| 44 | 66 | | 2021, Section 1203, which relates to acquisition of |
|---|
| 45 | 67 | | lands or interests by purchase, dona tion, or |
|---|
| 46 | 68 | | condemnation; creating certain time limit for certain |
|---|
| 47 | 69 | | liability; updating statutory language; providing an |
|---|
| 48 | 70 | | effective date; and declaring an emergency . |
|---|
| 49 | 71 | | |
|---|
| 50 | 72 | | |
|---|
| 51 | 73 | | |
|---|
| 52 | 74 | | |
|---|
| 53 | 75 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
|---|
| 54 | 76 | | SECTION 1. AMENDATORY 69 O.S. 2021, Section 1203, is |
|---|
| 55 | 77 | | amended to read as follows: |
|---|
| 56 | 78 | | Section 1203. (a) A. The Department shall have authority to |
|---|
| 57 | 79 | | acquire in fee simple in the name of the State of Oklahoma, by |
|---|
| 58 | 80 | | purchase, donation or condemnation, lands or such inte rests therein |
|---|
| 59 | 81 | | as in its discretion may be necessary for the purpose of |
|---|
| 60 | 82 | | establishing, constructing , and maintaining state highways or |
|---|
| 61 | 83 | | relocations thereof, and facilities necessary or incident thereto, |
|---|
| 62 | 84 | | including borrow areas, channel changes , and deposits of rock, |
|---|
| 63 | 85 | | gravel, sand and other road building material for use in highway |
|---|
| 64 | 86 | | construction and maintenance. Such acquisition may be for immediate |
|---|
| 93 | 139 | | land adjacent to its normal right -of-way for the purpose of |
|---|
| 94 | 140 | | screening unsightly areas adjacent to highways, landscaping safety , |
|---|
| 95 | 141 | | rest areas, and scenic overlook areas. |
|---|
| 96 | 142 | | (b) B. In determining the amount of land required, or width of |
|---|
| 97 | 143 | | right-of-way necessary for such state highways, the Department shall |
|---|
| 98 | 144 | | take into consideration the present and probable future needs in |
|---|
| 99 | 145 | | connection with maintaining and reconstructing the highways, and the |
|---|
| 100 | 146 | | prevention of traffic congestion and hazards. |
|---|
| 101 | 147 | | (c) C. Except in instances where there are nonresident owners, |
|---|
| 102 | 148 | | unknown heirs, imperfect titles, and owners whose whereabouts cannot |
|---|
| 103 | 149 | | be ascertained with reasonable diligence, the Department shall give |
|---|
| 104 | 150 | | the owner an opportunity to sell the necessary lands or interests |
|---|
| 105 | 151 | | therein to the State of Oklahoma before resort to condemnation may |
|---|
| 106 | 152 | | be had. The Department may condemn such lands or interests therein |
|---|
| 107 | 153 | | in the following manner: |
|---|
| 108 | 154 | | The district judge of the county in which the real property may |
|---|
| 109 | 155 | | be situated, upon petition of either party, and after ten (10) days ’ |
|---|
| 110 | 156 | | notice to the opposite party, eith er by personal service or by |
|---|
| 111 | 157 | | leaving a copy thereof at his usual place of residence with some |
|---|
| 112 | 158 | | member of his family over fifteen (15) years of age, or, in the case |
|---|
| 113 | 159 | | of nonresidents, unknown heirs or other persons whose whereabouts |
|---|
| 114 | 160 | | cannot be ascertained, by p ublication in two issues of a newspaper |
|---|
| 115 | 161 | | in general circulation in the county ( the ten-day period to begin |
|---|
| 144 | 214 | | to summon three disinterested freeholders, to be selected by the |
|---|
| 145 | 215 | | judge as commissioners, and who shall not be interested in a like |
|---|
| 146 | 216 | | question. The commissioners shall be sworn to perform their duties |
|---|
| 147 | 217 | | impartially and justly; and they shall inspect the real property and |
|---|
| 148 | 218 | | consider the injury which the owner may sustain by reason of the |
|---|
| 149 | 219 | | condemnation, and they shall assess the just compensation to which |
|---|
| 150 | 220 | | the owner is entitled; and they shall forthwith make a report in |
|---|
| 151 | 221 | | writing to the clerk of the court, setting forth the quantity, |
|---|
