OTC Approves Turnpike Routes
An Empty Seat at the Table
Three contested ACCESS Oklahoma turnpike routes were approved by the Oklahoma Transportation Commission (OTC) on Monday, July 11, despite a commissioner’s vacancy in the district where the expansion projects are focused. Pike Off OTA, the grassroots group behind a Cleveland County District Court lawsuit against the OTA, asked the commission to wait on the decision until a new commissioner had been appointed to District 3, but the OTC declined to wait.
The former District 3 Commissioner, T.W. Shannon, resigned in March to pursue a bid for a U.S. Senate seat, according to a Norman Transcript article that discusses the vacancy. District 3 represents Cleveland, Coal, Garvin, Hughes, Johnston, Lincoln, McClain, Pottawatomie, Pontotoc and Seminole counties. Because the approved routes run through District 3, some residents felt the commission should have waited until T.W. Shannon’s seat was filled before the OTC voted. Some District 3 residents’ homes are at stake, and they think it was unfair to vote on the routes when no one was there to represent them.
Within the OTC, an at-large member is elected to fill in for any absent commissioners. According to the above article, Brenda Perry, an OTA spokesperson, said “The commission is designed to make decisions without all members present as long as a quorum is met. The at-large member is in place to represent any of the eight districts. In this case, the at-large member lives in District 3.” Gene McKown was identified as the at-large member.
The OTC has limited authority over the expansion plans, Perry noted. She says the OTC’s role in approval is to ensure that the routes don’t conflict with already-existing state highways and that connections will be built where needed.
The 7-to-1 Vote
James L. Grimsley, District 2 Commissioner, was the sole vote against the approval of the turnpikes. He cited various reasons, like the expense of expansion, lack of traffic engineering, and his belief that eminent domain should be more difficult than it is. “I’m not a big fan of building new highways,” Grimsley told the Oklahoman. “I think it destroys ecosystems and divides and destroys communities.” He said that the state ranks 14th in highways and 28th in population.
He sided with Dr. Amy Cerato, a civil engineer and member of Pike Off OTA who spoke about alternate routes, traffic patterns, and an upcoming federal project called the “Ports to Plains Corridor”. Cerato’s analysis, which she delivered at Monday’s meeting, matched Grimsley’s “own observations” on the unsustainable nature of highway creation without limits, according to another Norman Transcript article. “The most important thing is, as a member of this commission, we represent the public,” Grimsley told the Transcript. “We do not represent ODOT. We represent and protect the interest of the public”.
Other OTA Controversies
The OTC’s vote on the turnpike routes follows the filing of a motion to dismiss by the OTA’s lawyers in the Pike Off OTA v. OTA lawsuit. The motion’s reasoning remains that the district court does not have the authority to rule on OTA matters and that the Oklahoma Supreme Court is the only court with jurisdiction over the validity of OTA bonds (you can read more about their arguments for dismissal here). They also filed a motion to dismiss in another lawsuit that accuses the OTA Board of Trustees of violating the Open Meetings Act, with the same reasoning that the court lacks jurisdiction.
Fox 25 says Pike Off OTA plans to file a response to the motion to dismiss in their case. Since the ACCESS plans were revealed in February, Pike Off OTA has been fighting the expansion. The organization claims on their website an estimated 665 homes are in the path of the now-approved routes, and another 4,730 homes within a half mile of the new roads will depreciate in value.
In a KGOU article published on July 14, it was confirmed that the state House of Representatives and Senate will conduct interim studies on the OTA’s inner workings. “The study will focus on the process of acquiring properties to build turnpikes, how turnpike routes are determined, how OTA Board Members are selected and a look at the agency’s finances,” the article says. It will be interesting to see how these studies play out with the lawsuits and the OTA’s push to validate their bonds in the Supreme Court. As of today, the House Representatives’ interim study is scheduled for September 28- 29. The Senate has not yet announced the date(s) it will conduct its interim study.
As the OTA lawsuits and legislative studies proceed, PLAINVIEW LEGAL GROUP PLLC will continue to keep you updated as the turnpike situation develops, so you can stay informed about how the turnpike will affect your real estate. Do you have questions and want answers about how the turnpike will affect your property? Do you wish to take proactive measures to protect your property? Call the property attorneys at PLAINVIEW LEGAL GROUP PLLC today at (405) 310-0183 to schedule a free legal consultation.
