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Legal Opinion

Opinion No. (1979)

Oklahoma Attorney General Reports

Decided August 29, 1979Published

1Opinion of the Court

Dear Honorable Taylor,

The Attorney General has considered your request for an opinion wherein you ask the following question:

"Does a municipal corporation have the power to effectively release aneasement acquired for purposes other than for streets, alleys and publicways, by way of a release rather than by vacation by resolution orordinance?"

The underlying factual situation giving rise to this opinion request is the existence of an "unneeded" utility easement which the owner of the servient estate desires to abolish. Easements for utility purposes may be created by express grant,…

2Cases cited7 opinions

  1. City of Midwest City v. HarrisSupreme Court of Oklahoma · 1977
  2. Douglas v. WallaceOhio Supreme Court · 1841
  3. City of Tulsa v. AaronsonSupreme Court of Oklahoma · 1924
  4. Green v. City of NormanSupreme Court of Oklahoma · 1969
  5. State ex rel. Remy v. AgarSupreme Court of Oklahoma · 1977

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