| 43 | | - | [ eminent domain - reimbursement - right-of-way - |
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| 44 | | - | effective date ] |
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| 38 | + | An Act relating to eminent domain; amending 27 O.S. |
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| 39 | + | 2021, Section 11, which relates to reimbursement of |
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| 40 | + | expenses when property is not acquired under |
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| 41 | + | condemnation process; expanding to include right -of- |
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| 42 | + | way for oil and gas pipelines; providing when certain |
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| 43 | + | expenses may be reimbursed; amending 66 O.S. 2021, |
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| 44 | + | Section 55, which relates to the review of |
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| 45 | + | commissioner's report, eminent domain jury trials, |
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| 46 | + | notices, and costs; providing when certain expenses |
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| 47 | + | may be reimbursed; and providing an effective date. |
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| 45 | 48 | | |
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| 46 | 49 | | |
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| 47 | 50 | | |
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| 48 | 51 | | |
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| 49 | 52 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 50 | 53 | | SECTION 1. AMENDATORY 27 O.S. 2021, Section 11, is |
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| 51 | 54 | | amended to read as follows: |
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| 52 | 55 | | Section 11. Where a condemnation proceeding is instituted by |
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| 53 | 56 | | any person, agency or other entity to acquire real property for use |
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| 54 | 57 | | as provided in Section 9 of this title or Section 52, 60, or 61 of |
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| 55 | 58 | | Title 52 of the Oklahoma Statutes and: |
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| 56 | 59 | | 1. The final judgment is that the real property cannot be |
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| 57 | 60 | | acquired by condemnation; |
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| 58 | 61 | | 2. The proceeding is abandoned; or |
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| 59 | 62 | | 3. If the award of the jury exceeds the award of the court - |
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| 60 | 63 | | appointed commissioners a jury trial is requested by the owner of |
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| 90 | 92 | | commissioners or the last timely written offer of just compensation |
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| 91 | 93 | | made by the condemning authority by at least ten percent (10%), the |
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| 92 | 94 | | owner of any right, title or interest in such real property may be |
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| 93 | 95 | | paid such sum as in the opinion of the court will reimburse such |
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| 94 | 96 | | owner for his reasonable attorney, appraisal and engineering fees, |
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| 95 | 97 | | actually incurred because of the condemnation proceedings . Such |
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| 96 | 98 | | determination by the court shall be appealable to the Supreme Court |
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| 97 | 99 | | in the same manner as any other final order. The written offer of |
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| 98 | 100 | | just compensation will be timely for purposes of this paragraph if |
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| 99 | 101 | | it is made at any time prior to seventy -five (75) days after the |
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| 100 | 102 | | report of the court-appointed commissioners is filed. The final |
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| 101 | 103 | | award of such sums will be paid by the person, agency, or other |
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| 102 | 104 | | entity which sought to condemn the property; |
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| 103 | 105 | | 4. If a jury trial is requested by both the condemning |
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| 104 | 106 | | authority and the owner of any ri ght, title, or interest in such |
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| 105 | 107 | | real property, then paragraph 3 of this section shall apply; or |
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| 106 | 108 | | 5. If a jury trial is requested only by condemning authority |
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| 107 | 109 | | and award of the jury exceeds ninety percent (90%) of the greater of |
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| 108 | 110 | | the award of the court -appointed commissioners or the last written |
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| 109 | 111 | | offer of just compensation made by the condemning authority, the |
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| 110 | 112 | | owner of any right, title, or interest in such real property may be |
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| 111 | 113 | | paid such sum as in the opinion of the court will reimburse such |
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| 141 | 142 | | Such determination by the court shall be appealable to the Supreme |
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| 142 | 143 | | Court in the same manner as any other final order. The written |
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| 143 | 144 | | offer of just compensation will be timely for purposes of this |
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| 144 | 145 | | paragraph if it is made at any time prior to seventy -five (75) days |
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| 145 | 146 | | after the report of the court -appointed commissioners is filed. The |
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| 146 | 147 | | final award of such sums will be paid by the person, agency or othe r |
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| 147 | 148 | | entity which sought to condemn the property. |
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| 148 | 149 | | SECTION 2. AMENDATORY 66 O.S. 2021, Section 55, is |
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| 149 | 150 | | amended to read as follows: |
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| 150 | 151 | | Section 55. (A) A. The report of the commissioners may be |
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| 151 | 152 | | reviewed by the district court, on written e xceptions filed by |
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| 152 | 153 | | either party, in the clerk's office within thirty (30) days after |
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| 153 | 154 | | the filing of such report; and the court shall make such order |
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| 154 | 155 | | therein as right and justice may require, either by confirmation, |
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| 155 | 156 | | rejection or by ordering a new appraisemen t on good cause shown; or |
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| 156 | 157 | | either party may within sixty (60) days after the filing of such |
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| 157 | 158 | | report file with the clerk a written demand for a trial by jury, in |
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| 158 | 159 | | which case the amount of damages shall be assessed by a jury, and |
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| 159 | 160 | | the trial shall be conducted an d judgment entered in the same manner |
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| 160 | 161 | | as civil actions in the district court. If the party demanding such |
