All,

The City of Perkins just found out that a local landowner/developer deeded a strip of land it doesn't want to mow to the City.  The deed was never presented to, or accepted by, the City.  However, the Payne County Clerk's position is that "anyone can convey land to anyone."  That office basically records everything presented to it.

I expected to find a state statute (or something) that provides that conveyances are not effective if not accepted by political subdivisions, or something like that.  All I could find was the sham filing provisions of 16 OS 75.  I'm sure other landowners have tried this with other cities.  Am I missing something?  If the only remedy is to file a notice under the sham filing provision, do you have a form and/or procedure you have used for that?

Thanks for sharing your knowledge and wisdom.

Tammy

[cid:image001.jpg@01DB31EE.A2C49010]
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC

Phone: (918) 752-9550
Email: tammy@ewing.legalmailto:tammy@ewing.legal
Website : ewing.legalhttp://www.ewing.legal/
1536 East 59th Place
Tulsa, Oklahoma 74105

Now Scheduling Mediations through DRC!
http://www.drc-ok.com/scheduling

Something also to consider is with the new regulations that require a person or entity receiving property to sign an affidavit stating they are a U.S. resident be attach to the deed. Unless there is an exception to that for a city to receive property, I’m curious how they were able to file a deed without that being attached.

Sent from my iPhone

On Nov 8, 2024, at 4:12 PM, Corry Kendall via Oama oama@lists.imla.org wrote:


11 O.S. 30-107 requires property donated for the purpose of a hospital requires acceptance by the municipality.
11 O.S. 31-107 requires property donated for the purpose a municipal library requires acceptance by the municipality.
11 O.S. 41-109 "donated" property marked on a plat or dedication must still be accepted. If the property serves a public use, acceptance is presumptive but conveyance cannot be presumed or compelled if the property is deemed "burdensome". Oklahoma City v. Williamson, 90 P.2d 1064, 1939 OK 191.
City of Ardmore v. Knight, 1954 OK 101, 270 P.2d 325 ("Acceptance of a dedication is necessary. Until the property dedicated is accepted a common law dedication is merely an offer.")

I believe the general theme is that a landowner cannot "force" a town to accept a conveyance. I hope this helps.

On Fri, Nov 8, 2024 at 3:07 PM Tammy Ewing via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:
All,

The City of Perkins just found out that a local landowner/developer deeded a strip of land it doesn’t want to mow to the City.  The deed was never presented to, or accepted by, the City.  However, the Payne County Clerk’s position is that “anyone can convey land to anyone.”  That office basically records everything presented to it.

I expected to find a state statute (or something) that provides that conveyances are not effective if not accepted by political subdivisions, or something like that.  All I could find was the sham filing provisions of 16 OS 75.  I’m sure other landowners have tried this with other cities.  Am I missing something?  If the only remedy is to file a notice under the sham filing provision, do you have a form and/or procedure you have used for that?

Thanks for sharing your knowledge and wisdom.

Tammy

<image001.jpg>
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC

Phone: (918) 752-9550
Email: tammy@ewing.legalmailto:tammy@ewing.legal
Website : ewing.legalhttp://www.ewing.legal/
1536 East 59th Place
Tulsa, Oklahoma 74105

Now Scheduling Mediations through DRC!
http://www.drc-ok.com/scheduling

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Corry S. Kendall
Attorney at Law
122 N. Oklahoma Avenue
Mangum, OK 73554
corry.kendall@swoklaw.commailto:corry.kendall@swoklaw.com

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A deed is not legally effective unless and until delivered to the grantor.  Black letter property law.  Second, even if it had been delivered, no one can force someone else to accept a gift or any conveyance for that matter.

Jon Miller
City of Mustang

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From: Tammy Ewing via Oama oama@lists.imla.org
Sent: Friday, November 8, 2024 3:06:31 PM
To: OAMA@lists.imla.org oama@lists.imla.org
Subject: [Oama] Deeds conveying unwanted land

All, The City of Perkins just found out that a local landowner/developer deeded a strip of land it doesn’t want to mow to the City. The deed was never presented to, or accepted by, the City. However,
Caution! This message was sent from outside your organization.  Report

All,

The City of Perkins just found out that a local landowner/developer deeded a strip of land it doesn’t want to mow to the City.  The deed was never presented to, or accepted by, the City.  However, the Payne County Clerk’s position is that “anyone can convey land to anyone.”  That office basically records everything presented to it.

I expected to find a state statute (or something) that provides that conveyances are not effective if not accepted by political subdivisions, or something like that.  All I could find was the sham filing provisions of 16 OS 75.  I’m sure other landowners have tried this with other cities.  Am I missing something?  If the only remedy is to file a notice under the sham filing provision, do you have a form and/or procedure you have used for that?

Thanks for sharing your knowledge and wisdom.

