Land Access Rights in Oklahoma

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    Private Limited Liability

    • Protected by a statewide policy of limited liability, Oklahoma landowners are encouraged by the state to make land available to the public for recreation. Section 76 Okl.St.Ann. 10.1 of the state code specifically defines the many activities that count as recreation and clearly state that property owners opening their land for others are protected from being sued if injury should occur, including those that result from acts of omission. The level of private limited liability protection in Oklahoma is greater than that in other states.

    Tenant and Owner Relationship

    • While specific situations are defined under Oklahoma state code, generally speaking an owner has access to his or her land at any time when it is being rented out, but the tenants have the right to privacy and can thus refuse entry into buildings when not given prior notice.

    Easement Statutes

    • Seizing land under eminent domain rules by either individuals or the state comes under easement statutes. Easement laws in Oklahoma allow the state to set aside portions of private land for public use if that land can be easily accessed from common areas such as roads. Easements also allow right of use of land through implied necessity. An example of this would be if hunters called for an ambulance due to injury or accident. In that situation the ambulance does not need the owner's permission to access the land since implied easement is granted.

    Hunting and Fishing

    • Many localities in Oklahoma demand further licensing or collect fees to give access to certain areas for hunting or fishing. As of 2011 some areas requiring additional land access permits include Honobia Creek, Three Rivers and Blue River. Access to public lands where fishing or hunting are allowed requires a state license during the appropriate seasons. Even during hunting or fishing seasons, access to private land still requires permission of the owner.

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