The Latest Developments in Oklahoma Turnpike Authority's Access Oklahoma Project and Related Legislation
The Oklahoma legal landscape has recently seen significant developments concerning the Oklahoma Turnpike Authority (OTA) and its ACCESS Oklahoma turnpike project. This blog post aims to provide an update on these developments, including a recent ruling by the Oklahoma Supreme Court and legislative action concerning the OTA.
The Oklahoma Supreme Court recently ruled against a group opposing the ACCESS Oklahoma turnpike project, known as Pike Off OTA. The group had challenged the OTA's authority to construct three proposed turnpikes: the Tri-City Connector, the East-West Connector, and the South Extension. See Oklahoma Supreme Court issues ruling in OTA case. The group argued that the OTA lacked statutory authorization to construct the South Extension and had exceeded its statutory authorization by seeking an additional bond issue to complete the loop. Id. However, the Supreme Court disagreed, ruling that the group failed to establish a clear legal right to the injunction. Id.
Despite this ruling, the ACCESS Oklahoma plan remains on pause. The OTA announced last month that it was pausing construction on the project due to uncertainty about access to the bond market. Id. The Supreme Court's ruling does not mean that the OTA can move forward with construction or securing funding for the projects. See Oklahoma Supreme Court rules against group opposing plan to build new turnpike. OTA will have to wait for the Supreme Court to rule on the validity of the proposed bond sales before it can move forward with the Tri-City Connector, the East-West Connector, and the South Extension.
On the legislative front, a bill that would have altered the appointment process for the OTA board of directors was recently vetoed by Governor Kevin Stitt. See Bill addressing Oklahoma Turnpike Authority appointments may be revived. House Bill 2263 proposed splitting the six appointments and removal power between the speaker of the House, Senate president pro tempore, and the governor. Id. The bill also aimed to shorten term lengths from eight years to six and prohibit members from voting on issues in which they have a financial interest. Id. However, Governor Stitt vetoed the bill, arguing that it would enable the Legislature to exercise "unconstitutionally coercive influence over the executive department" and that the power to appoint board members should be a purely executive function. Id.
Despite the veto, the bill's authors remain hopeful that it may be revived. They argue that the bill was a response to constituent complaints about the OTA's handling of the ACCESS Oklahoma project and that it would provide more checks and balances on the OTA. Id.
In addition to the Supreme Court ruling and legislative action, there have been other significant developments. In December, District Judge Timothy Olsen ruled that the Oklahoma Turnpike Authority had willfully violated the Open Meetings Act by not releasing ACCESS Oklahoma details before presenting them to the turnpike board of directors. See Oklahoma Supreme Court dismisses effort for ACCESS Oklahoma injunction. The turnpike authority also acquired a list of potential web addresses to block them from being used by opponents. Id.
Furthermore, the U.S. Bureau of Reclamation denied an application along the route of the south extension in January due to concerns about the impact on protected species in the area, as well as sound and light pollution. Id. The Bureau stated that the project did not meet the land’s intended purposes. Id.
In March, Oklahoma Attorney General Gentner Drummond requested a state audit into the turnpike authority, citing questions of "legal misconduct". This request marks the first time in history that the turnpike authority has been subject to an investigative audit. Id.
In conclusion, while the Oklahoma Supreme Court's ruling is a setback for those opposing the ACCESS Oklahoma project, the project remains on hold for now, pending a determination on the validity of the proposed bond sales. Meanwhile, the debate over the governance of the OTA continues in the Legislature. As always, we will continue to monitor these developments and provide updates.
Sources:
PIKE OFF OTA v. Oklahoma Turnpike Authority, 2023 OK 57 (https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=493634).
Oklahoma Supreme Court issues ruling in OTA case (https://kfor.com/news/local/oklahoma-supreme-court-issues-ruling-in-ota-case/).
Bill addressing Oklahoma Turnpike Authority appointments may be revived (https://journalrecord.com/2023/05/23/bill-addressing-oklahoma-turnpike-authority-appointments-may-be-revived/).
Oklahoma Supreme Court rules against group opposing plan to build new turnpike (https://www.koco.com/article/oklahoma-supreme-court-ruling-throw-out-turnpike-lawsuit/43981226).
Oklahoma Supreme Court dismisses effort for ACCESS Oklahoma injunction (https://www.oklahoman.com/story/news/2023/05/24/oklahoma-supreme-court-turnpike-authority-bond-validation-norman-dispute/70249460007/).
*Please note that this blog post is intended to provide general information and does not constitute legal advice. If you are seeking legal representation or advice in any aspect of real estate law, don't hesitate to contact PLAINVIEW LEGAL GROUP PLLC today. Schedule a consultation with one of our experienced real estate attorneys by calling (405) 310-0183 or filling out our online contact form. We look forward to working with you to achieve your real estate goals.*