{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-22-105.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-22-105.1","heading":"Displacing private company providing solid waste","body":"collection service - Notice and hearing - Acquisition by purchase,\n\ndonation, or condemnation - Judicial review of report of\n\ncommissioners.\n\nA. Pursuant to Section 2-10-102 of Title 27A of the Oklahoma\n\nStatutes, it is the policy of this state to regulate the management\n\nof solid waste in order to protect the public health, safety and\n\nwelfare. For this purpose and for purposes of this section, the\n\nmanagement of solid waste shall be a matter of statewide interest.\n\nB. No municipality shall displace or pass an ordinance to\n\ndisplace a private company providing solid waste service without\n\nfirst:\n\n1. Holding at least one public hearing seeking comment on the\n\nadvisability of the municipality providing such service;\n\n2. Providing at least forty-five (45) days written notice of\n\nthe hearing, delivered by first-class mail to all private solid\n\nwaste companies which provide service in the municipality; and\n\n3. Providing public notice of the hearing.\n\nFollowing the final public hearing held pursuant to this section,\n\nbut in no event longer than one (1) year after the date of the\n\nhearing, if the municipality elects to provide such solid waste\n\nservices and displace the private solid waste services company, the\n\nmunicipality shall purchase by condemnation the private solid waste\n\nservices as set forth in this section.\n\nC. A municipality shall have the authority to acquire by\n\npurchase, donation, or condemnation such interests in any private\n\ncompany providing solid waste services operating within the limits\n\nof the municipality. The municipality shall give the owner of the\n\ndisplaced private solid waste company the opportunity to sell the\n\ndisplaced private solid waste services to the municipality at an\n\nagreed upon or negotiated price or the municipality may acquire the\n\nbusiness by condemnation as provided in this section.\n\nD. If the municipality seeks to condemn the displaced private\n\nsolid waste services, the district judge of the county in which the\n\ndisplaced services are located, upon petition of either party, shall\n\ndirect the sheriff of the county to summon three disinterested\n\nfreeholders, to be selected by the judge as commissioners, and who\n\nshall not have a conflict of interest. The commissioners shall be\n\nsworn to perform their duties impartially and justly. The\n\ncommissioners shall inspect the company and the displaced services\n\nand consider the injury which the owner may sustain by reason of the\n\ncondemnation, and they shall assess the just compensation to which\n\nthe owner is entitled. The commissioners shall make a report in\n\nwriting to the clerk of the court, setting forth the quantity,\n\nboundaries, and just compensation for the property or services\n\ntaken, and amount of injury done to the business, either directly or\n\nindirectly, which they assess to the owner. The report shall be\n\nfiled and recorded by the clerk.\n\nE. Immediately upon payment to the clerk of the court of the\n\nsum assessed by the commissioners, the municipality shall be\n\nauthorized to provide solid waste services in the area serviced by\n\nthe owner of the business. If the owner refuses to cease providing\n\nthe solid waste services pursuant to this section, the court shall\n\nissue an order, upon proof, enjoining the owner from providing the\n\nsolid waste services in the areas subject to such condemnation.\n\nF. The report of the commissioners may be reviewed by the\n\ndistrict court, on written exceptions filed by either party in the\n\nclerk's office within thirty (30) days after the filing of the\n\nreport. The court, after a hearing, shall make such order as right\n\nand justice may require, either by confirmation, rejection, or by\n\nordering a new appraisement on good cause shown. In the event a new\n\nappraisement is ordered, the municipality shall have the continuing\n\nright of possession obtained under the first appraisal, unless and\nrk's office within thirty (30) days after the filing of the\n\nreport. The court, after a hearing, shall make such order as right\n\nand justice may require, either by confirmation, rejection, or by\n\nordering a new appraisement on good cause shown. In the event a new\n\nappraisement is ordered, the municipality shall have the continuing\n\nright of possession obtained under the first appraisal, unless and\n\nuntil its right to condemn has finally been determined otherwise.