Tammy

[cid:image001.jpg@01DB31EE.A2C49010]

Tammy Ewing

Attorney & Mediator

Ewing Law Office, PLLC

Phone: (918) 752-9550

Email: tammy@ewing.legalmailto:tammy@ewing.legal

Website : ewing.legalhttps://us-west-2.protection.sophos.com?d=ewing.legal&u=aHR0cDovL3d3dy5ld2luZy5sZWdhbC8=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=cjJ4Ym1mSXVCbFo2czZobSszclZOUnhFemNVMHhQU2FIMUpGdml3R203MD0=&h=bcf1008dda3e483dbeb5f166a3ed2373&s=AVNPUEhUT0NFTkNSWVBUSVYwiDSt18cnlPbW9bTFlV1ZfummaworVCN8q0WfxCo9ips1Os8sxFMJXNGwWU_9nWuO1pVEpCvAYoNQNMfqAtzH

1536 East 59th Place

Tulsa, Oklahoma 74105

Now Scheduling Mediations through DRC!

http://www.drc-ok.com/schedulinghttps://us-west-2.protection.sophos.com?d=drc-ok.com&u=aHR0cDovL3d3dy5kcmMtb2suY29tL3NjaGVkdWxpbmc=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=NlVoaXBROEhwazd3T0s4WlQ3Y0xCODc0b1hUSHcyWC8xUTBoQys0NEJPWT0=&h=bcf1008dda3e483dbeb5f166a3ed2373&s=AVNPUEhUT0NFTkNSWVBUSVYwiDSt18cnlPbW9bTFlV1ZfummaworVCN8q0WfxCo9ips1Os8sxFMJXNGwWU_9nWuO1pVEpCvAYoNQNMfqAtzH

Grantee

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From: Jon Miller via Oama oama@lists.imla.org
Sent: Friday, November 8, 2024 4:52:20 PM
To: Tammy Ewing tammy@ewing.legal; OAMA@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Deeds conveying unwanted land

A deed is not legally effective unless and until delivered to the grantor.  Black letter property law.  Second, even if it had been delivered, no one can force someone else to accept a gift or any conveyance for that matter.

Jon Miller
City of Mustang

Get Outlook for iOShttps://aka.ms/o0ukef

From: Tammy Ewing via Oama oama@lists.imla.org
Sent: Friday, November 8, 2024 3:06:31 PM
To: OAMA@lists.imla.org oama@lists.imla.org
Subject: [Oama] Deeds conveying unwanted land

All, The City of Perkins just found out that a local landowner/developer deeded a strip of land it doesn’t want to mow to the City. The deed was never presented to, or accepted by, the City. However,
Caution! This message was sent from outside your organization.  Report

All,

The City of Perkins just found out that a local landowner/developer deeded a strip of land it doesn’t want to mow to the City.  The deed was never presented to, or accepted by, the City.  However, the Payne County Clerk’s position is that “anyone can convey land to anyone.”  That office basically records everything presented to it.

I expected to find a state statute (or something) that provides that conveyances are not effective if not accepted by political subdivisions, or something like that.  All I could find was the sham filing provisions of 16 OS 75.  I’m sure other landowners have tried this with other cities.  Am I missing something?  If the only remedy is to file a notice under the sham filing provision, do you have a form and/or procedure you have used for that?

Thanks for sharing your knowledge and wisdom.

Tammy

[cid:image001.jpg@01DB31EE.A2C49010]

Tammy Ewing

Attorney & Mediator

Ewing Law Office, PLLC

Phone: (918) 752-9550

Email: tammy@ewing.legalmailto:tammy@ewing.legal

Website : ewing.legalhttps://us-west-2.protection.sophos.com?d=ewing.legal&u=aHR0cDovL3d3dy5ld2luZy5sZWdhbC8=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=cjJ4Ym1mSXVCbFo2czZobSszclZOUnhFemNVMHhQU2FIMUpGdml3R203MD0=&h=bcf1008dda3e483dbeb5f166a3ed2373&s=AVNPUEhUT0NFTkNSWVBUSVYwiDSt18cnlPbW9bTFlV1ZfummaworVCN8q0WfxCo9ips1Os8sxFMJXNGwWU_9nWuO1pVEpCvAYoNQNMfqAtzH

1536 East 59th Place

Tulsa, Oklahoma 74105

Now Scheduling Mediations through DRC!

http://www.drc-ok.com/schedulinghttps://us-west-2.protection.sophos.com?d=drc-ok.com&u=aHR0cDovL3d3dy5kcmMtb2suY29tL3NjaGVkdWxpbmc=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=NlVoaXBROEhwazd3T0s4WlQ3Y0xCODc0b1hUSHcyWC8xUTBoQys0NEJPWT0=&h=bcf1008dda3e483dbeb5f166a3ed2373&s=AVNPUEhUT0NFTkNSWVBUSVYwiDSt18cnlPbW9bTFlV1ZfummaworVCN8q0WfxCo9ips1Os8sxFMJXNGwWU_9nWuO1pVEpCvAYoNQNMfqAtzH