Old	New	Differences
1	1
2	2
3	3	Req. No. 10770 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 60th Legislature (2025)
31	31
32	32	HOUSE BILL 2089 By: Kane
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	AS INTRODUCED
41	41
42	42	An Act relating to eminent domain; amending 27 O.S.
43	43	2021, Section 11, which relates reimbursement of
44	44	expenses when property not acquired under
45	45	condemnation process; expanding to include right -of-
46	46	way for oil and gas pipelines; providing when certain
47	47	expenses may be reimbursed; amending 66 O.S. 2021,
48	48	Section 55, which relates the review of review of
49	49	commissioner's report, eminent domain jury trials,
50	50	notice, and costs; providing when certain expenses
51	51	may be reimbursed; and providing an effective date .
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	61	SECTION 1. AMENDATORY 27 O.S. 2021, Section 11, is
62	62	amended to read as follows:
63	63	Section 11. Where a condemnation proceeding is instituted by
64	64	any person, agency or other entity to acquire real property for use
65	65	as provided in Section 9 of this title or Sections 52, 60, or 61 of
66	66	Title 52 and:
67	67
68	68	Req. No. 10770 Page 2 1
69	69	2
70	70	3
71	71	4
72	72	5
73	73	6
74	74	7
75	75	8
76	76	9
77	77	10
78	78	11
79	79	12
80	80	13
81	81	14
82	82	15
83	83	16
84	84	17
85	85	18
86	86	19
87	87	20
88	88	21
89	89	22
90	90	23
91	91	24
92	92
93	93	1. The final judgment is that the real property cannot be
94	94	acquired by condemnation;
95	95	2. The proceeding is abandoned; or
96	96	3. If the award of the jury exceeds the greater of the award of
97	97	the court-appointed commissioners or the last written offer of just
98	98	compensation made by the condemning authority by at least ten
99	99	percent (10%), the owner of any right, title or interest in such
100	100	real property may be paid such sum as in the opinion of the court
101	101	will reimburse such owner for his their reasonable attorney,
102	102	appraisal and engineering fees, actually incurred by written
103	103	contract because of the condemnation proceedings. Such
104	104	determination by the court shall be appealable to the Supreme Court
105	105	in the same manner as any other final order. The final award of
106	106	such sums will be paid by the person, agency or other entity which
107	107	sought to condemn the property.
108	108	SECTION 2. AMENDATORY 66 O.S. 2021, Section 55, is
109	109	amended to read as follows:
110	110	Section 55. (A) A. The report of the commissioners may be
111	111	reviewed by the district court, on written exceptions filed by
112	112	either party, in the clerk 's office within thirty (30) days after
113	113	the filing of such report; and the court shall make such order
114	114	therein as right and justice may require, either by confirmation,
115	115	rejection or by ordering a new appraisement on good cause shown; or
116	116	either party may within sixty (60) days after the filing of such
117	117
118	118	Req. No. 10770 Page 3 1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142
143	143	report file with the clerk a written demand for a trial by jury, in
144	144	which case the amount of damages shall be assessed by a jury, and
145	145	the trial shall be conducted and judgment entered in the same manner
146	146	as civil actions in the district court. If the party demanding such
147	147	trial does not recover a verdict more favorable to him such party
148	148	than the assessment of the commissioners, all costs in t he district
149	149	court may be taxed against him such party.
150	150	(B) B. Within ten (10) days after the report of commissioners
151	151	is filed, the court clerk shall forward to the attorney of record
152	152	for the condemnor, the attorney of record for each condemnee, and to
153	153	all unrepresented condemnees, a copy of the commissioners ' report
154	154	and a notice stating the time limits for filing an exception or
155	155	demand for jury trial as specified in paragraph (A) subsection A of
156	156	this section. This notice shall be on a form prepared by the Court
157	157	Administrator, which shall be approved by the Supreme Court, and
158	158	shall be distributed to all clerks of the district court by said the
159	159	Court Administrator. If a party has been served by publication, the
160	160	clerk shall forward a copy of the report of co mmissioners and notice
161	161	of time limits for filing an exception or demand for ju ry trial to
162	162	the last-known mailing address, if any, and shall cause a copy of
163	163	the notice of time limits to be published in one (1) issue of a
164	164	newspaper qualified to publish legal notices, as defined in Section
165	165	106 of Title 25 of the Oklahoma statutes . After issuing the notices
166	166	provided herein, the court clerk shall endorse on the notice form
167	167
168	168	Req. No. 10770 Page 4 1
169	169	2
170	170	3
171	171	4
172	172	5
173	173	6
174	174	7
175	175	8
176	176	9
177	177	10
178	178	11
179	179	12
180	180	13
181	181	14
182	182	15
183	183	16
184	184	17
185	185	18
186	186	19
187	187	20
188	188	21
189	189	22
190	190	23
191	191	24
192	192
193	193	filed in the case, the date and that a copy of the report together
194	194	with the notice was ma iled to each party or his each party's
195	195	attorney of record, or the date the not ice was published in
196	196	compliance with the provisions hereof.
197	197	(C) C. The time limits for filing an exception and demand for
198	198	jury trial, as prescribed in paragraph (A) subsection A of this
199	199	section, shall be calculated from the date the report of the
200	200	commissioners is filed in the case. On failure of the court clerk
201	201	to give notice within the time prescribed in paragraph (B)
202	202	subsection B of this section, the court, on application of a ny
203	203	party, may extend the time for filing an exception to the report or
204	204	a demand for trial by jury for a period not to exceed twenty (20)
205	205	days from the date the application is heard.
206	206	(D) D. Where the party instituting a condemnation proceeding
207	207	abandons such proceeding, or where the final judgment is that the
208	208	real property cannot be acquired by condemnation or if the award of
209	209	the jury exceeds the greater of the award of the court -appointed
210	210	commissioners or the last written offer of just compensation made by
211	211	the condemning authority by at least ten percent (10%), then the
212	212	owner of any right, title or interest in the property involved may
213	213	be paid such sum as in the opinion of the court will reimburse such
214	214	owner for his reasonable attorney, appraisal, engineerin g, and
215	215	expert witness fees actually incurred by written contract because of
216	216
217	217	Req. No. 10770 Page 5 1
218	218	2
219	219	3
220	220	4
221	221	5
222	222	6
223	223	7
224	224	8
225	225	9
226	226	10
227	227	11
228	228	12
229	229	13
230	230	14
231	231	15
232	232	16
233	233	17
234	234	18
235	235	19
236	236	20
237	237	21
238	238	22
239	239	23
240	240	24
241	241
242	242	the condemnation proceeding. The sum awarded shall be paid by the
243	243	party instituting the condemnation proceeding.
244	244	SECTION 3. This act shall become effective Novemb er 1, 2025.
245	245
246	246	60-1-10770 JL 01/07/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2089 Compare Versions