Okla. Stat. tit. 27, § 27-11

not acquired by condemnation.

A. Where a condemnation proceeding is instituted by any person,

agency, or other entity to acquire real property for use as provided

in Section 9 of this title or Section 52, 60, or 61 of Title 52 of

the Oklahoma Statutes and a jury trial is requested by the owner of

any right, title, or interest in such real property, or by both such

owner and the condemning authority, and the award of the jury

exceeds the greater of the award of the court-appointed

commissioners or the last timely written offer of just compensation

made by the condemning authority by at least ten percent (10%), the

owner of any right, title, or interest in such real property may be

paid such sum as in the opinion of the court will reimburse such

owner for his or her reasonable attorney, appraisal, and engineering

fees actually incurred because of the condemnation proceedings.

Such determination by the court shall be appealable to the Supreme

Court in the same manner as any other final order. The written

offer of just compensation will be considered timely for purposes of

this subsection if the offer is made at any time prior to seventy-

five (75) days after the report of the court-appointed commissioners

is filed. The final award of such sums shall be paid by the person,

agency, or other entity which sought to condemn the property.

B. Where a condemnation proceeding is instituted for the

purposes set forth in subsection A of this section and the final

judgment is that the real property cannot be acquired by

condemnation, if the party instituting the proceeding abandons such

proceeding, or if a jury trial is requested only by the condemning

authority, and the award of the jury exceeds ninety percent (90%) of

the greater of the award of the court-appointed commissioners or the

last written offer of just compensation made by the condemning

authority, the owner of any right, title, or interest in such real

property may be paid such sum as in the opinion of the court will

reimburse such owner for his or her reasonable attorney, appraisal,

and engineering fees actually incurred because of the condemnation

proceedings. Such determination by the court shall be appealable to

the Supreme Court in the same manner as any other final order. The

written offer of just compensation will be considered timely for

purposes of this subsection if it is made at any time prior to

seventy-five (75) days after the report of the court-appointed

commissioners is filed. The final award of such sums shall be paid

by the person, agency, or other entity which sought to condemn the

property.

Oklahoma Statutes - Title 27. Eminent Domain Page 6