Okla. Stat. » Title 50 — NUISANCES
Oklahoma Statutes

Okla. Stat. tit. 50, § 4 (2026)

Statute authority

✓ current as of July 2026
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Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. R.L.1910, § 4253.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1971–2022 · leading case: B.H. v. Gold Fields Mining Corp., 506 F. Supp. 2d 792 (N.D. Okla. 2007).
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B.H. v. Gold Fields Mining Corp., 506 F. Supp. 2d 792 (N.D. Okla. 2007). · cites it 3× “They claim that Okla. Stat. tit. 50, § 4 immunizes them from liability for leaving chat and tailings on the surface of restricted Quapaw lands, because the federal government expressly authorized defendants’ actions.”
City of Bartlesville v. Ambler, 499 P.2d 433 (Okla. 1971). “To support this contention, the City argues that, under the provisions of 50 O.S.1961, § 4, the ditch would not be a nuisance because construction of the ditch is authorized by 11 O.”
Vulcan Constr. Materials v. City of Tishomingo, 2023 OK CIV APP 5 (Okla. Civ. App. 2022). “2011, § 16 at all , 50 O.S.2011, § 4 ¶14 Based on the foregoing, we find the 2015 ordinance to be preempted by state law in so far as it declares lawful acts of the mines to be nuisances.”
Vulcan Constr. Materials v. City of Tishomingo, 526 P.3d 1171 (Okla. Civ. App. 2022). “2011, § 16 at all , 50 O.S.2011, § 4 ¶14 Based on the foregoing, we find the 2015 ordinance to be preempted by state law in so far as it declares lawful acts of the mines to be nuisances.”
Vulcan Constr. Materials v. City of Tishomingo, 2023 OK CIV APP 5 (Okla. Civ. App. 2022). “" 50 O.S.2011, § 4. The mines were fully permitted and doing that which state law specifically allows.”
Woodlake Estates, Inc. v. Sternberger, 2007 OK CIV APP 115 (Okla. Civ. App. 2006). “Because it was erected and maintained in compliance with state law, it was held not to be able to be deemed a nuisance pursuant to 50 O.S. § 4, a law which remains current today.”
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