{"data":{"id":"us-ok/okla.-stat.-tit.-66-66-55","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 66, § 66-55","heading":"Review of commissioner's report - Jury trial - Notice -","body":"Costs.\n\nA. 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 such\n\nreport; and the court shall make such order therein as right and\n\njustice may require, either by confirmation, rejection, or by\n\nordering a new appraisement on good cause shown; or either party may\n\nwithin sixty (60) days after the filing of such report file with the\n\nclerk a written demand for a trial by jury, in which case the amount\n\nof damages shall be assessed by a jury, and the trial shall be\n\nconducted and judgment entered in the same manner as civil actions\n\nin the district court. If the party demanding such trial does not\n\nrecover a verdict more favorable to such party than the assessment\n\nof the commissioners, all costs in the district court may be taxed\n\nagainst such party.\n\nB. Within ten (10) days after the report of commissioners is\n\nfiled, the court clerk shall forward to the attorney of record for\n\nthe condemnor, the attorney of record for each condemnee, and to all\n\nunrepresented condemnees, a copy of the commissioners’ report and a\n\nnotice stating the time limits for filing an exception or demand for\n\njury trial as specified in subsection A of this section. This\n\nnotice shall be on a form prepared by the Administrative Director of\n\nthe Courts, which shall be approved by the Supreme Court, and shall\n\nbe distributed to all clerks of the district court by the\n\nAdministrative Director of the Courts. If a party has been served\n\nby publication, the clerk shall forward a copy of the report of\n\ncommissioners and notice of time limits for filing an exception or\n\ndemand for jury trial to the last-known mailing address, if any, and\n\nshall cause a copy of the notice of time limits to be published in\n\none issue of a newspaper qualified to publish legal notices, as\n\nprovided in Section 106 of Title 25 of the Oklahoma Statutes. After\n\nissuing the notices provided herein, the court clerk shall endorse\n\non the notice form filed in the case, the date and that a copy of\n\nthe report together with the notice was mailed to each party or each\n\nparty’s attorney of record, or the date the notice was published in\n\ncompliance with the provisions hereof.\n\nC. The time limits for filing an exception and demand for jury\n\ntrial, as prescribed in subsection A of this section, shall be\n\ncalculated from the date the report of the commissioners is filed in\n\nthe case. On failure of the court clerk to give notice within the\n\ntime prescribed in subsection B of this section, the court, on\n\napplication of any party, may extend the time for filing an\n\nexception to the report or a demand for trial by jury for a period\n\nnot to exceed twenty (20) days from the date the application is\n\nheard.\n\nD. If a jury trial is requested by the owner of any right,\n\ntitle, or interest in such real property, or by both such owner and\n\nthe condemning authority, and the award of the jury exceeds the\n\ngreater of the award of the court-appointed commissioners or the\n\nlast timely written offer of just compensation made by the\n\ncondemning authority by at least ten percent (10%), then the owner\n\nof any right, title, or interest in the property involved may be\n\npaid such sum as in the opinion of the court will reimburse such\n\nowner for his or her reasonable attorney, appraisal, engineering,\n\nand expert witness fees actually incurred because of the\n\ncondemnation proceedings. Such determination by the court shall be\n\nappealable to the Supreme Court in the same manner as any other\n\nfinal order. The written offer of just compensation will be\n\nconsidered timely for purposes of this subsection if it is made at\n\nany time prior to seventy-five (75) days after the report of the\n\ncourt-appointed commissioners is filed. The sum awarded shall be\nion by the court shall be\n\nappealable to the Supreme Court in the same manner as any other\n\nfinal order. The written offer of just compensation will be\n\nconsidered timely for purposes of this subsection if it is made at\n\nany time prior to seventy-five (75) days after the report of the\n\ncourt-appointed commissioners is filed. The sum awarded shall be\n\npaid by the party instituting the condemnation proceedings.\n\nE. If the final judgment is that the real property cannot be\n\nacquired by condemnation, if the party instituting the proceeding\n\nabandons such proceeding, or if a jury trial is requested only by\n\nthe condemning authority, and the award of the jury exceeds ninety\n\npercent (90%) of the greater of the award of the court-appointed\n\ncommissioners or the last written offer of just compensation made by\n\nthe condemning authority, the owner of any right, title, or interest\n\nin such real property may be paid such sum as in the opinion of the\n\ncourt will reimburse such owner for his or her reasonable attorney,\n\nappraisal, and engineering fees actually incurred because of the\n\ncondemnation proceedings. Such determination by the court shall be\n\nappealable to the Supreme Court in the same manner as any other\n\nfinal order. The written offer of just compensation will be\n\nconsidered timely for purposes of this subsection if it is made at\n\nany time prior to seventy-five (75) days after the report of the\n\ncourt-appointed commissioners is filed. The sum awarded shall be\n\npaid by the party instituting the condemnation proceedings.\n\nR.L. 1910, § 1402. Amended by Laws 1961, p. 497, § 1; Laws 1970, c.\n\n322, § 1, eff. Jan. 1, 1971; Laws 1980, c. 195, § 1, emerg. eff. May\n\n12, 1980; Laws 2025, c. 255, § 2, eff. Nov. 1, 2025.","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":"0b876e9222dbd819537c2f687a7946696bef1953c2a2be91859c315b65f19acf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-66-66-54","next":"us-ok/okla.-stat.-tit.-66-66-56"},"notice":"GroundRules: Original legal text. Not legal advice."}