{"data":{"id":"us-ok/okla.-stat.-tit.-66-66-53","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 66, § 66-53","heading":"Taking by eminent domain - Commissioners - Appointment and","body":"proceedings - Right to construct road.\n\nA. If the owner of any real property or interest therein, over\n\nwhich any railroad corporation, incorporated under the laws of this\n\nstate, may desire to locate its road, shall refuse to grant the\n\nright-of-way through and over his premises, the district judge of\n\nthe county in which said real property may be situated shall, upon\n\nthe application or petition of either party, and after ten (10)\n\ndays' notice to the opposite party, direct the sheriff of said\n\ncounty to summon three disinterested freeholders, to be selected by\n\nsaid judge as commissioners, and who shall not be interested in a\n\nlike question.\n\nB. The condemnor shall give notice to a condemnee by personal\n\nservice or by leaving a copy of the notice at the condemnee's place\n\nof residence with some member of his family over fifteen (15) years\n\nof age, or by publication in the case of a condemnee who resides out\n\nof this state or a resident of this state who has departed herefrom\n\nwith intent to avoid service of notice, or whose whereabouts or\n\nidentity the condemnor, or his attorney, upon diligent inquiry is\n\nunable to ascertain, or an unknown heir, successor or assign of one\n\nin whom some right, title or interest in the property concerned was\n\npossessed, by publishing such notice once a week for two (2)\n\nconsecutive weeks in a newspaper authorized by law to publish legal\n\nnotices in the county where the petition is filed, the ten-day\n\nperiod to begin with the first publication. A copy of such notice\n\nand a copy of the petition shall be mailed to such opposite party's\n\nlast-known mailing address within five (5) days of the first\n\npublication thereof. The procedure for service by publication as\n\nauthorized herein shall in all other respects be as provided by law\n\nfor service by publication in civil actions, except summons need not\n\nfirst be issued.\n\nC. The commissioners shall be sworn to perform their duties\n\nimpartially and justly; and they shall inspect said real property\n\nand consider the injury which said owner may sustain by reason of\n\nthe condemnation and they shall assess the just compensation to\n\nwhich said owner is entitled; and they shall forthwith make report\n\nin writing to the clerk of the court, setting forth the quantity,\n\nboundaries, and just compensation for the property taken, and amount\n\nof injury done to the property, either directly or indirectly, which\n\nthey assess to the owner; which report must be filed and recorded by\n\nthe clerk. A certified copy of the report may be transmitted to the\n\ncounty clerk of the county where the land lies, to be by him filed\n\nand recorded, without further acknowledgment or proof, in the manner\n\nand with like force and effect as is provided for the recording of\n\ndeeds. And if said corporation shall, at any time before it enters\n\nupon said real property for the purpose of constructing said road,\n\npay to said clerk for the use of said owner the sum so assessed and\n\nreported to him as aforesaid, it shall thereby be authorized to\n\nconstruct and maintain its road over and across said premises.\n\nD. \"Just compensation\", as used in subsection C of this\n\nsection, shall mean the value of the property taken, and in\n\naddition, any injury to any part of the property not taken. Any\n\nspecial and direct benefits to the part of the property not taken\n\nmay be offset only against any injury to the property not taken. If\n\nonly a part of a tract is taken, just compensation shall be\n\nascertained by determining the difference between the fair market\n\nvalue of the whole tract immediately before the taking and the fair\n\nmarket value of that portion left remaining immediately after the\n\ntaking.","path":["OK Code","Title 66"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os66.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8525a726b5013b6ec593e387ea71ca94023bec9b28e9f4df291340016380ed1f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-66-66-52","next":"us-ok/okla.-stat.-tit.-66-66-54"},"notice":"GroundRules: Original legal text. Not legal advice."}