| 152 | 222 | | boundaries and just compensation for the property taken, and amoun t |
|---|
| 153 | 223 | | of injury done to the property, either directly or indirectly, which |
|---|
| 154 | 224 | | they assess to the owner, which report must be filed and recorded by |
|---|
| 155 | 225 | | the clerk. A certified copy of the report may be transmitted to the |
|---|
| 156 | 226 | | county clerk of the county where the land lies, to be filed and |
|---|
| 157 | 227 | | recorded by the county clerk (without further acknowledgment or |
|---|
| 158 | 228 | | proof) in the same manner and with like force and effect as is |
|---|
| 159 | 229 | | provided for the recording of deeds. The procedure for service by |
|---|
| 160 | 230 | | publication as authorized herein shall be the same as provided by |
|---|
| 161 | 231 | | law for service by publication in civil actions, except summons need |
|---|
| 162 | 232 | | not be issued and served, and except as otherwise provided herein. |
|---|
| 163 | 233 | | (d) D. Immediately upon payment to the clerk of the court for |
|---|
| 164 | 234 | | the use of the owner the sum so asse ssed and reported to the court |
|---|
| 165 | 235 | | clerk as aforesaid, the Department shall thereb y be authorized to |
|---|
| 166 | 236 | | enter upon the condemned premises, and remove and dispose of any |
|---|
| 195 | 289 | | refuse to deliver up posse ssion to the Department, the court shall |
|---|
| 196 | 290 | | issue an order to the sheriff of the county to place the Department |
|---|
| 197 | 291 | | in possession thereof. |
|---|
| 198 | 292 | | (e) E. (1) 1. The report of commissioners may be reviewed by |
|---|
| 199 | 293 | | the district court, on written exceptions filed by either par ty in |
|---|
| 200 | 294 | | the clerk’s office within thirty (30) days after the filing of such |
|---|
| 201 | 295 | | report, and the court, after hearing had, shall make such order |
|---|
| 202 | 296 | | therein as right and justice may require, either by confirmation, |
|---|
| 203 | 297 | | rejection or by ordering a new appraisement on good cause shown. |
|---|
| 204 | 298 | | Provided, that in the event a new appraisement is ordered, the |
|---|
| 205 | 299 | | Department shall have the continuing right of possession obtained |
|---|
| 206 | 300 | | under the first appraisal, unless and until its right to condemn has |
|---|
| 207 | 301 | | finally been determined otherwise; or either party may within sixty |
|---|
| 208 | 302 | | (60) days after the filing of such report file with th e clerk a |
|---|
| 209 | 303 | | written demand for a trial by jury, in which case the amount of |
|---|
| 210 | 304 | | damages shall be assessed by a jury, and the trial shall be |
|---|
| 211 | 305 | | conducted and judgment entered in the same m anner as civil actions |
|---|
| 212 | 306 | | in the district court. If the party demanding such trial does not |
|---|
| 213 | 307 | | recover a verdict more favorable to the party than the assessment of |
|---|
| 214 | 308 | | the commissioners, all costs in the district court shall be taxed |
|---|
| 215 | 309 | | against the party. No owner up on whom proper service by publication |
|---|
| 216 | 310 | | has been had, as provided in this title, shall be let in to defend |
|---|
| 217 | 311 | | after expiration of time for appeal or review of the report of |
|---|
| 246 | 364 | | after the filing of exc eptions to the report of commissioners as |
|---|
| 247 | 365 | | hereinafter provided, the Department shall fail to establish its |
|---|
| 248 | 366 | | right to condemn such premises, or any part thereof, the landowner |
|---|
| 249 | 367 | | shall be restored to possession of the premises, or part thereof, |
|---|
| 250 | 368 | | and the Department shall pay for any damages sustained through the |
|---|
| 251 | 369 | | occupation by the Departmen t, and if such damages cannot be |
|---|
| 252 | 370 | | determined by amicable settlement they shall be determined by jury |
|---|
| 253 | 371 | | trial in the same proceedings. |
|---|
| 254 | 372 | | (2) 2. Within ten (10) days after the Report o f Commissioners |
