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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2036 By: Archer
AS INTRODUCED
An Act relating to eminent domain; amending 27 O.S.
2021, Section 11, which relates to reimbursement of
expenses when property is not acquired under
condemnation process ; providing when certain expenses
may be reimbursed; amending 66 O.S. 2021, Section 55,
which relates to the review of commissioner 's report,
eminent domain jury trials, notice s, and costs;
providing when certain expenses ma y be reimbursed;
and providing an effective date .
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 follows:
Section 11. Where a condemnation p roceeding 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 exceeds the award of the court -
appointed commissioners by at least ten percent (10%), the owner of
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any right, title or interest in such real property may be paid such
sum as in the opinion of the court will reimburse such o wner for his
reasonable attorney, appraisal and engineering fees, actually
incurred because of the condemnation proceedings. Should only the
condemning authority demand jury trial, and if the award of the jury
is at least ninety percent (90%) or more of th e award of the court -
appointed commissioners, 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 reasonable attorney, appraisal
and engineering fees actually inc urred because of the condemnation
proceedings;
4. Should both the condemning authority and the property owner
demand jury trial and if the award of the jury is equal to or
greater than the award of the court -appointed commissioners, the
owner of any right, title, or interest in such real property may be
paid such sum as in the opi nion of the court will reimburse such
owner for reasonable attorney, appraisal, and engineering fees
actually incurred because of the condemnation proceedings; or
5. Should the condemning authority make s a written settlement
offer after the court -appointed commissioners submit their report to
the trial court and this settlement amount exceeds the
commissioners’ award amount, then the property owner shall have to
exceed the last written settlement offer from the condemning
authority by at least ten percent (10%) in order for the owner to be
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paid such sums as in the opinion of the court will reimburse such
owner for reasonable attorney, appraisal and engineering fees
actually incurred 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 property.
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, 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 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
than the assessment of the commissioners, all costs in the district
court may be taxed against him such party.
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(B) B. Within ten (10) days after the report of commissioners
is filed, the court clerk shall 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 commissi oners' 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 Court, and
shall be distributed to all clerks of the district cour t by said the
Court Administrator. If 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 exception 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 each party's
attorney of record, or the date the notice was published in
compliance with the provisions hereof.
(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 da te the report of the
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commissioners is filed in the case. On failure of the co urt clerk
to give notice within the time prescribed in paragraph (B)
subsection B of this section, the court, on application of any
party, may extend the time for filing an excep tion 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) Where the party instituting a condemnation proceeding
abandons such proceeding, or where the final judgment is that th e
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%), then the owner of any right, title or
interest in the property involved may be paid such su m as in the
opinion of the court will reimburse such owner for his reasonable
D. Reasonable attorney, appraisal, engineering, and expert
witness fees actually incurred because of the condemnation
proceeding shall be awarded pursuant to Section 1 of this act. The
sum awarded shall be paid by the party instituting the condemnation
proceeding.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10139 JL 01/16/25