Private property rights received a strong boost when the Oklahoma State Supreme Court reversed a lower court decision and ruled municipalities cannot annex land without having a reasonable purpose.
The July 6 decision involved the case of local landowners versus the city of Seminole. Seminole wanted to “strip” annex an area 3 feet wide and 10 miles long to access property near I-40. The annexation would have increased the city’s municipal tax base without providing additional services within the strip area.
“We are pleased with the court’s decision because it demands municipalities look at the tangible value of property before annexing the land,” said Steve Kouplen, Oklahoma Agricultural Legal Foundation President.
The Foundation intervened in the case by providing testimony, filing a “friend of the court” brief and other valuable legal resources supporting the landowners.
“The Foundation’s support was critical to our winning this case,” said Sue Jarvis, Seminole County landowner.
Kouplen, a Beggs rancher, is also President of the Oklahoma Farm Bureau, the state’s largest farm organization. The Foundation was established by Oklahoma Farm Bureau in March, 2001 to promote the rights and freedoms of farmers and ranchers.
“Annexation reform has been a priority of ours for several years,” Kouplen said. “Municipal annexation continues to be a concern as we hear from landowners around the state struggling with this issue. This decision sets a new standard for municipalities when dealing with landowners.”
The court decision compliments legislation passed during the 2004 Legislative Session restricting municipal annexation. Senate Bill 851 exempts newly annexed agriculture land from municipal ordinances. Senate Bill 905 limits when a city can annex without the consent of adjacent landowners.
“The legislation and the court decision strengthen the rights of property owners when dealing with municipalities,” Kouplen said.
