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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1714 By: Garvin
AS INTRODUCED
An Act relating to condemnation proceedin gs; amending
27 O.S. 2021, Section 11, which relates to
reimbursement of expenses; modifying re quirements for
recovery of certain costs and fees; amending 66 O.S.
2021, Section 55, which r elates to review of
commissioner’s report; modifying requirements for
recovery of certain costs and fees; making language
gender neutral; updating statutory references;
updating statutory language; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, Section 11, is
amended to read as fo llows:
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 the real property cannot be
acquired by condemnation;
2. The proceeding is abandoned; or
3. If the award of the jury exce eds 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 condemning
authority,
the owner of any right, title or interest in such re al property may
be paid such sum as in the opinion of the court will reimburse such
owner for his reasonable attorney, appraisa l and engineering fees,
actually incurred by written contract because of the condemnation
proceedings. Such determination 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 p roperty.
SECTION 2. AMENDATORY 66 O.S. 2021, Section 55, is
amended to read as follows:
Section 55. (A) A. The report of the commissioners may be
reviewed by the district court, o n written exceptions filed by
either party, in the clerk’s office within thirty (30) days after
the filing of such report; and th e 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 jur y, and
the trial shall be c onducted and judgment entered in the same manner
as civil actions in the district court. If the party demanding such
trial does not recover a verdict more favorable to him such party
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than the 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 commissioners
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 trial 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 Supreme Cour t, 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 r eport of commissioners and notice
of time limits for filing an exception or d emand for jury trial to
the last-known mailing address, if any, and shall cause a copy of
the notice of time limits to be pu blished 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 each 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 report of the
commissioners is filed in the case. On failure 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 repor t 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 proceeding
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 condemning autho rity, whichever is greater,
then the owner of any right, title or interest 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 July 1, 2024.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-3202 TEK 1/16/2024 5:39:32 PM