Okla. Stat. tit. 16, sec 1.4
Remedial Effect of Curative Legislation
Adopted as 16., November 16, 1946, 17 O.B.A.J. 1729 (1946), printed, id . at 1753, became 5 on renumbering in 1948, 19 O.B.A.J. 223, 224 (1948). Renumbered 6.1 in the 1960 revision of the Title Examination Standards, 1960 Proceedings of the Annual Meeting of the Oklahoma Bar Association at 20-22. Renumbered 2.3 and substantially enlarged by amendment as proposed by Report of the 1981 Title Examination Standards Committee, 52 O.B.J. 2723-24 (1981). Approved by Real Property Section and adopted by House of Delegates, December 4, 1981, 53 O.B.J. 257 (1982). The 2023 Title Examination Standards Sub-Committee of the Real Property Law Section recommended a new comment to Standard 1.4(C) be included to assist title examiners with understanding the impact of curative legislation on restricted Indian interests. The Real Property Section approved the proposal, and the House of Delegates adopted the new amendment on November 3, 2023. (superseded document available)
Title Examination Standards
Chapter 1, App.
Chapter 1. Examination Generally
§1.4. Remedial Effect of Curative Legislation.
- A. Every statute is presumed to be valid and constitutional and binding on all parties as of the effective date of each statute. This presumption continues until there is a judicial determination to the contrary. Authority: 16 C.J.S. Constitutional Law § 99; Tate v. Logan, 362 P.2d 670 (Okla. 1961); Swanda v. Swanda, 207 Okla. 186, 248 P.2d 575 (1952). B. Curative statutes that complete imperfect transactions, and statutes of limitation and adverse possession that bar stale demands or ancient rights, are also presumed to be constitutional. Authority: 53 C.J.S. Limitation of Actions § 2; Shanks v. Sullivan, 202 Okla. 71, 210 P.2d 361 (1949). C. The presumption of constitutionality extends to and includes the Simplification of Land Titles Act, the Marketable Record Title Act, the Limitations on Power of Foreclosure Act and legislation of like purpose. Caveat: By reason of federal supremacy, tribal treaty rights and the Oklahoma Enabling Act, the Oklahoma curative acts referenced in these Standards have no application or remedial effect on title defects involving restricted Indian title interests. Cure for these defects can only be obtained through compliance with the requirements of applicable acts of Congress. Authority: U.S. Const. art. I § 8, cl. 3; U.S. Const. art. VI, cl. 2; Worcester v. Georgia, 31 U.S. (6 Pet.) 515, 561 (1832); 18 U.S.C. § 1151; Act of June 16, 1906, § 1 (Oklahoma Enabling Act) 34 Stat. 267. ...
Statutes enacted for the purpose of curing irregularities or defects in titles are valid and effective from the effective date of each statute; and in particular:
Adopted as 16., November 16, 1946, 17 O.B.A.J. 1729 (1946), printed, id . at 1753, became 5 on renumbering in 1948, 19 O.B.A.J. 223, 224 (1948). Renumbered 6.1 in the 1960 revision of the Title Examination Standards, 1960 Proceedings of the Annual Meeting of the Oklahoma Bar Association at 20-22. Renumbered 2.3 and substantially enlarged by amendment as proposed by Report of the 1981 Title Examination Standards Committee, 52 O.B.J. 2723-24 (1981). Approved by Real Property Section and adopted by House of Delegates, December 4, 1981, 53 O.B.J. 257 (1982).
The 2023 Title Examination Standards Sub-Committee of the Real Property Law Section recommended a new comment to Standard 1.4(C) be included to assist title examiners with understanding the impact of curative legislation on restricted Indian interests. The Real Property Section approved the proposal, and the House of Delegates adopted the new amendment on November 3, 2023. (superseded document available)