{"data":{"id":"us-ok/okla.-stat.-tit.-69-69-1708","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 69, § 69-1708","heading":"Condemnation proceedings","body":"(a) Except in instances where there are nonresident owners,\n\nunknown heirs, imperfect titles, and owners whose whereabouts cannot\n\nbe ascertained with reasonable diligence, the Authority shall give\n\nthe owner an opportunity to sell the necessary land or interests\n\ntherein to the Authority before resort to condemnation may be had.\n\n(b) The Authority may condemn such lands or interests therein\n\nin the following manner:\n\n(1) The district judge of the county in which the real property\n\nmay be situated, upon petition of either party, and after ten (10)\n\ndays' notice to the opposite party, either by personal service or by\n\nleaving a copy thereof at his usual place of residence with some\n\nmember of his family over fifteen (15) years of age, or, in the case\n\nof nonresidents, unknown heirs, or other persons whose whereabouts\n\ncannot be ascertained, by publication in two issues of a weekly\n\nnewspaper in general circulation in the county (the ten-day period\n\nto begin with the first publication), shall direct the sheriff of\n\nthe county to summons three disinterested freeholders, to be\n\nselected by the judge as commissioners, and who shall not be\n\ninterested in a like question. The commissioners shall be sworn to\n\nperform their duties impartially and justly; and they shall inspect\n\nthe real property and consider the just compensation to which the\n\nowner is entitled, and they shall forthwith make report in writing\n\nto the clerk of the court, setting forth the quantity, boundaries\n\nand just compensation for the property taken, and amount of injury\n\ndone to the property, either directly or indirectly, which they\n\nassess to the owner; which report must be filed and recorded by the\n\nclerk, and a certified copy thereof may be transmitted to the county\n\nclerk of the county where the land lies, to be by him filed and\n\nrecorded (without further acknowledgment of proof) in the same\n\nmanner and with like force and effect as is provided for the\n\nrecording of deeds. Procedure for service by publication as\n\nauthorized herein shall be the same as provided by law for service\n\nby publication in civil actions, except summons need not be issued\n\nand served, and except as otherwise provided herein. Within ten\n\n(10) days after the report of commissioners is filed, the court\n\nclerk shall forward to the attorney of record for the condemnor, the\n\nattorney of record for each condemnee, and to all unrepresented\n\ncondemnees a copy of the commissioners' report and a notice stating\n\nthe time limits for filing an exception or demand for jury trial.\n\nThis notice shall be on a form prepared by the court administrator,\n\nwhich shall be approved by the Supreme Court, and shall be\n\ndistributed to all clerks of the district court by said court\n\nadministrator. If a party has been served by publication, the clerk\n\nshall forward a copy of the report of commissioners and notice of\n\ntime limits for filing an exception or demand for jury trial to the\n\nlast-known mailing address, if any, and shall cause a copy of the\n\nnotice of time limits to be published in one issue of a newspaper\n\nqualified to publish legal notices, as defined in Section 106 of\n\nTitle 25 of the Oklahoma Statutes. After issuing the notices\n\nprovided herein, the court clerk shall endorse on the notice form\n\nfiled in the case the date and that a copy of the report together\n\nwith the notice was mailed to each party or his attorney of record,\n\nor the date the notice was published in compliance with the\n\nprovisions hereof.\nto publish legal notices, as defined in Section 106 of\n\nTitle 25 of the Oklahoma Statutes. After issuing the notices\n\nprovided herein, the court clerk shall endorse on the notice form\n\nfiled in the case the date and that a copy of the report together\n\nwith the notice was mailed to each party or his attorney of record,\n\nor the date the notice was published in compliance with the\n\nprovisions hereof.\n\n(2) Immediately upon payment to the clerk of the court for the\n\nuse of the owner the sum so assessed and reported to him as\n\naforesaid, the Authority shall thereby be authorized to enter upon\n\nthe condemned premises, and remove and dispose of any obstructions\n\nthereon, by sale or otherwise. If the landowner shall refuse to\n\ndeliver up possession to the Authority, the court shall issue an\n\norder to the sheriff of the county to place the Authority in\n\npossession thereof.