|---|
| 255 | 373 | | is filed, the court clerk shall forward to the attorney of record |
|---|
| 256 | 374 | | for the condemnor, the attorney of record for each condemnee, and to |
|---|
| 257 | 375 | | all unrepresented condemnees, a copy of the commissioners ’ report |
|---|
| 258 | 376 | | and a notice, stating the time limits f or filing an exception or |
|---|
| 259 | 377 | | demand for jury trial as specified in paragraph (A) of Section 55 of |
|---|
| 260 | 378 | | Title 66 of the Oklahoma Statutes. The attorney of record for the |
|---|
| 261 | 379 | | condemnor shall provide the clerk of the court with the names and |
|---|
| 262 | 380 | | last-known addresses of the parties to whom notice and the report of |
|---|
| 263 | 381 | | the commissioners shall be mailed, sufficient copies of the notice |
|---|
| 264 | 382 | | and report to be mailed, and pre -addressed, postage-paid envelopes. |
|---|
| 265 | 383 | | This notice shall be on a form prepared by the Court Administrator, |
|---|
| 266 | 384 | | which shall be approved by the Supreme Court, and shall be |
|---|
| 267 | 385 | | distributed to all clerks of t he district court by the Court |
|---|
| 268 | 386 | | Administrator. If a party has been served by publication, the clerk |
|---|
| 297 | 439 | | time limits for filing an exception or demand for jury trial to the |
|---|
| 298 | 440 | | last-known mailing address, if any, and shall cause a copy of the |
|---|
| 299 | 441 | | notice of time limits to be published in one issue of a newspaper |
|---|
| 300 | 442 | | qualified to publish legal notices, as defined in Section 106 of |
|---|
| 301 | 443 | | Title 25 of the Oklahoma Statutes. After issuing the notices |
|---|
| 302 | 444 | | provided herein the court clerk shall endorse on the notice form |
|---|
| 303 | 445 | | filed in the case the date and that a copy of the report together |
|---|
| 304 | 446 | | with the notice form filed in the case was forwarded to each |
|---|
| 305 | 447 | | condemnee and each attorney of record, or the date the notice was |
|---|
| 306 | 448 | | published in compliance with the provisions hereof. |
|---|
| 307 | 449 | | (3) 3. The time limits for filing an exception and demand for |
|---|
| 308 | 450 | | jury trial, as prescribed in paragraph (A) of Section 55 of Title 66 |
|---|
| 309 | 451 | | of the Oklahoma Statutes, shall be calculated from the date the |
|---|
| 310 | 452 | | report of the commissione rs is filed in the case. On failure of the |
|---|
| 311 | 453 | | court clerk to give notice within the time prescribed in paragraph |
|---|
| 312 | 454 | | (B) of Section 55 of Title 66 of the Oklahoma Statutes, the court, |
|---|
| 313 | 455 | | on application of any party, may extend the time for filing an |
|---|
| 314 | 456 | | exception to the report, or a demand for trial by jury for a period |
|---|
| 315 | 457 | | not to exceed twenty (20) days from the date the application is |
|---|
| 316 | 458 | | heard. |
|---|
| 317 | 459 | | (f) F. Either party aggrieved may appeal to the Supre me Court |
|---|
| 318 | 460 | | from the decision of the district court on exceptions to the report |
|---|
| 319 | 461 | | of commissioners, or jury trial; but such review or appeal shall not |
|---|
| 348 | 514 | | in question if the award of commissioners, or jury, as the case may |
|---|
| 349 | 515 | | be, has been deposited with the clerk for such owner, and in no case |
|---|
| 350 | 516 | | shall the Department be liable for the costs on such review or |
|---|
| 351 | 517 | | appeal unless the owner of the real property shall be adjudged |
|---|
| 352 | 518 | | entitled, upon either review or app eal, to a greater amount of |
|---|
| 353 | 519 | | damages than was awarded by the commissioners. Th e Department shall |
|---|
| 354 | 520 | | in all cases pay the cost of the commissioners ’ fees and expenses, |
|---|
| 355 | 521 | | for their services, as determined and ordered paid by the judge of |
|---|
| 356 | 522 | | the district court in whi ch such case is pending, however, poundage |
|---|
