Okla. Stat. tit. 11, § 11-22-105.1

collection service - Notice and hearing - Acquisition by purchase,

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donation, or condemnation - Judicial review of report of

commissioners.

A. Pursuant to Section 2-10-102 of Title 27A of the Oklahoma

Statutes, it is the policy of this state to regulate the management

of solid waste in order to protect the public health, safety and

welfare. For this purpose and for purposes of this section, the

management of solid waste shall be a matter of statewide interest.

B. No municipality shall displace or pass an ordinance to

displace a private company providing solid waste service without

first:

1. Holding at least one public hearing seeking comment on the

advisability of the municipality providing such service;

2. Providing at least forty-five (45) days written notice of

the hearing, delivered by first-class mail to all private solid

waste companies which provide service in the municipality; and

3. Providing public notice of the hearing.

Following the final public hearing held pursuant to this section,

but in no event longer than one (1) year after the date of the

hearing, if the municipality elects to provide such solid waste

services and displace the private solid waste services company, the

municipality shall purchase by condemnation the private solid waste

services as set forth in this section.

C. A municipality shall have the authority to acquire by

purchase, donation, or condemnation such interests in any private

company providing solid waste services operating within the limits

of the municipality. The municipality shall give the owner of the

displaced private solid waste company the opportunity to sell the

displaced private solid waste services to the municipality at an

agreed upon or negotiated price or the municipality may acquire the

business by condemnation as provided in this section.

D. If the municipality seeks to condemn the displaced private

solid waste services, the district judge of the county in which the

displaced services are located, upon petition of either party, shall

direct the sheriff of the county to summon three disinterested

freeholders, to be selected by the judge as commissioners, and who

shall not have a conflict of interest. The commissioners shall be

sworn to perform their duties impartially and justly. The

commissioners shall inspect the company and the displaced services

and consider the injury which the owner may sustain by reason of the

condemnation, and they shall assess the just compensation to which

the owner is entitled. The commissioners shall make a report in

writing to the clerk of the court, setting forth the quantity,

boundaries, and just compensation for the property or services

taken, and amount of injury done to the business, either directly or

indirectly, which they assess to the owner. The report shall be

filed and recorded by the clerk.

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E. Immediately upon payment to the clerk of the court of the

sum assessed by the commissioners, the municipality shall be

authorized to provide solid waste services in the area serviced by

the owner of the business. If the owner refuses to cease providing

the solid waste services pursuant to this section, the court shall

issue an order, upon proof, enjoining the owner from providing the

solid waste services in the areas subject to such condemnation.

F. The report of the commissioners may be reviewed by the

district court, on written exceptions filed by either party in the

clerk's office within thirty (30) days after the filing of the

report. The court, after a hearing, shall make such order as right

and justice may require, either by confirmation, rejection, or by

ordering a new appraisement on good cause shown. In the event a new

appraisement is ordered, the municipality shall have the continuing

right of possession obtained under the first appraisal, unless and
rk's office within thirty (30) days after the filing of the

report. The court, after a hearing, shall make such order as right

and justice may require, either by confirmation, rejection, or by

ordering a new appraisement on good cause shown. In the event a new

appraisement is ordered, the municipality shall have the continuing

right of possession obtained under the first appraisal, unless and

until its right to condemn has finally been determined otherwise.

Either party may, within sixty (60) days after the filing of such

report, file with the clerk a written demand for a trial by jury, in

which case the amount of damages shall be assessed by a jury, and

the trial shall be conducted and judgment entered in the same manner

as civil actions in the district court. If the party demanding the

trial does not recover a verdict more favorable to such party than

the assessment of the commissioners, all costs in the district court

shall be taxed against such party. If, after the filing of

exceptions to the report of commissioners as provided in this

section, the municipality shall fail to establish its right to

condemn such business, the owner shall be restored to possession of

the business, or part thereof, and the municipality shall pay the

owner for any damages sustained through the occupation by the

municipality. If such damages cannot be determined by amicable

settlement, the damages shall be determined by jury trial in the

same proceedings.

G. Either party aggrieved may appeal to the Supreme Court from

the decision of the district court on exceptions to the report of

commissioners, or jury trial. The review or appeal shall not delay

the work of the municipality in question if the award of

commissioners, or jury, as the case may be, has been deposited with

the clerk for such owner. In no case shall the municipality be

liable for the costs on the review or appeal unless the owner of the

business shall be adjudged entitled, upon either review or appeal,

to a greater amount of damages than was awarded by the

commissioners. The municipality shall in all cases pay the cost of

the commissioners' fees and expenses, for their services, as

determined and ordered paid by the judge of the district court in

which such case is pending. However, poundage fees and condemnation

fees shall only be paid by the municipality in the event of appeal

resulting in a jury verdict in excess of the commissioners' award.

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Under no circumstances shall any poundage fees or condemnation fees

be assessed against the recipient of the award. In case of review

or appeal, a certified copy of the final order or judgment shall be

transmitted by the clerk of the court to the county clerk and be

filed.

H. As used in this section:

1. "Displace" or "displacement" means a municipality's

provision of a service which prohibits a private company from

providing the same service and which the company is providing at the

time the decision to displace is made. Displace or displacement

does not mean:

a. competition between the municipality and private

companies for individual contracts,

b. situations where a municipality, at the end of a

contract with a private company, does not renew the

contract and either awards the contract to another

private company, or, decides to provide for such

services itself,

c. situations where action is taken against the private

company because the company has acted in a manner

threatening to the public health, safety and welfare

of the citizens of the municipality or resulting in a

substantial public nuisance,

d. situations where action is taken against the private

company because the company has materially breached

its contract with the municipality, or

e. entering into a contract with a private company to

provide solid waste collection so long as the contract

is not entered into pursuant to an ordinance which
re

of the citizens of the municipality or resulting in a

substantial public nuisance,

d. situations where action is taken against the private

company because the company has materially breached

its contract with the municipality, or

e. entering into a contract with a private company to

provide solid waste collection so long as the contract

is not entered into pursuant to an ordinance which

displaces or authorizes the displacement of another

private company providing solid waste collection;

2. "Just compensation" means the value of the business taken,

and in addition, any injury to any part of the business not taken.

Any special and direct benefits to the part of the business not

taken may be offset only against any injury to the business not

taken. If only a part of the business is taken, just compensation

shall be ascertained by determining the difference between the fair

market value of the whole business immediately before the taking and

the fair market value of that portion left remaining immediately

after the taking; and

3. "Solid waste" means all putrescible and nonputrescible

refuse in solid, semisolid, or liquid form including, but not

limited to, garbage, rubbish, ashes or incinerator residue, street

refuse, dead animals, demolition wastes, construction wastes,

roofing material, solid or semisolid commercial and industrial

wastes including explosives, biomedical wastes, chemical wastes,

herbicide and pesticide wastes, organics, scrap materials, and

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materials that are destined for recycling, reuse, conversion, or

processing, whether source separated or not.