Public Roads
This chapter discusses Article XVI of the Oklahoma constitution, which concerns public roads. Building and maintaining a state highway system is a mandatory governmental function over which the state enjoys “sovereign immunity.” Section 1 states that “the Legislature is directed to establish a Department of Highways, and shall have the power to create improvement districts and provide for building and maintaining public roads, and may provide for the utilization of convict and punitive labor thereon.” Section 2 clarifies that the state does not attempt to preempt the federal government’s actions and rights with regard to the public highways. It also assures that this provision was not intended to take away the rights of a Native American tribe. Section 3 gives the legislature broad powers to use its discretion to make, and to generate money for, a system of levees, drains, and irrigation ditches. The state may pay for such items through taxation.