
thereto.
(o) It shall be unlawful for any member, officer or employee of
the Authority to transact with the Authority, either directly or
indirectly, any business for profit of such member, officer, or
employee; and any person, firm, or corporation knowingly
participating therein shall be equally liable for violation of this
provision.
The term "business for profit" shall include, but not be limited
to, the acceptance or payment of any fee, commission, gift, or
consideration to such member, officer, or employee.
Violation of this provision shall constitute a Class D1 felony
offense punishable by incarceration as provided for in subsections B
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through F of Section 20N of Title 21 of the Oklahoma Statutes, or a
fine of not less than Five Hundred Dollars ($500.00) and not more
than Five Thousand Dollars ($5,000.00), or both such imprisonment
and fine.
(p) In the event of a national emergency, the Authority,
subject to any vested rights or claims, may enter into contracts
with the federal government or any authorized agency thereof to
allow the federal government or agency thereof to use such turnpikes
partly or exclusively during the existence of such emergency,
provided, that the federal government agrees in such contract to
pay, during the term of such contract, an amount sufficient, when
added to any tolls collected, to meet all operating and maintenance
expenses, interest payments, and the minimum sinking fund and
reserve requirements of the trust agreement for the turnpike covered
by the contract.
(q) All meetings of the Authority shall be open public meetings,
and all records shall be public records, except when considering
personnel or litigation.
SECTION 2. AMENDATORY 69 O.S. 2021, Section 1706, is
amended to read as follows:
Section 1706. A. The Oklahoma Turnpike Authority may and it
shall be its duty to construct grade separations at intersections of
any turnpike project with state and federal highways, and to change
and adjust the lines and grades of such highways so as to
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accommodate the same to the design of such grade separation. The
Authority may construct grade separations at intersections of
turnpike projects with county highways and city streets and it shall
construct grade separations at intersections of any turnpike project
with county highways used as mail or school bus routes, or section
lines which are well used and are necessary for convenience of
people living in these areas. The cost of such grade separations
and any damage incurred in changing and adjusting the lines and
grades of such highways shall be ascertained and paid by the
Authority as a part of the cost of such turnpike project. Except
for routine surface maintenance, the Authority shall maintain the
structure and surface of bridges and overpasses where a county road
crosses over or under a turnpike.
B. If the Authority shall find it necessary to change the
location of any portion of any state or county highway or street of
a municipality, it shall cause the same to be reconstructed in
substantially the same type and in as good condition as the original
highway. Provided, however, that all changes and adjustments of the
lines and grades of state highways shall be subject to the approval
of the Transportation Commission. The cost of such reconstruction
and any damage incurred in changing the location of any such highway
or street shall be ascertained and paid by the Authority as a part
of the cost of such turnpike project.
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C. In addition to the foregoing powers, the Authority and its
authorized agents and employees may enter upon any lands, waters,
and premises in the state for the purpose of making surveys,
soundings, drillings, and examinations as it may deem necessary or
convenient for the purposes of establishing, locating, relocating,
constructing, and maintaining turnpikes or relocations thereof and
facilities necessary and incidental thereto. Such entry shall not
be deemed a trespass, nor shall an entry for such purpose be deemed
an entry under any condemnation proceedings which may be then
pending; however, notice shall be given to the owner of or person
residing on the premises, personally or by registered mail, at least
ten (10) days prior to such entry. The Authority shall make
reimbursement for any actual damages resulting to such lands,
waters, and premises as a result of such activities. In the event
of disagreement as to the amount of damage, either the person or the
Authority may file a petition with the district court for the
appointment of commissioners to appraise the damages and proceed to
have the same determined as in condemnation proceedings.
D. The State of Oklahoma hereby consents to the use of all
lands owned by it, including lands lying under water, which are
deemed by the Authority to be necessary for the construction or
operation of any turnpike project; and the State of Oklahoma shall
be paid reasonable compensation for the land or property used, such
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compensation to be determined in the manner now provided by law for
condemnation proceedings.
SECTION 3. AMENDATORY 69 O.S. 2021, Section 1707, is
amended to read as follows:
Section 1707. The Oklahoma Turnpike Authority is hereby
authorized and empowered to acquire by purchase, or condemnation,
land or such interest therein as in its discretion may be necessary
for the purpose of establishing, constructing, maintaining and
operating turnpike projects or relocation thereof, and facilities
necessary and incident thereto, or necessary in the restoration of
public or private property damaged or destroyed, including borrow
areas, detours, channel changes, concession areas, public or private
access roads, and deposits of rock, gravel, sand and other road
building material for use in turnpike construction and maintenance,
upon such terms and at such price as may be considered by it to be
reasonable and can be agreed upon between the Authority and the
owner thereof, and to take title thereto in the name of the
Authority, provided, that such right and title shall be limited to
the surface rights only and shall not include oil or other mineral
rights. Groundwater rights may be severed from surface rights, upon
the written request of the owner of land to be acquired; however, an
owner of groundwater rights shall not have a right of access to the
Authority's acquired surface rights. No person may construct,
maintain or operate any water well, drilling equipment or lines on
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or under the surface acquired by the Authority without express
written approval of the Authority.
