§ 82-573 — Bridges or other structures - Changes - Notice - Damages -

Appeal. Whenever the official plan requires the building, modification, removal, or rebuilding of any bridge, grade, aqueduct, or other construction, and a hearing upon the report of the appraisers has been had and a final order issued by the court for appraisals and assessments affecting such construction, the owner of said bridge, grade, aqueduct or other structure shall be bound to make such changes or adjustments within the time specified in the official plan, or within the time directed by the court, which time shall be a reasonable one under all circumstances. In case such changes or adjustments are not made, the board of directors may make such adjustments or removals. If the change or improvement of a natural water course is made necessary by the insufficiency of the bridge or other structure to permit the water of the stream to pass through it in time of high water, the work of altering or removing said bridge or other structure shall be at the expense of the owner. Before the removal or modification of any works outlined in this section, the board of directors shall give thirty (30) days' notice to the owner of such bridge or such construction that the same be adapted to the plans. In case the owner of any bridge or other structure shall object to the modification or removal of such bridge or other structure on the ground that the cost of the modification will be greater than the benefits resulting from such removal, a hearing shall be had before the district court having the original case, and if such contention is sustained, such modification or removal shall not be required. If said building, modification or removal, or rebuilding of any bridge, aqueduct or other construction causes damage to the owner or owners thereof, which damages are required under this act to be paid by the conservancy district, the owner or owners thereof shall not be required to make any changes or alterations until the damages have been paid them by the district. The board of directors of any district organized under this law shall have full power and authority to improve in alignment, section, grade or in any other manner any watercourse, and they may require the removal, widening, lengthening, deepening, raising or other change of any public or private road bridge, or railroad bridge, or any aqueduct, or telephone, telegraph, gas, oil, sewer, water or other pipelines or any other construction over, along, across, under or through such watercourse. In case such change is made necessary in any such structure by the failure of such bridge or other structure to permit the free flow of the water in such stream in time of flood, then the owner of any such construction shall make such change, without cost to the district, or without any claim for damages against the district, except that the district shall pay the cost of excavating the earth for the enlargement of any channel where such excavation or filing is required as a part of plans of the district in making the changes outlined in this section, but the district shall not be required to make such fill or excavation unless it would be necessary to the plans of the district if the bridge or other construction did not exist; provided, however, that the board of directors shall not exercise any of the duties mentioned herein, without first publishing a notice in the county affected, for at least thirty (30) days before the contemplated action is taken and any interested taxpayer may appeal from the decision of the board and the district court that had original jurisdiction of the matter, which appeal shall be lodged by filing a motion in the court of the appellant and any order of the said district court may be appealed from to the Supreme Court of the State of Oklahoma.

Legislative History

Laws 1923-24, c. 139, p. 172, § 21; Laws 1927, c. 70, p. 97, § 10.