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| 161 | 162 | | trial does not recover a verdict more favorable to him such party |
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| 191 | 191 | | (B) B. Within ten (10) days after the report of commissioners |
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| 192 | 192 | | is filed, the court clerk shall forward to the attorney of record |
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| 193 | 193 | | for the condemnor, the attorney of record for each condemnee, and to |
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| 194 | 194 | | all unrepresented condemnees, a copy of the commissioners' report |
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| 195 | 195 | | and a notice stating the time limits for filing an exception or |
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| 196 | 196 | | demand for jury trial as specified in paragraph (A) subsection A of |
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| 197 | 197 | | this section. This notice shall be on a form prepared by the Court |
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| 198 | 198 | | Administrator, which shall be approved by the Supreme Court, and |
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| 199 | 199 | | shall be distributed to all clerks of the district court by said the |
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| 200 | 200 | | Court Administrator. If a party has been served by publication, the |
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| 201 | 201 | | clerk shall forward a copy of the report of commissioners and notice |
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| 202 | 202 | | of time limits for filing an exception or demand for jury trial to |
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| 203 | 203 | | the last-known mailing address, if any, and shall cause a copy of |
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| 204 | 204 | | the notice of time limits to be published in one (1) issue of a |
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| 205 | 205 | | newspaper qualified to publish legal notices, as defined in Sec tion |
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| 206 | 206 | | 106 of Title 25 of the Oklahoma Statutes . After issuing the notices |
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| 207 | 207 | | provided herein, the court clerk shall endorse on the notice form |
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| 208 | 208 | | filed in the case, the date and that a copy of the report together |
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| 209 | 209 | | with the notice was mailed to each party or his each party's |
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| 210 | 210 | | attorney of record, or the date the notice was published in |
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| 211 | 211 | | compliance with the provisions hereof. |
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| 242 | 241 | | commissioners is filed in the case. On failure of the court clerk |
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| 243 | 242 | | to give notice within the time prescribed in paragraph (B) |
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| 244 | 243 | | subsection B of this section, the court, on application of any |
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| 245 | 244 | | party, may extend the ti me for filing an exception to the report or |
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| 246 | 245 | | a demand for trial by jury for a period not to exceed twenty (20) |
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| 247 | 246 | | days from the date the application is heard. |
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| 248 | 247 | | (D) Where the party instituting a condemnation proceeding |
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| 249 | 248 | | abandons such proceeding, or where the fin al judgment is that the |
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| 250 | 249 | | real property cannot be acquired by condemnation or if the award of |
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| 251 | 250 | | the jury exceeds the award of the court -appointed commissioners by |
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| 252 | 251 | | at least ten percent (10%), then the owner of any right, title or |
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| 253 | 252 | | interest in the property involv ed may be paid such sum as in the |
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| 254 | 253 | | opinion of the court will reimburse such owner for his reasonable |
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| 255 | 254 | | attorney, appraisal, engineering, and expert witness fees actually |
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| 256 | 255 | | incurred because of the condemnation proceeding. The sum awarded |
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| 257 | 256 | | shall be paid by the pa rty instituting the condemnation proceeding. |
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| 258 | 257 | | D. Where the party instituting a condemnation proceeding |
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| 259 | 258 | | abandons such proceeding, or where the final judgment is that the |
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| 260 | 259 | | real property cannot be acquired by condemnation, or if a jury trial |
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| 261 | 260 | | is requested by the owner of any right, title, or interest in such |
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| 262 | 261 | | real property and the award of the jury exceeds the greater of the |
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| 293 | 291 | | or interest in the property involved may be paid such sum as in the |
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| 294 | 292 | | opinion of the court will reimburse such owner for his or her |
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| 295 | 293 | | reasonable attorney, appraisal, engineering, and expert witness fees |
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| 296 | 294 | | actually incurred because of the condemnation proceeding. Such |
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| 297 | 295 | | determination by the court shall be appealable to the Supreme Court |
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| 298 | 296 | | in the same manner as any other final order. The written offer of |
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| 299 | 297 | | just compensation will be timely for purposes of this sub section if |
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| 300 | 298 | | it is made at any time prior to seventy -five (75) days after the |
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| 301 | 299 | | report of the court-appointed commissioners is filed. The sum |
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| 302 | 300 | | awarded shall be paid by the party instituting the condemnation |
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| 303 | 301 | | proceeding. |
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| 304 | 302 | | E. If a jury trial is requested by both the condemning |
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| 305 | 303 | | authority and the owner of any right, title, or interest in the |
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| 306 | 304 | | property involved, subsection D of this section shall apply. |
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| 307 | 305 | | F. If a jury trial is requested only by the condemning |
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| 308 | 306 | | authority and the award of the jury exceeds ninety percent ( 90%) of |
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| 309 | 307 | | the greater of the award of the court -appointed commissioners or the |
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| 310 | 308 | | last written offer of just compensation made by the condemning |
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| 311 | 309 | | authority, the owner of any right, title, or interest in such real |
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| 312 | 310 | | property may be paid such sum as in the opinion o f the court will |
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| 313 | 311 | | reimburse such owner for his or her reasonable attorney, appraisal, |
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