Okla. Admin. Code § 385:25-1-13

Current through Vol. 42, No. 4, November 1, 2024

Section 385:25-1-13 - Improvements on agricultural and short term commercial leases

(a)Consent. No improvements shall be placed upon School Land without written consent of the Commissioners.

(b)Compliance with law. Any improvements placed on School Land not in compliance with Commission rules or Oklahoma Statutes shall be deemed to become the property of trust fund to which the land belongs.

(c)Authorization. The Secretary is authorized to approve in writing, on behalf of the Commissioners of the Land Office, consent for a lessee to place improvements on School Land when the lessee has agreed in writing to remove said improvements at end of his tenure; provided, removal will not cause injury to the land.

(d)Conservation work. The Secretary is authorized to approve in writing, on behalf of the Commissioners of the Land Office, consent for a lessee to perform conservation work at his own expense when such practice will improve the land and is supported by a recommendation of a Real Estate Management Specialist. The lessee will not acquire any interest in terraces, ponds, wells, trees, or any similar improvement which cannot be removed without manifest injury to the land.

(e)Claim of ownership. The Commissioners of the Land Office assert no ownership of improvements placed at lessees expense upon School Land and which were placed thereon in compliance with Commission policy and rules, and not in violation of Oklahoma Statutes (64 O.S. § 1059 or 60 O.S. § 334 ), existing and in effect at the time such improvements were placed on the land, and which can be removed without manifest injury to the land.

(f)Statute.The Commissioners of the Land Office will continue to comply with 60 O.S. § 334: When a person affixes his property to the land of another without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land, unless he chooses to require or permit the former to remove it: Provided, that a tenant may remove from the demised premises at any time during the continuance of his term any thing affixed thereto for purpose of trade, manufacture, ornament or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises.

Okla. Admin. Code § 385:25-1-13

Amended at 16 Ok Reg 1451, eff 5-27-99; Amended at 29 Ok Reg 1306, eff 6-25-12