Oklahoma Statutes
Okla. Stat. tit. 50, § 1 (2026)
Nuisance defined
✓ current as of July 2026
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A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either: First. Annoys, injures or endangers the comfort, repose, health, or safety of others; or Second. Offends decency; or Third. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street or highway; or Fourth. In any way renders other persons insecure in life, or in the use of property, provided, this section shall not apply to preexisting agricultural activities. R.L.1910, § 4250; Laws 1980, c. 189, § 1, eff. Oct. 1, 1980.
Notes of Decisions
Cited in 38
cases (10 in the last 5 years), 1959–2026 · leading case: State Ex Rel. Attorney Gen. of Oklahoma v. Johnson & Johnson, 2021 OK 54 (Okla. 2021).
State Ex Rel. Attorney Gen. of Oklahoma v. Johnson & Johnson, 2021 OK 54 (Okla. 2021). “The question before the Court is whether the conduct of an opioid manufacturer in marketing and selling its products constituted a public nuisance under 50 O.S.2011, §§ 1 & 2. We hold that the district court's expansion of public nuisance law went too far.”
Smicklas v. Spitz, 846 P.2d 362 (Okla. 1992). “Smicklas finds support in the reference in 50 O.S.1991 § 1 to unlawful interference with a waterway.”
State Ex Rel. Field v. Hess, 540 P.2d 1165 (Okla. 1975). “LAVENDER, Justice: The district attorney for Comanche County (appellee), as a public officer and on behalf of the citizens of that county, brought suit to permanently enjoin the operation by Steven Rellon Hess (appellant or Hess) of an “adult book store” as a public nuisance…”
Nichols Ex Rel. Kauk v. Mid-Continent Pipe Line Co., 933 P.2d 272 (Okla. 1996). “II PLAINTIFFS’ NUISANCE CLAIM LIES FOR THE HARM OCCASIONED TO THEIR POSSESSORY INTEREST IN THE BARNES RANCH The statutory definition of nuisance — in 50 O.S.1991 §§ 1 et seq. 6 — encompasses the common law’s private and public nuisance concepts.”
Moore v. Texaco, Inc., 244 F.3d 1229 (10th Cir. 2001). “Okla. Stat. tit. 50, § 1 ; Briscoe v. Harper Oil Co.”
Nuncio v. Rock Knoll Townhome Vill., Inc., 389 P.3d 370 (Okla. Civ. App. 2016). “2011 § 22; 50 O.S.2011 § 1; 21 O.S.2011 § 119[1]; and 21 O.”
Swanson v. City of Tulsa, 633 P.2d 1256 (Okla. Crim. App. 1981). “and to abate such nuisances by summary proceedings and to punish the authors thereof by penalties, fines and imprisonments.”
Lazy S Ranch Props. v. Valero Terminaling & Distrib., 92 F.4th 1189 (10th Cir. 2024). “5 We note that Oklahoma courts interpret Okla. Stat. tit. 50, § 1 as a generic definition of nuisance incapable of abrogating the common law requirement that a plaintiff show “substantial interference with the use and enjoyment of real property[.”
Branch v. Mobil Oil Corp., 788 F. Supp. 531 (W.D. Okla. 1991). “249, 257 (1957), each of whom are entitled to designate a representative of the Operating Committee, which “exercisefs] overall supervision and control over all matters pertaining to unit opera-tions_” Plan of Unitization at ¶ 11.”
Randle v. City of Tulsa, 2024 OK 40 (Okla. 2024). “50 O.S. §1. A nuisance is public when it "affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.”
Haas v. Firestone Tire & Rubber Co., 563 P.2d 620 (Okla. 1976). “5 We are of the opinion, the mere trackage of dirt ordinarily would not be an “obstruction” within the intent of 50 O.S.1971 § 1. City’s liability also is founded solely on negligence and not nuisance.”
B.H. v. Gold Fields Mining Corp., 506 F. Supp. 2d 792 (N.D. Okla. 2007). “Okla. Stat. tit. 50, § 1 . Common law nuisance is defined more broadly as the “unwarrantable, unreasonable or unlawful use by a person of his own property to the injury of another.”
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