§ 64-1085. State lands - Contracts for use - Damages.

When the United States of America, acting through the Secretary of the Interior or his duly authorized representative, or acting through the Secretary of War or his duly authorized representative, or when any irrigation district, conservancy district or water users' association, organized under the laws of this state, acting by or through its board of directors, determines that the fee simple title or any lesser estate, interest, right or easement in and to any lands owned by the State of Oklahoma, including lands under the control and management of the Commissioners of the Land Office, except land acquired by the state through and by reason of grants to the state as made by the terms of the Enabling Act, is necessary or convenient for the construction, development, operation or maintenance of any irrigation, reclamation, water conservation and utilization, flood control, military or national defense project, needful public buildings, or for any other public use or purpose, or determines that the construction, development, operation or maintenance of any such project will result in the destruction, alteration, damaging or appropriation of any such lands, or any facility, structure, easement or right of the State of Oklahoma, the United States of America, or the irrigation district, conservancy district or water users' association, as the case may be, engaged in the construction, operation, development or maintenance of any such project, may file a certificate of such determination and a written application for the acquisition of the title to any such land, or any lesser estate, right, interest or easement therein or thereto, or the right to destroy, alter, damage or appropriate any existing facility, easement or right of the state, with the board, commission, officer, or agency of the State of Oklahoma, having the management or control of such state-owned lands, easements, rights or facilities.  Upon the filing of such certificate and request the board, officer, commission or agency having control or management of such land, easement, right or facility shall, with the consent and approval of the Governor, be authorized and empowered:

1.  To enter into contracts for sale and conveyance of, and to sell at private sale, the fee simple title or any lesser estate, right, interest or easement in and to or upon any such state-owned land to such applicant upon such terms and conditions and for such consideration as such board, commission, officer or agency may deem proper.

2.  To enter into contracts and agreements to convey to such applicant the fee simple title or any lesser estate, right or easement in and to or upon any state-owned lands in exchange for other like lands or property.

3.  To enter into contracts and agreements granting to the applicant the right to destroy, alter, damage or appropriate any right, easement or facility owned by the State of Oklahoma, upon such terms and conditions and for such consideration as such board, officer or agency may deem proper.

4.  To execute any and all contracts, deeds and instruments of conveyance, of every kind or character, which may be proper, necessary or convenient in the exercise of the powers herein conferred and to carry out or fulfill the intent and purpose of this act.

Added by Laws 1941, p. 305, § 1, emerg. eff. Feb. 28, 1941.  Renumbered from § 421 of this title by Laws 2010, c. 41, § 137, emerg. eff. April 2, 2010.