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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 575 By: Standridge
AS INTRODUCED
An Act relating to condemnation proceedin gs; amending
27 O.S. 2011, Section 11, wh ich relates to
reimbursement of expenses when pro perty not acquired;
modifying requirements for reimbursement of certain
fees; amending 66 O.S. 2011, Section 55, which
relates to review of commissioners ’ report; modifying
requirements for reimbursement of certain fees;
updating statutory references; making language gender
neutral; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2011, Section 11, is
amended to read as follows:
Section 11. Where a condemnation proceeding is instituted by
any person, agency or other entity to acquire real property for use
as provided in Section 9 of this title and
1. The final judgment is that t he real property cannot b e
acquired by condemnation;
2. The proceeding is a bandoned; or
3. If the award of the jury exceeds the greater of the award of
the court-appointed commissioners by at least ten percent (10%) or
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the last written offer of just compensation made by the cond emning
authority, the owner of any right, title or interest in such real
property may be paid such sum as in the opinion of the court will
reimburse such owner for his reasonable attorney, appraisal and
engineering fees, actually incurred by written contract because of
the condemnation proceedings. Such d etermination by the court shall
be appealable to the Supreme Court in the same manner as any other
final order. The final award of such sums will be paid by the
person, agency or other entity which sought to condemn the property.
SECTION 2. AMENDATORY 66 O.S. 2011, Section 55, is
amended to read as follows:
Section 55. (A) A. The report of the commissioners may be
reviewed by the district court, on written exceptions filed by
either party, in the clerk ’s office within thirty (30 ) days after
the filing of such report; and the court shall make such order
therein as right and justice may require, either by confirmation,
rejection or by ordering a new appraisement on good cause shown; or
either party may within sixty (60) days after the filing of such
report file with the clerk a written demand for a trial by jury, in
which case the amount of damages shall be assessed by a jury, and
the trial shall be conducted and judgment ente red in the same manner
as civil actions in the district c ourt. If the party dem anding such
trial does not recover a verdict more favorable to him than the
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assessment of the commissioners, all costs in the district court may
be taxed against him such party.
(B) B. Within ten (10) days after the report of commis sioners
is filed, the court clerk sha ll forward to the attorney of record
for the condemnor, the attorney of record for each condemnee, and to
all unrepresented condemnees, a copy of the commissioners ’ report
and a notice stating the time limits for filing an exception or
demand for jury tria l as specified in paragraph (A) subsection A of
this section. This notice shall be on a form prepared by the Court
Administrator, which shall be approved by the S upreme Court, and
shall be distributed to all clerks of the district court by said the
Court Administrator. I f a party has been served by publication, the
clerk shall forward a copy of the report of commissioners and notice
of time limits for filing an ex ception or demand for jury trial to
the last-known mailing address, if any, and shall cause a copy of
the notice of time limits to be published in one (1) issue of a
newspaper qualified to publish legal notices, as defined in Section
106 of Title 25 of the Oklahoma Statutes. After issuing the notices
provided herein, the court clerk shall endorse on the notice form
filed in the case, the date and that a copy of the report together
with the notice was mailed to each party or his party’s attorney of
record, or the date the notice was published in compliance with the
provisions hereof.
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(C) C. The time limits for filing an exception and demand for
jury trial, as prescribed in paragraph (A) subsection A of this
section, shall be calculated from the date the repo rt of the
commissioners is filed in the case. On failu re of the court clerk
to give notice within the time prescribed in paragraph (B)
subsection B of this section, the c ourt, on application of any
party, may extend the time for filing an exception to the report or
a demand for trial by jury for a period not to exceed twenty (20)
days from the date the application is heard.
(D) D. Where the party instituting a condemnation p roceeding
abandons such proceeding, or where the final judgment is that the
real property cannot be acquired by condemnation , or if the award of
the jury exceeds the award of the court -appointed commissioners by
at least ten percent (10%) or exceeds the last written offer of just
compensation made by the cond emning authority, whichever i s greater,
then the owner of any right, title or inter est in the property
involved may be paid such sum as in the opinion of the court will
reimburse such owner for his reasonable attorney, appraisal,
engineering, and expert witness fees actually incurred by written
contract because of the condemnation proceeding. The sum awarded
shall be paid by the party instituting the condemnation proceeding.
SECTION 3. This act shall become effective November 1, 2021.
58-1-620 TEK 1/20/2021 7:06:27 PM