\n\n(3) The report of commissioners may be reviewed by the district\n\ncourt, on written exceptions filed by either party in the clerk's\n\noffice within thirty (30) days after the filing of such report, and\n\nthe court, after hearing had, shall make such order therein as right\n\nand justice may require, either by confirmation, rejection or by\n\nordering a new appraisement on good cause shown. Provided, that in\n\nthe event a new appraisement is ordered, the Authority shall have\n\nthe continuing right of possession obtained under the first\n\nappraisal, unless and until its right to condemn has finally been\n\ndetermined otherwise; or either party may within sixty (60) days\n\nafter the filing of such report file with the clerk a written demand\n\nfor a trial by jury, in which case the amount of damages shall be\n\nassessed by a jury, and the trial shall be conducted and judgment\n\nentered in the same manner as civil actions in the district court.\n\nNo owner upon whom proper service by publication has been had as\n\nprovided in this article shall be let in to defend after expiration\n\nof time for appeal or review of the report of commissioners, as\n\nabove provided, has elapsed. Provided, that if, after the filing of\n\nexceptions to the report of commissioners as herein provided, the\n\nAuthority shall fail to establish its right to condemn the premises,\n\nor any part thereof, the landowner shall be restored to possession\n\nof the premises, or part thereof, and the Authority shall pay him\n\nfor any damages sustained through the occupation by the Authority,\n\nand if the damages cannot be determined by amicable settlement they\n\nshall be determined by jury trial in the same proceedings. The time\n\nlimits for filing an exception and demand for jury trial shall be\n\ncalculated from the date the report of commissioners is filed in the\n\ncase. On failure of the court clerk to give notice within the time\n\nprescribed in paragraph (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\n(4) Either party aggrieved may appeal to the Supreme Court from\n\nthe decision of the district court on exception to the report of\n\ncommissioners, or jury trial; but such review or appeal shall not\n\ndelay the prosecution of the work on such turnpike project over the\n\npremises in question if the award of commissioners, or jury, as the\n\ncase may be, has been deposited with the clerk for the owner. The\n\nAuthority shall in all cases pay the cost and expenses of the first\n\nassessment. And in case of review or appeal, a certified copy of\n\nthe final order or judgment shall be transmitted by the clerk of the\n\ncourt, duly certified, to the proper county clerk, to be by him\n\nfiled and recorded as hereinabove provided for the recording of the\n\nreport, and with like effect.\nh the clerk for the owner. The\n\nAuthority shall in all cases pay the cost and expenses of the first\n\nassessment. And in case of review or appeal, a certified copy of\n\nthe final order or judgment shall be transmitted by the clerk of the\n\ncourt, duly certified, to the proper county clerk, to be by him\n\nfiled and recorded as hereinabove provided for the recording of the\n\nreport, and with like effect.\n\n(c) Where an estate is being probated, or a minor or\n\nincompetent person has a legal guardian, the administrator or\n\nexecutor of such estate, or the guardian of such minor or\n\nincompetent person, shall have authority to execute all instruments\n\nof conveyance provided for in this article on behalf of the estate,\n\nminor or incompetent person without other proceedings than approval\n\nby the judge of the district court endorsed on the instrument of\n\nconveyance.\n\n(d) \"Just compensation\", as used in this section, shall mean\n\nthe value of the property taken, and in addition, any injury to any\n\npart of the property not taken. Any special and direct benefits to\n\nthe part of the property not taken may be offset only against any\n\ninjury to the property not taken. If only a part of a tract is\n\ntaken, just compensation shall be ascertained by determining the\n\ndifference between the fair market value of the whole tract\n\nimmediately before the taking and the fair market value of that\n\nportion left remaining immediately after the taking.","path":["OK Code","Title 69"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os69.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5172d11876c2217d54ca3ea145239d0863744e200bebc7a0b2db6af383f7d63d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-69-69-1707","next":"us-ok/okla.-stat.-tit.-69-69-1709"},"notice":"GroundRules: Original legal text. Not legal advice."}