OTA wants access to your land on or about June 17th: You can refuse access to Surveyors and Engineers

East-West Connector design has started back up and POE sent first round of certified letters for property access - understand your rights.

The OTA has informed the public that it has started the engineering design back up on the east-west connector between Newcastle and the section line between 24th and 36th east in Norman. They have also started working their way south from the Kickapoo as can be seen by the section of roadway in yellow on Access Oklahoma.

Poe and Associates, the OTA’s Corridor Manager, sent out certified letters on June 3rd to folks along these routes letting them know that surveyors, geotechnical engineers and drillers, and potentially environmental services are REQUESTING PERMISSION to access their property on or around June 17th.

We are fairly certain that the only property owners who received letters were those within the EWC-28005 project design by MKEC, which is the five miles of roadway along Indian Hills just east of the connection with I-35.

So we know for sure, please let us know if you have received the access request letter by emailing admin@pikeoffota.com and include either a scanned copy of the letter or provide your address.

The letter noted that it may be necessary to do minor hand digging on their property as part of their survey. They are probably talking about a pedological (soil) study to get an idea of how they will have to build the road, and/or a true geotechnical engineering investigation to provide soil parameters tell them how to design embankments and bridge foundations.

This is not ‘minor hand digging.’

This would necessitate DRILLING deep holes into bedrock with a drill rig in multiple locations along the length and width of their proposed right-of-way.

And it will disturb your land.

Property owners don't have to allow the Geotechnical engineering contractors on their private property.

The letter that property owners were sent could be misleading in stating ‘minor hand digging’ if in fact POE intends to use Geotechnical Engineering Contractors to drill deep holes for soil and rock sampling to determine design parameters.

You should ask exactly what they plan on doing on your property and then let us know.

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Cited Statute

The State Statute 69 O.S. Section 1706 C that POE references in the certified letter is as follows:

Recommendation: If you GIVE PERMISSION to surveyors and engineers to enter your property for surveying and study purposes, take pictures of your property before and afterwards. If the OTA contractors damage anything during this process, file a claim as per what Title 69, O.S. section 1706C outlines, and/or keep track in a spiral notebook. 

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You can refuse access to surveyors and engineers

However, if you DO NOT want to give permission to allow them on your property, as per Title 21, Section 1835A Paragraph 3a, you have that right as a property owner.

See the relevant paragraph in the statute below.

You DO NOT, by law, have to give permission to licensed surveyors and registered professional engineers to enter your property to conduct surveys and/or engineering exploration. You, the owner of the property, can forbid them orally or in writing.

If your land is primarily devoted to farming, ranching or forestry, you are further protected by an additional statute and do NOT have to give permission to surveyors and engineers for entry to your land for surveying and/or engineering exploration as per Title 21, Section 1835.2 Paragraph 3.

You would have to orally or in writing tell them you are forbidding them onto your property.

You have options. We are still fighting this. Keep us informed on what is happening by emailing admin@pikeoffota.com or give us a call at 405-215-9474.

Additional Resources

Oklahoma Society of land Surveyors “Rules of Professional Conduct”

and

Oklahoma Statutes on Trespass

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PIKE OFF OTA (501 c4) and Oklahomans for Responsible Transportation, Foundation (501 c3) are leading the charge in legal injunctive avenues and legislative reform and they could use your help. They are trying to dismantle a corrupt Goliath within our state and are doing a great job. Be part of the solution!

www.pikeoffota.com