The sanctity of private property rights was reaffirmed when the Oklahoma Supreme Court overruled a petition by the city of Seminole to rehear a case on municipal annexation of land without a reasonable purpose. Seminole originally lost the case in a July, 2004 decision by the court.
This latest court ruling could be the final chapter in the case of local landowners versus the city of Seminole. Seminole wanted to "strip" annex an area 3 feet wide and 10 miles long to gain access property near I-40. The annexation would have increased the city’s municipal tax base without providing additional services within the strip area.
"Once again we are pleased with the court’s decision because it demands municipalities look at the tangible value of property before annexing the land," said Steve Kouplen, Oklahoma Agricultural Legal Foundation President.
The Foundation intervened in the case by providing testimony, filing a "friend of the court" brief and other valuable legal resources supporting the landowners.
"The Foundation’s support was critical to our winning this case," said Sue Jarvis, Seminole County landowner.
Kouplen, a Beggs rancher, is also President of the Oklahoma Farm Bureau, the state’s largest farm organization. The Foundation was established by Oklahoma Farm Bureau in 2001 to promote the rights and freedoms of farmers and ranchers.
This court decision compliments legislation passed during the 2004 Legislative Session restricting municipal annexation. Senate Bill 851 exempts newly annexed agricultural land of five acres or more from municipal ordinances. Senate Bill 905 limits when a city can annex without the consent of adjacent landowners.
