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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2089 By: Kane
AS INTRODUCED
An Act relating to eminent domain; amending 27 O.S.
2021, Section 11, which relates reimbursement of
expenses when property not acquired under
condemnation process; expanding to include right -of-
way for oil and gas pipelines; providing when certain
expenses may be reimbursed; amending 66 O.S. 2021,
Section 55, which relates the review of review of
commissioner's report, eminent domain jury trials,
notice, and costs; providing when certain expenses
may 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 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 Sections 52, 60, or 61 of
Title 52 and:
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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 greater of the award of
the court-appointed commissioners or the last 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 court
will reimburse such owner for his their reasonable attorney,
appraisal 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 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
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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 t he 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 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 co mmissioners and notice
of time limits for filing an exception or demand for ju ry 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
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filed in the case, the date and that a copy of the report together
with the notice was ma iled to each party or his each party's
attorney of record, or the date the not ice 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
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 court, on application of a ny
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 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 greater of the award of the court -appointed
commissioners or the last written offer of just compensation made by
the condemning authority 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 for his reasonable attorney, appraisal, engineerin g, and
expert witness fees actually incurred by written contract because of
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the condemnation proceeding. The sum awarded shall be paid by the
party instituting the condemnation proceeding.
SECTION 3. This act shall become effective Novemb er 1, 2025.
60-1-10770 JL 01/07/25