SECTION 4. AMENDATORY 69 O.S. 2021, Section 1722, is
amended to read as follows:
Section 1722. A. The location and removal of all telephone,
telegraph, fiber optic, electric light and power transmission lines,
poles, cables, wires and conduits, sewers and all pipelines erected,
constructed or in place upon, across or under any turnpike shall be
under the control and supervision of the Oklahoma Turnpike
Authority, insofar as same affects the public travel or interferes
with the construction and maintenance of such turnpike. Whenever
the Authority plans a turnpike project or improvement or
construction or reconstruction thereof, and before such work is
started, it shall serve a written notice upon the person, firm, or
corporation owning or maintaining any such facility, which notice
shall contain a plan or chart indicating the places on the right-of-
way where such facilities may be maintained. The notice shall state
the time when the work of constructing or improving such turnpike is
proposed to commence, and a reasonable time shall be allowed to the
owner of the facility to remove and relocate its property; provided,
however, that the effect of any change ordered by the Authority
shall not be to exclude the facilities from the turnpike right-of-
way. The removal and relocation of all such facilities shall be
made at the cost and expense of the owners thereof, unless otherwise
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provided by law or the Authority, and in no event shall such
relocation result in a taking of the owner's property rights without
just compensation as provided in Section 1708 of this title. The
removal and relocation of all such facilities shall be made at the
cost and expense of the owners thereof, unless otherwise provided by
law or the Authority, and in the event of the failure of such owners
to remove the same at the time set out in the notice, the facilities
may be removed by the Authority and the cost thereof collected from
such owners, and the Authority shall not be liable in any way to any
person for the locating or relocating of such facilities at the
places prescribed. Any corporation or association, or the officers
or agents of such corporation or association, or any other person
who shall erect or maintain any such lines, poles, cables, wires and
conduits, sewers, pipelines, equipment or other facilities within
the right-of-way of any turnpike in a manner not in complete
accordance with the requirements of the Authority shall be deemed
guilty of a misdemeanor.
B. With respect to any railroad property or right-of-way, any
powers of condemnation may be exercised to acquire only an easement
interest therein which shall be located either sufficiently far
above or sufficiently far below the grade of any railroad track or
tracks upon such railroad property so that neither the proposed
project nor any part thereof, including any bridges, abutments,
columns, supporting structures and appurtenances, nor any traffic
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upon it shall interfere in any manner with the use, operation or
maintenance of the trains, tracks, works or appurtenances or other
property of the railroad nor endanger the movement of the trains or
traffic upon the tracks of the railroad. Prior to the institution
of condemnation proceedings for such easement over or under such
railroad property or right-of-way, plans and specifications of the
proposed project showing compliance with the above-mentioned above
or below grade requirements and showing sufficient and safe plans
and specifications for such overhead or undergrade structure and
appurtenance shall be submitted to the railroad for examination and
approval. If the railroad fails or refuses within thirty (30) days
to approve the plans and specifications so submitted, the matter
shall be submitted to the Corporation Commission whose decision,
arrived at after due consideration in accordance with its usual
procedure, shall be final as to the sufficiency and safety of such
plans and specifications and as to such elevations or distances
above or below the grade. Such overhead or undergrade structure and
appurtenances shall be constructed only in accordance with such
plans and specifications and in accordance with such elevations or
distances above or below the tracks so approved by the railroad or
the Corporation Commission as the case may be. A copy of the plans
and specifications approved by the railroad or the Corporation
Commission shall be filed as an exhibit with the petition for
condemnation.
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C. Rural water districts, nonprofit water corporations and
municipal public water systems in municipalities with a population
of ten thousand (10,000) or less, according to the latest Federal
Decennial Census, or their beneficial trusts shall be exempt from
the payment of the costs and expenses for the removal and relocation
of water and sewer pipelines and all such facilities constructed or
in place in the public right-of-way when the removal and relocation
of such facilities is necessary for the improvement, construction or
reconstruction of any turnpike. Such costs and expenses, including
any unpaid on the effective date of this act, shall be paid by the
public authority having jurisdiction over the particular turnpike.
SECTION 5. REPEALER 69 O.S. 2021, Section 1708, is
hereby repealed.
SECTION 6. This act shall become effective November 1, 2026.
60-2-14357 JBH 12/03/25