Okla. Stat. tit. 11, § 11-38-111

A. After the adoption by the municipal governing body of an

urban renewal plan and a resolution declaring that the acquisition

of real property described in the plan is necessary to the execution

of the plan, the Urban Renewal Authority designated as the agency to

execute such plan shall have the right to acquire by condemnation or

otherwise, any interest or right or combination of rights in real

property, including a fee simple title thereto, necessary to the

execution of the approved plan. Condemnation for the urban renewal

of blighted areas is declared to be a public use, and property

already devoted to any other public use or acquired by the owner or

his predecessor in interest by eminent domain may be condemned for

the purpose of this article. The award of compensation for real

property taken for such a project shall not be increased by reason

of any increase in the value of the real property caused by the

assembling, clearance, reconstruction, or proposed assembly,

clearance or reconstruction in the project area. No increment of

value shall accrue to such property as the result of any illegal or

unlawful use thereof. No allowance shall be made for the

improvements begun on real property after notice to the owner of

such property or the institution of proceedings to condemn such

property. Evidence shall be admissible bearing upon the insanitary,

unsafe, or substandard condition of the premises, or the lawful use

thereof.

B. Except as otherwise provided by subsection C of this

section, the Urban Renewal Authority shall have the right to acquire

by condemnation any interest in real property, including a fee

simple title thereto, which it may deem necessary for or in

connection with an urban renewal project under this article.

C. If an Urban Renewal Authority intends to acquire unimproved

real property pursuant to the power of condemnation authorized by

Oklahoma Statutes - Title 11. Cities and Towns Page 412

this article, the Urban Renewal Authority shall specifically

identify the parcels or tracts of real property which it intends to

acquire through condemnation to the governing body of the

municipality. The governing body of the municipality shall consider

the proposed acquisition of the unimproved real property during an

open meeting and shall be required to approve the proposed

acquisition by a majority vote of those persons constituting the

governing body of the municipality. No Urban Renewal Authority

shall acquire unimproved real property by condemnation unless the

acquisition has been specifically approved by the governing body of

the municipality as required by this subsection. An acquisition by

an Urban Renewal Authority of unimproved real property made without

the approval of the municipal governing body shall be void and

notwithstanding the completion of other proceedings an action may be

maintained by a person with a legal or equitable interest in the

subject real property to recover title to the real property or

possession of the real property or both title and possession of the

real property.

D. The procedure prescribed for railroad companies in Sections

51 et seq., of Title 66 of the Oklahoma Statutes, shall be followed

in acquiring property by eminent domain. Property already devoted

to public use may be acquired in like manner; provided, that no real

property belonging to the state or any political subdivision thereof

may be acquired without its consent.

E. In the event any Urban Renewal Authority in exercising any

of the powers conferred by this article makes necessary the

relocation, raising, rerouting or changing the grade of or altering

the construction of any railroad, common carrier or public utility

property or facility, all such relocation, raising, rerouting,

changing of grade or alteration of construction shall be

accomplished at the expense of the Urban Renewal Authority, provided
cising any

of the powers conferred by this article makes necessary the

relocation, raising, rerouting or changing the grade of or altering

the construction of any railroad, common carrier or public utility

property or facility, all such relocation, raising, rerouting,

changing of grade or alteration of construction shall be

accomplished at the expense of the Urban Renewal Authority, provided

that the Urban Renewal Authority shall not disturb the possession or

operation of any railroad, common carrier, or public utility in or

to the appropriated property or facility until the relocated

property or facilities are available for use and until marketable

title thereto has been transferred to the railroad, common carrier

or public utility.

F. In any proceeding to fix or assess compensation for damages

for the taking (or damaging) of property, or any interest therein,

through the exercise of the power of eminent domain or condemnation,

evidence or testimony bearing upon the following matters shall be

admissible and shall be considered in fixing such compensation or

damages, in addition to evidence or testimony otherwise admissible:

1. Any use, condition, occupancy, or operation of such

property, which is unlawful or violative of, or subject to

elimination, abatement, prohibition, or correction under, any law or

any ordinance or regulatory measure of the state, county,

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municipality, other political subdivision, or any agency thereof, in

which such property is located, as being unsafe, substandard,

insanitary or otherwise contrary to the public health, safety, or

welfare; and

2. The effect on the value of such property, or any such use,

condition, occupancy, or operation, or of the elimination,

abatement, prohibition, or correction of any such use, condition,

occupancy, or operation.

G. The foregoing testimony and evidence shall be admissible

notwithstanding that no action has been taken by any public body or

public officer toward the occupancy or operation. Testimony or

evidence that any public officer charged with the duty or authority

to do so has rendered, made or issued any judgment, decree,

determination or order for the abatement, prohibition, elimination

or correction of any such use, condition, occupancy, or operation

shall be admissible and shall be prima facie evidence of the

existence and character of such use, condition or operation.

H. In any condemnation proceedings in which a jury trial is

had, if the verdict of the jury exceeds the award of the court

appointed commissioners, the court may award a reasonable attorney

fee to the defendant or defendants, which shall be paid by the

condemner.