{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-38-111","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-38-111","heading":"Condemnation powers","body":"A. After the adoption by the municipal governing body of an\n\nurban renewal plan and a resolution declaring that the acquisition\n\nof real property described in the plan is necessary to the execution\n\nof the plan, the Urban Renewal Authority designated as the agency to\n\nexecute such plan shall have the right to acquire by condemnation or\n\notherwise, any interest or right or combination of rights in real\n\nproperty, including a fee simple title thereto, necessary to the\n\nexecution of the approved plan. Condemnation for the urban renewal\n\nof blighted areas is declared to be a public use, and property\n\nalready devoted to any other public use or acquired by the owner or\n\nhis predecessor in interest by eminent domain may be condemned for\n\nthe purpose of this article. The award of compensation for real\n\nproperty taken for such a project shall not be increased by reason\n\nof any increase in the value of the real property caused by the\n\nassembling, clearance, reconstruction, or proposed assembly,\n\nclearance or reconstruction in the project area. No increment of\n\nvalue shall accrue to such property as the result of any illegal or\n\nunlawful use thereof. No allowance shall be made for the\n\nimprovements begun on real property after notice to the owner of\n\nsuch property or the institution of proceedings to condemn such\n\nproperty. Evidence shall be admissible bearing upon the insanitary,\n\nunsafe, or substandard condition of the premises, or the lawful use\n\nthereof.\n\nB. Except as otherwise provided by subsection C of this\n\nsection, the Urban Renewal Authority shall have the right to acquire\n\nby condemnation any interest in real property, including a fee\n\nsimple title thereto, which it may deem necessary for or in\n\nconnection with an urban renewal project under this article.\n\nC. If an Urban Renewal Authority intends to acquire unimproved\n\nreal property pursuant to the power of condemnation authorized by\n\nthis article, the Urban Renewal Authority shall specifically\n\nidentify the parcels or tracts of real property which it intends to\n\nacquire through condemnation to the governing body of the\n\nmunicipality. The governing body of the municipality shall consider\n\nthe proposed acquisition of the unimproved real property during an\n\nopen meeting and shall be required to approve the proposed\n\nacquisition by a majority vote of those persons constituting the\n\ngoverning body of the municipality. No Urban Renewal Authority\n\nshall acquire unimproved real property by condemnation unless the\n\nacquisition has been specifically approved by the governing body of\n\nthe municipality as required by this subsection. An acquisition by\n\nan Urban Renewal Authority of unimproved real property made without\n\nthe approval of the municipal governing body shall be void and\n\nnotwithstanding the completion of other proceedings an action may be\n\nmaintained by a person with a legal or equitable interest in the\n\nsubject real property to recover title to the real property or\n\npossession of the real property or both title and possession of the\n\nreal property.\n\nD. The procedure prescribed for railroad companies in Sections\n\n51 et seq., of Title 66 of the Oklahoma Statutes, shall be followed\n\nin acquiring property by eminent domain. Property already devoted\n\nto public use may be acquired in like manner; provided, that no real\n\nproperty belonging to the state or any political subdivision thereof\n\nmay be acquired without its consent.\n\nE. In the event any Urban Renewal Authority in exercising any\n\nof the powers conferred by this article makes necessary the\n\nrelocation, raising, rerouting or changing the grade of or altering\n\nthe construction of any railroad, common carrier or public utility\n\nproperty or facility, all such relocation, raising, rerouting,\n\nchanging of grade or alteration of construction shall be\n\naccomplished at the expense of the Urban Renewal Authority, provided\ncising any\n\nof the powers conferred by this article makes necessary the\n\nrelocation, raising, rerouting or changing the grade of or altering\n\nthe construction of any railroad, common carrier or public utility\n\nproperty or facility, all such relocation, raising, rerouting,\n\nchanging of grade or alteration of construction shall be\n\naccomplished at the expense of the Urban Renewal Authority, provided\n\nthat the Urban Renewal Authority shall not disturb the possession or\n\noperation of any railroad, common carrier, or public utility in or\n\nto the appropriated property or facility until the relocated\n\nproperty or facilities are available for use and until marketable\n\ntitle thereto has been transferred to the railroad, common carrier\n\nor public utility.\n\nF. In any proceeding to fix or assess compensation for damages\n\nfor the taking (or damaging) of property, or any interest therein,\n\nthrough the exercise of the power of eminent domain or condemnation,\n\nevidence or testimony bearing upon the following matters shall be\n\nadmissible and shall be considered in fixing such compensation or\n\ndamages, in addition to evidence or testimony otherwise admissible:\n\n1. Any use, condition, occupancy, or operation of such\n\nproperty, which is unlawful or violative of, or subject to\n\nelimination, abatement, prohibition, or correction under, any law or\n\nany ordinance or regulatory measure of the state, county,\n\nmunicipality, other political subdivision, or any agency thereof, in\n\nwhich such property is located, as being unsafe, substandard,\n\ninsanitary or otherwise contrary to the public health, safety, or\n\nwelfare; and\n\n2. The effect on the value of such property, or any such use,\n\ncondition, occupancy, or operation, or of the elimination,\n\nabatement, prohibition, or correction of any such use, condition,\n\noccupancy, or operation.\n\nG. The foregoing testimony and evidence shall be admissible\n\nnotwithstanding that no action has been taken by any public body or\n\npublic officer toward the occupancy or operation. Testimony or\n\nevidence that any public officer charged with the duty or authority\n\nto do so has rendered, made or issued any judgment, decree,\n\ndetermination or order for the abatement, prohibition, elimination\n\nor correction of any such use, condition, occupancy, or operation\n\nshall be admissible and shall be prima facie evidence of the\n\nexistence and character of such use, condition or operation.\n\nH. In any condemnation proceedings in which a jury trial is\n\nhad, if the verdict of the jury exceeds the award of the court\n\nappointed commissioners, the court may award a reasonable attorney\n\nfee to the defendant or defendants, which shall be paid by the\n\ncondemner.","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":"71aff0e6f75ab44886df52f78ee2488fca6f754b32c023a69d94a906bfcf8cd6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-38-110","next":"us-ok/okla.-stat.-tit.-11-11-38-112"},"notice":"GroundRules: Original legal text. Not legal advice."}