§ 11-32-116. Easements on streets and alleys for parking stations - Lease of parking stations by municipality.

A.  For the purposes of this article, the right of public use and of the enjoyment of the streets and alleys within any municipality, heretofore or hereafter dedicated or otherwise established, is hereby declared to constitute an easement on the land upon which the streets and alleys are located.  Such easement is hereby vested in the State of Oklahoma with all incidents of ownership thereof, except as provided in subsection B of this section; provided, that the management of such easements located within any municipality is hereby delegated to the municipality except insofar as the management of the easements has been, or hereafter shall be expressly restricted by law.  The proprietary right in the easements and the management thereof shall not operate to alter, impair or divest in any manner whatsoever the state or any of its political subdivisions to the extent of any delegation by the state of the governmental control and regulation of the use and enjoyment of streets and alleys as thoroughfares.

B.  All improvements made to any street or alley and all maintenance and repair thereof shall be effected solely pursuant to the governmental control and regulation of the streets and alleys as thoroughfares; and the ownership and management of the easements described herein as such shall not include the right of improvement or maintenance of the easements.

C.  For the purpose of expediting traffic and the use and enjoyment by the public of the easements described herein for throughfares, each municipality to which management thereof is delegated may prohibit parking or may designate specific portions of the easements for limited use for vehicle parking; may prescribe the limitations of such use for specified periods of time; may fix and collect a fee or charge for such limited and special use by vehicle operators, which fee or charge may be required to be paid in advance for each specified period of time; may lease designated portions of the easements for the operation of limited vehicle parking thereon upon the condition that the lessee under any such lease shall make no greater charges for vehicle parking on the leased portion or different periods of parking use than shall be specified in the lease.  Each municipality, by ordinance, may protect any self-operated or leased parking stations or any portions of the easements designated for prohibited or limited vehicular parking from unauthorized trespass, may penalize violations, and authorize the removal and impoundment and sale for costs of removal and penalties of any trespassing vehicle.  All revenues derived from fees and charges by any municipality and all lease rentals from the leasing of the easements shall be received by the municipality as compensation for its management of the easements.

D.  Any lease made pursuant to this article shall constitute an enforceable contract between the respective municipality and its lessee, and shall not be impaired by any action of the municipality during its effective term.  Nothing herein appearing to the contrary shall imply any surrender, divestiture, limitation or impairment of any lawful governmental power of the state or any of its political subdivisions in relation to any subject whatsoever.

Laws 1977, c. 256, § 32-116, eff. July 1, 1978.