\n\nEither party may, within sixty (60) days after the filing of such\n\nreport, file with the clerk a written demand for a trial by jury, in\n\nwhich case the amount of damages shall be assessed by a jury, and\n\nthe trial shall be conducted and judgment entered in the same manner\n\nas civil actions in the district court. If the party demanding the\n\ntrial does not recover a verdict more favorable to such party than\n\nthe assessment of the commissioners, all costs in the district court\n\nshall be taxed against such party. If, after the filing of\n\nexceptions to the report of commissioners as provided in this\n\nsection, the municipality shall fail to establish its right to\n\ncondemn such business, the owner shall be restored to possession of\n\nthe business, or part thereof, and the municipality shall pay the\n\nowner for any damages sustained through the occupation by the\n\nmunicipality. If such damages cannot be determined by amicable\n\nsettlement, the damages shall be determined by jury trial in the\n\nsame proceedings.\n\nG. Either party aggrieved may appeal to the Supreme Court from\n\nthe decision of the district court on exceptions to the report of\n\ncommissioners, or jury trial. The review or appeal shall not delay\n\nthe work of the municipality in question if the award of\n\ncommissioners, or jury, as the case may be, has been deposited with\n\nthe clerk for such owner. In no case shall the municipality be\n\nliable for the costs on the review or appeal unless the owner of the\n\nbusiness shall be adjudged entitled, upon either review or appeal,\n\nto a greater amount of damages than was awarded by the\n\ncommissioners. The municipality shall in all cases pay the cost of\n\nthe commissioners' fees and expenses, for their services, as\n\ndetermined and ordered paid by the judge of the district court in\n\nwhich such case is pending. However, poundage fees and condemnation\n\nfees shall only be paid by the municipality in the event of appeal\n\nresulting in a jury verdict in excess of the commissioners' award.\n\nUnder no circumstances shall any poundage fees or condemnation fees\n\nbe assessed against the recipient of the award. In case of review\n\nor appeal, a certified copy of the final order or judgment shall be\n\ntransmitted by the clerk of the court to the county clerk and be\n\nfiled.\n\nH. As used in this section:\n\n1. \"Displace\" or \"displacement\" means a municipality's\n\nprovision of a service which prohibits a private company from\n\nproviding the same service and which the company is providing at the\n\ntime the decision to displace is made. Displace or displacement\n\ndoes not mean:\n\na. competition between the municipality and private\n\ncompanies for individual contracts,\n\nb. situations where a municipality, at the end of a\n\ncontract with a private company, does not renew the\n\ncontract and either awards the contract to another\n\nprivate company, or, decides to provide for such\n\nservices itself,\n\nc. situations where action is taken against the private\n\ncompany because the company has acted in a manner\n\nthreatening to the public health, safety and welfare\n\nof the citizens of the municipality or resulting in a\n\nsubstantial public nuisance,\n\nd. situations where action is taken against the private\n\ncompany because the company has materially breached\n\nits contract with the municipality, or\n\ne. entering into a contract with a private company to\n\nprovide solid waste collection so long as the contract\n\nis not entered into pursuant to an ordinance which\nre\n\nof the citizens of the municipality or resulting in a\n\nsubstantial public nuisance,\n\nd. situations where action is taken against the private\n\ncompany because the company has materially breached\n\nits contract with the municipality, or\n\ne. entering into a contract with a private company to\n\nprovide solid waste collection so long as the contract\n\nis not entered into pursuant to an ordinance which\n\ndisplaces or authorizes the displacement of another\n\nprivate company providing solid waste collection;\n\n2. \"Just compensation\" means the value of the business taken,\n\nand in addition, any injury to any part of the business not taken.\n\nAny special and direct benefits to the part of the business not\n\ntaken may be offset only against any injury to the business not\n\ntaken. If only a part of the business is taken, just compensation\n\nshall be ascertained by determining the difference between the fair\n\nmarket value of the whole business immediately before the taking and\n\nthe fair market value of that portion left remaining immediately\n\nafter the taking; and\n\n3. \"Solid waste\" means all putrescible and nonputrescible\n\nrefuse in solid, semisolid, or liquid form including, but not\n\nlimited to, garbage, rubbish, ashes or incinerator residue, street\n\nrefuse, dead animals, demolition wastes, construction wastes,\n\nroofing material, solid or semisolid commercial and industrial\n\nwastes including explosives, biomedical wastes, chemical wastes,\n\nherbicide and pesticide wastes, organics, scrap materials, and\n\nmaterials that are destined for recycling, reuse, conversion, or\n\nprocessing, whether source separated or not.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"50f7d7a039f9eeb2d8eec21389d747f7b435e8e40d959923a10028e858f48883","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-22-105","next":"us-ok/okla.-stat.-tit.-11-11-22-106"},"notice":"GroundRules: Original legal text. Not legal advice."}