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Council moves to vacate century‑old statutory section‑line right‑of‑way affecting multiple properties

Perry City Council · May 4, 2026
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Summary

Perry adopted Ordinance 2026-08 to close an original statutory section-line right-of-way that appears on the city plat and that was flagged during a title review for a property sale; staff said the council declared an emergency to clear title defects for at least 33 affected property owners, while ODOT-identified exceptions remain.

The Perry City Council voted to adopt Ordinance 2026-08 to close a statutory section-line right-of-way that dates to the city's original platting and which a title attorney flagged during the closing of 412 Grove Street. Council held a public hearing and the city attorney explained that the right-of-way was never opened or developed and that the closure is intended to clear title issues for at least 33 property owners whose deeds technically reference the line.

City legal staff said the city followed statutory notice procedures and notified utilities and affected property owners. Oklahoma Department of Transportation (ODOT) reviewed the proposal and identified a limited set of locations where the statutory right-of-way ties to state highway functions; those locations are explicitly excepted in the amended ordinance so the vacation will not impair any necessary highway-right-of-way. The legal process requires a subsequent judicial vacation; attorney staff will work with an outside counsel to file the necessary petition on behalf of affected owners if required.

Council declared an emergency as part of the ordinance adoption to expedite clearing the title issues. Staff emphasized that the change removes a century-old technical encumbrance (a right-of-way that runs through yards but was never used as a road) and will facilitate routine property transfers and sales going forward for the parcels named in the notice.

Next steps: staff and legal counsel will file the vacation petition and continue required notifications; council will monitor any ODOT follow-up in the excepted locations.