Section Line Roads 2, Oklahoma

I can't speak for Oklahoma, but, in Kansas it could be a little bit of anything. It could be anything from 66 to 60 to 55 to 50 to 49.5 to 45 to 40 to 33 to 30 to something like that in total but with different widths on either side of the section line, including all on one side. It could also be whatever it happens to be at any given point along the way as there is no road record to legitimize the road's creation. Prescriptive easement or whatever fancy legal term you prefer.

Historically, public roads have been established on section lines. In the Constitution, the State accepted all reservations and lands for public highways under any grant, agreement, treaty or Act of Congress. Okla. Const. art. 16, § 2. By Act of Congress of May 7, 1890, all land two rods in width on each side of all section lines was reserved for highway purposes. This was a Federal law and was established before statehood.

Okla. Const., Article XVI, Section 2 is an acceptance by the State of Oklahoma of all reservations and land for highways made under the several acts of Congress reserving right-of-way for public highways along section lines in various parts of the State. See 23 of the Organic Act, Act of May 2, 1890, c. 182, 23, 26 Stat. 92 and the Osage Allotment Act of 1906, 34 Stat. Sess. I, Ch. 3572, 10, e.g. See also Oldfield v. Donelson, Okl.,565 P.2d 37 (1977); City of Blackwell v. Newkirk, 31 Okl. 304, 121 P. 260, Ann. Cas. 1913E, 441 (1912); Mills v. Glasscock, 26 Okl. 123, 110 P. 377 (1910).

Oklahoma has 33' 49.5', 66' and 0'. 0' if the section line has been closed, 66' in Oklahoma Territory, and 33' and 49.5' in the Indian Nations.

Section Line Road widths in OK

> Hello Surveyors,
>
> This one is bugging me....
>
> The right-of-way for a Section Line Road can be?
>
> A 66 feet
> B 33 feet
> C 0 Feet
> D All of the Above
>
> I answered D given that the ability to create a Section Line Road was provided for by statute. If the section line was closed, not open but a road existed there than there would be 0 r/w. Another statute calls out 2 rods width, 33 feet and my experience tells me 66 feet.... I may be completely wrong but this is driving me nuts. Can someone please clear this up?
>
> Your input would be appreciated,
>
> rlshound

Western Oklahoma(Oklahoma Territory) is 66', 33' on each side of the section line.

Eastern Oklahoma(Indian Territory) is part 49.5'(3 Rods), 33'(2 rods) & up in the very NE corner, no defined statutory Right-of-Way.

D was the correct answer.

I know where you were on friday afternoon;-)

> I know where you were on friday afternoon;-)

I would bet money that you were also there R.A.
B-)

The nondisclosure agreement was just the first two sections, right? I don't remember anything on the third section.

I answered the same thing and looked it up when I got to my car. From the statutory road width map I think we both got it correct.

yep I was there.

I had Austin proctor it for me 21 years ago. Got my wall certificate, etc., in February.

B-)

Morning Holy Cow,

Thanks for getting back to me....I'm familiar with the r/w your describing, this was more focused on a question rather than a concept. Thanks for getting back to me.

rlshound

Hello RADAR,

Thanks for getting back to me, great background , I'll look into that, Thanks

rlshound

Thanks Troy,

I was hoping that was the case...another egg!

rlshound

Thanks Norman,

I remember seeing this now, I couldn't then.

rlshound

Thanks Stephen,

I thought that was the case...

rlshound

Hello RA,

Yup, I was there for all the fun, might of got it, you?

rlshound

Hello Thomas,

I've been going over alot of those questions, especially that one because of the word can ....have a good one.

rlshound

Andy,

disclosure as it applies to the test?

rlshound