| 357 | 523 | | fees and condemnation fees shall only be paid by the Department in |
|---|
| 358 | 524 | | the event of appeal resulting in a jury verdict in excess of the |
|---|
| 359 | 525 | | commissioners’ award, but under no circumstances shall any poundage |
|---|
| 360 | 526 | | fees or condemnation fees be assessed against the recipient of the |
|---|
| 361 | 527 | | award. And in case of r eview or appeal, a certified copy of the |
|---|
| 362 | 528 | | final order or judgment shall be transmitted by the clerk of the |
|---|
| 363 | 529 | | court, duly certified, to the proper county clerk, to be filed and |
|---|
| 364 | 530 | | recorded as hereinabove provided for the recording of the report, |
|---|
| 365 | 531 | | and with like effect. |
|---|
| 366 | 532 | | (g) G. When an estate is being probated, or a minor or |
|---|
| 367 | 533 | | incompetent person has a legal guardian, the administrator or |
|---|
| 368 | 534 | | executor of the estate, or guardian of the minor or inc ompetent |
|---|
| 369 | 535 | | person, shall have the authority to execute all instruments of |
|---|
| 370 | 536 | | conveyance provided for in this title on behalf of the estate, minor |
|---|
| 399 | 589 | | judge of the district court endorsed on the in strument of |
|---|
| 400 | 590 | | conveyance. |
|---|
| 401 | 591 | | (h) H. “Just compensation”, as used in this section, shall mean |
|---|
| 402 | 592 | | the value of the property taken, and in addition, any injury to any |
|---|
| 403 | 593 | | part of the property not taken. Any special and direct benefits to |
|---|
| 404 | 594 | | the part of the property not ta ken may be offset only against any |
|---|
| 405 | 595 | | injury to the property not taken. If only a part of a tract is |
|---|
| 406 | 596 | | taken, just compensation shall be ascertained by determining the |
|---|
| 407 | 597 | | difference between the fair market value of the whole tract |
|---|
| 408 | 598 | | immediately before the taking an d the fair market value of that |
|---|
| 409 | 599 | | portion left remaining immediately after the taking. |
|---|
| 410 | 600 | | (i) I. 1. In the event that the determination of just |
|---|
| 411 | 601 | | compensation of a property is less than the commissioners ’ award for |
|---|
| 412 | 602 | | such real property, any mortgagee or lien hold er who received |
|---|
| 413 | 603 | | payment from the commissioners ’ award in an amount in excess o f the |
|---|
| 414 | 604 | | finding of just compensation value of the real property taken will |
|---|
| 415 | 605 | | only be liable for and required to pay back to the condemnor no more |
|---|
| 416 | 606 | | than the difference between what was actually received by the |
|---|
| 417 | 607 | | mortgagee or lien holder from the commissioners ’ award and the |
|---|
| 418 | 608 | | jury’s just compensation value. |
|---|
| 419 | 609 | | 2. In all respects a mortgagee or lien holder will only be |
|---|
| 420 | 610 | | liable to return to the condemnor any sums actually paid to and |
|---|
| 421 | 611 | | received by such party in excess of the determination of just |
|---|
| 450 | 664 | | remain liable to the mortgagee or lien holder for the excess that is |
|---|
| 451 | 665 | | paid by the mortgagee or lienholder to the condemning authority. |
|---|
| 452 | 666 | | 3. The mortgagee or lien holder shall only be liable for and |
|---|
| 453 | 667 | | required to pay back to the condemnor the monies required in |
|---|
| 454 | 668 | | paragraph 1 of this subsection if such determination of just |
|---|
| 455 | 669 | | compensation is made within one (1) year of the mortgagee or lien |
|---|
| 456 | 670 | | holder receiving payment from the commissioners ’ award. |
|---|
| 457 | 671 | | SECTION 2. This act shall become effective July 1, 2025. |
|---|
| 458 | 672 | | SECTION 3. It being immediately necessary for the preservation |
|---|
| 459 | 673 | | of the public peace, health or safety, an emergency is here by |
|---|
| 460 | 674 | | declared to exist, by reason whereof this act shall take effect and |
|---|
| 461 | 675 | | be in full force from and after its passage and approval. |
|---|