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).
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. Authority: 16 O.S. §§ 61-63,66,71-80; 46 O.S. § 301 ; Okla. Atty. Gen. Op., No. 67-444 (March 21, 1968), reprinted 39 O.B.A.J. 593 (1968); L. Simes, The Improvement of Conveyancing: Recent Developments , 34 O.B.A.J. 2357 (1963)
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).