Filed Date: 1/8/1974
Status: Precedential
Modified Date: 7/6/2016
REGIONAL PLANNING COMMISSION A regional planning commission established pursuant to 11 O.S. 431 [11-431] through 11 O.S. 437 [11-437] (1971) has jurisdiction over a district which extends three miles outside the limits of such a community. Such a commission has the authority to prepare plans for the systematic development of the property within its district and to approve all plans or plats of such property within the regional district, as provided for in 11 O.S. 435 [11-435] (1971). The Attorney General is in receipt of your letter in which you request an opinion on the following question: Does a regional planning commission have any authority outside the city limits of a community establishing such a commission ? You have stated in your letter that by city ordinance, the City of Miami has established a regional planning commission pursuant to the powers granted to the city by 11 O.S. 431 [11-431] through 437. Title 11 O.S. 433 [11-433] (1971) describes as follows the jurisdiction of such a commission: "The regional planning commission shall have jurisdiction over a regional district which shall be construed to mean any land outside the incorporated limits of a city or town, whose any one boundary, at any point, shall be within a distance of three miles from the incorporated limits of said city or town." The clear and unambiguous language of the preceding section gives the commission the power to exercise its jurisdiction over a tract of land whose any one point is within a distance of three miles of the city limit. In Fortson Investment Company v. Oklahoma City, Okl.,