SECTION 165:32-1-10. Fences

(a)   A property owner owning land adjacent to a railroad track in the State of Oklahoma may make application for a lawful fence on a form provided by the Commission, which application shall include the following:

(1)   Signature of property owner.

(2)   General description of property, by Section, Township and Range, if possible.

(3)   Description of the property line or portion thereof to be fenced, including measurements or railroad mile pole locations, if known.

(4)   Statement as to whether all other sides of the property owned by the landowner are fenced and capable of retaining livestock.

(5)   Statement as to whether livestock is being raised on the property to be fenced, and if so, whether for commercial or personal purposes.

(6)   Attached to the application shall be a copy of written communication transmitted on behalf of the landowner to the railroad requesting the railroad to furnish the landowner a lawful fence.

(b)   No application for a lawful fence shall be filed with the Commission until forty-five (45) days have expired from the date of the written notice from the landowner to the railroad requesting a lawful fence.

(c)   When an accurate and complete application for a lawful fence has been received from a landowner, the Transportation Division shall provide a copy of the application to the affected Railroad's Manager accompanied by a letter requesting a lawful fence within sixty (60) days.

(d)   If the lawful fence is not completed when the sixty (60) day period expires, the Transportation Division may file an enforcement action for contempt of Commission rules and order the building of a lawful fence.

(e)   A landowner may request dismissal of the application for a lawful fence at any time.

[Source: Reserved at 12 Ok Reg 2107, eff 7-1-95; Added at 14 Ok Reg 2557, eff 7-1-97; Amended at 36 Ok Reg 618, eff 8-1-19]