{"data":{"id":"us-ok/okla.-stat.-tit.-19-19-365","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 19, § 19-365","heading":"Solid waste management – Authority of political","body":"subdivisions – Condemnation proceedings.\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\ncollection of solid waste shall be a matter of statewide interest.\n\nB. For the purpose of this section “political subdivision”\n\nshall include counties and trusts that provide or contract for solid\n\nwaste collection services.\n\nC. No political subdivision shall displace or pass an ordinance\n\nto displace a private company providing solid waste collection\n\nservice without first:\n\n1. Holding at least one public hearing seeking comment on the\n\nadvisability of the political subdivision 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 collection companies which provide service in the political\n\nsubdivision; and\n\n3. Providing public notice of the hearing.\n\nFollowing the final public hearing held pursuant to this\n\nsection, but in no event longer than one (1) year after the date of\n\nthe hearing, if the political subdivision elects to provide such\n\nsolid waste collection services and displace the private solid waste\n\ncollection company, the political subdivision shall purchase by\n\ncondemnation the private solid waste collection services as set\n\nforth in this section.\n\nD. A political subdivision shall have the authority to acquire\n\nby purchase, donation, or condemnation such interests in any private\n\ncompany providing solid waste collection services operating within\n\nthe limits of the political subdivision. The political subdivision\n\nshall give the owner of the displaced private solid waste collection\n\ncompany the opportunity to sell the displaced private solid waste\n\ncollection services to the political subdivision at an agreed upon\n\nor negotiated price or the political subdivision may acquire the\n\nbusiness by condemnation as provided in this section.\n\nE. If the political subdivision seeks to condemn the displaced\n\nprivate solid waste collection services, the district judge of the\n\ncounty in which the displaced services are located, upon petition of\n\neither party, shall direct the sheriff of the county to summon three\n\ndisinterested freeholders, to be selected by the judge as\n\ncommissioners, and who shall not have a conflict of interest. The\n\ncommissioners shall be sworn to perform their duties impartially and\n\njustly. The commissioners shall inspect the company and the\n\ndisplaced services and consider the injury which the owner may\n\nsustain by reason of the condemnation, and they shall assess the\n\njust compensation to which the owner is entitled. The commissioners\n\nshall make a report in writing to the clerk of the court, setting\n\nforth the quantity, boundaries, and just compensation for the\n\nproperty or services taken, and amount of injury done to the\n\nbusiness, either directly or indirectly, which they assess to the\n\nowner. The report shall be filed and recorded by the clerk.\n\nF. Immediately upon payment to the clerk of the court of the\n\nsum assessed by the commissioners, the political subdivision shall\n\nbe authorized to collect solid waste in the area serviced by the\n\nowner of the business. If the owner refuses to cease collection of\n\nsolid waste pursuant to this section, the court shall issue an\n\norder, upon proof, enjoining the owner from collecting solid waste\n\nin the areas subject to such condemnation.\n\nG. 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\ner from collecting solid waste\n\nin the areas subject to such condemnation.\n\nG. 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 appraisal on good cause shown. In the event a new\n\nappraisement is ordered, the political subdivision shall have the\n\ncontinuing right of possession obtained under the first appraisal,\n\nunless and until its right to condemn has finally been determined\n\notherwise. Either party may, within sixty (60) days after the\n\nfiling of such report, file with the clerk a written demand for a\n\ntrial by jury, in which case the amount of damages shall be assessed\n\nby a jury, and the trial shall be conducted and judgment entered in\n\nthe same manner as civil actions in the district court. If the\n\nparty demanding the trial does not recover a verdict more favorable\n\nto such party than the assessment of the commissioners, all costs in\n\nthe district court shall be taxed against such party. If, after the\n\nfiling of exceptions to the report of commissioners as provided in\n\nthis section, the political subdivision shall fail to establish its\n\nright to condemn such business, the owner shall be restored to\n\npossession of the business, or part thereof, and the political\n\nsubdivision shall pay the owner for any damages sustained through\n\nthe occupation by the political subdivision. If such damages cannot\n\nbe determined by amicable settlement, the damages shall be\n\ndetermined by jury trial in the same proceedings.\n\nH. 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 political subdivision 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 political\n\nsubdivision be liable for the costs on the review or appeal unless\n\nthe owner of the business shall be adjudged entitled, upon either\n\nreview or appeal, to a greater amount of damages than was awarded by\n\nthe commissioners. The political subdivision shall in all cases pay\n\nthe cost of the commissioners' fees and expenses, for their\n\nservices, as determined and ordered paid by the judge of the\n\ndistrict court in which such case is pending. However, poundage\n\nfees and condemnation fees shall only be paid by the political\n\nsubdivision in the event of appeal resulting in a jury verdict in\n\nexcess of the commissioners' award. Under no circumstances shall\n\nany poundage fees or condemnation fees be assessed against the\n\nrecipient of the award. In case of review or appeal, a certified\n\ncopy of the final order or judgment shall be transmitted by the\n\nclerk of the court to the county clerk and be filed.\n\nI. As used in this section:\n\n1. \"Displace\" or \"displacement\" means a political subdivision’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 political subdivision and\n\nprivate companies for individual contracts,\n\nb. situations where a political subdivision, at the end\n\nof a contract with a private company, does not renew\n\nthe contract 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\nts,\n\nb. situations where a political subdivision, at the end\n\nof a contract with a private company, does not renew\n\nthe contract 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 political subdivision or\n\nresulting in a substantial 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 political subdivision, 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\" shall have the same meaning as provided in\n\nSection 2-10-103 of Title 27A of the Oklahoma Statutes.","path":["OK Code","Title 19"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os19.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"527aa6d93de59e66726a035f570b126bd6d4e02556f6f2a0914c0f02cc9f79ae","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-19-19-360","next":"us-ok/okla.-stat.-tit.-19-19-371"},"notice":"GroundRules: Original legal text. Not legal advice."}