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SENATE FLOOR VERSION
April 22, 2025
AS AMENDED
ENGROSSED HOUSE
BILL NO. 2036 By: Archer of the House
and
Murdock of the Senate
[ eminent domain - reimbursement - right-of-way -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, 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 or Section 52, 60, or 61 of
Title 52 of the Oklahoma Statutes and:
1. The final judgment is that the real property cannot be
acquired by condemnation;
2. The proceeding is abandon ed; or
3. If the award of the jury exceeds the awa rd of the court-
appointed commissioners a jury trial is requested by the owner of
any right, title, or interest in such real property and the award of
the jury exceeds the greater of the award of the court -appointed
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commissioners or the last timely written offer of just compensation
made by the condemning authority by at least ten percent (10%), the
owner of any right, title or interest in such real property may be
paid such sum as in the opinion of the cou rt will reimburse such
owner for his reasonable att orney, 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 written offer of
just compensation will be timely for purposes of this paragraph if
it is made at any time prior to seventy -five (75) days after the
report of the court-appointed commissioners is filed. The final
award of such sums will b e paid by the person, agency, or other
entity which sought to condemn the property;
4. If a jury trial is requested by both the condemning
authority and the owner of any right, title, or interest in such
real property, then paragraph 3 of this section shall apply; or
5. If a jury trial is requested only by condemning authority
and award of the jury exceeds ninety percent (90%) of the greater of
the award of the court -appointed commissioners or the last written
offer of just compensation made by the condem ning authority, the
owner of any right, title, or i nterest in such real property may be
paid such sum as in the opinion of the court will reimburse such
owner for his or her reasonable attorney, appraisal, and engineering
fees actually incurred because of the condemnation proceedings .
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Such determination b y the court shall be appealable to the Supreme
Court in the same manner as any other final order. The written
offer of just compensation will be timely for purposes of this
paragraph if it is made at any time prior to seventy -five (75) days
after the report of the court-appointed commissioners is filed. 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 afte r
the filing of such report; and the court shall ma ke 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 t he party demanding such
trial does not recover a ve rdict 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 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 Court, and
shall be distributed to all clerks of the district court 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 date the report of the
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commissioners is filed in the case. On failure of the court clerk
to give notice within th e time prescribed in paragraph (B)
subsection B of this section, the court, 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 a pplication is heard.
(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%), 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 fo r his reasonable
attorney, appraisal, engineering, and expert witness fees actually
incurred because of the condemnation proceeding. The sum awarded
shall be paid by the party instituting the condemnation proceeding.
D. Where the party instituting a condemnation proceeding
abandons such proceeding, or wh ere the final judgment is that the
real property cannot be acquired by condemnation, or if a jury trial
is requested by the owner of any right, title, or interest in such
real property and the award of the jury exceeds the greater of the
award of the court-appointed commissioners or the last timely
written offer of just compensation made by the condemning authority
by at least ten percent (10%), then the owner of any right, title,
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or interest in the property involved may be paid such sum as in the
opinion of the court will reimburse such owner for his or her
reasonable attorney, appraisal, engineering, and expert witness fees
actually incurred because of the condemnation proceeding. Such
determination by the court shall be appealable to the Supreme Court
in the same manner as any other final order. The written offer of
just compensation will be timely for purposes of this subsection if
it is made at any time prior to seventy -five (75) days after the
report of the court-appointed commissioners is filed. The sum
awarded shall be paid by the party instituting the condemnation
proceeding.
E. If a jury trial is requested by both the condemning
authority and the owner of any right, title, or interest in the
property involved, subsection D of this section shall a pply.
F. If a jury trial is requested only by the condemning
authority and the award of the jury exceeds ninety percent (90%) of
the greater of the award of the court -appointed commissioners or the
last written offer of just compensation made by the conde mning
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 or her 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
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written offer of just compensation will be timely for purposes of
this subsection if it is made at an y time prior to seventy -five (75)
days after the report of the court -appointed commissioners is filed.
The sum awarded shall be paid by the party instituting the
condemnation proceeding.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 22, 2025 - DO PASS AS AMENDED