(405) 340-1900

Although not everyone agrees, and for better or worse, the government regulates a significant part of how you can use your land and what you can use it for, whether it is for your business (e.g., where customers can park, hours of operation, advertising) or your home (e.g., type of fence, drainage system).

However, what happens when the government seeks to use the system not as a shield to protect the peace and dignity of the neighborhood and community but, instead, as a sword? In such a situation, it is important to understand what the law is and how it applies. In Oklahoma, there are numerous legal regimes that govern (and often overlap) how land can be used. For example, if you live in in Oklahoma City, then the municipal code of Oklahoma City will govern (although not completely) what you can or cannot do. If you live outside of Elk City, there is debate as to what law applies to how land can be used.

Generally speaking, the law of any locality will be governed by state law, which is set forth at Title 11 of the Oklahoma Statutes. However, the application of that law and its interplay with municipal law is what is important, and while there are a number of ways a landowner can get caught up in the law, there are just as many, if not more, ways for the government to fall afoul of it as well. For example, the government, whether it is the city, state, or even homeowner’s association, must give notice before taking action. Failing to do so will oftentimes subject the government to not only having their purported action vitiated, but additionally subject the government to a lawsuit.