Okla. Stat. tit. 64, § 64-1087
This is the official text of Okla. Stat. tit. 64, § 64-1087, part of Oklahoma’s Stat. tit. 64, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 64,." Browse the sections below, each linked to its official government source.
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Negotiations and conveyances in lieu of condemnation
Official statutory text
proceedings.
When the United States of America, acting through the Secretary
of the Interior, or his duly authorized representative, or acting
through the Secretary of War, or his duly authorized representative,
shall determine that the construction, development, operation or
maintenance of any irrigation, reclamation, water conservation and
utilization, flood control, military or national defense project, or
any needful public building or other public project being
constructed, operated, developed or maintained under the laws of the
United States, requires the appropriation of the fee simple title or
any lesser estate, right or easement in and to or upon any tract of
land owned by the State of Oklahoma and acquired by the state
through and by reason of grants to the State of Oklahoma, made by
the terms of the Enabling Act, and files a certificate executed by
the Secretary of the Interior, or his duly authorized
representative, or by the Secretary of War, or his duly authorized
representative, certifying that the fee simple title or some lesser
estate, right or easement in and to or upon such land will be
appropriated and taken for such purposes under the power of eminent
domain, the Commissioners of the Land Office may enter into
negotiations with the United States of America, acting as aforesaid,
for the purpose of determining by agreement the amount which the
State of Oklahoma will be entitled to receive by reason of such
appropriation for said purposes. If the Commissioners of the Land
Office are able to agree with the United States of America, acting
as aforesaid, on the amount to which the State of Oklahoma will be
entitled by reason of such appropriation, the Commissioners of the
Land Office, by and with the consent of the Governor of the State of
Oklahoma, may upon payment of the amount of compensation agreed upon
and in recognition of the taking and appropriation of such land and
in lieu of condemnation proceedings for the determination of the
amount of such damages, execute a deed of conveyance evidencing the
title or right acquired by the United States of America in the
exercise of its sovereign powers and further evidencing the payment
and receipt of full compensation for the land, right, easement or
Oklahoma Statutes - Title 64. Public Lands Page 66
estate so appropriated. The execution and delivery of said deed
shall operate as conclusive evidence of such appropriation and
taking and the United States of America shall thereupon be
authorized to enter upon and take possession of the land to the
extent of such appropriation as evidenced by said deed. Said deed
of conveyance shall not be effective unless the approval of the
Governor is endorsed thereon in writing. The Commissioners of the
Land Office shall have like power to execute deeds of conveyance in
lieu of condemnation proceedings when any irrigation district,
conservancy district or water users' association, organized under
the laws of the State of Oklahoma, certifies by and through its
board of directors the necessity of taking of any such lands, and
upon such certification by such irrigation district, conservancy
district or water users' association, the provisions of this section
shall apply with like force and effect to all such state-owned
lands, or any lesser estate, right or easement therein or thereon,
so appropriated by any such district or association.
Deeds in lieu of condemnation proceedings shall be executed by
the presiding officer of the Commissioners of the Land Office and
attested by the Secretary but no such deed shall be effective unless
and until the approval of the Governor is endorsed thereon in
writing.
When the United States of America, acting through the Secretary
of the Interior, or his duly authorized representative, or acting
through the Secretary of War, or his duly authorized representative,
shall determine that the construction, development, operation or
maintenance of any irrigation, reclamation, water conservation and
utilization, flood control, military or national defense project, or
any needful public building or other public project being
constructed, operated, developed or maintained under the laws of the
United States, requires the appropriation of the fee simple title or
any lesser estate, right or easement in and to or upon any tract of
land owned by the State of Oklahoma and acquired by the state
through and by reason of grants to the State of Oklahoma, made by
the terms of the Enabling Act, and files a certificate executed by
the Secretary of the Interior, or his duly authorized
representative, or by the Secretary of War, or his duly authorized
representative, certifying that the fee simple title or some lesser
estate, right or easement in and to or upon such land will be
appropriated and taken for such purposes under the power of eminent
domain, the Commissioners of the Land Office may enter into
negotiations with the United States of America, acting as aforesaid,
for the purpose of determining by agreement the amount which the
State of Oklahoma will be entitled to receive by reason of such
appropriation for said purposes. If the Commissioners of the Land
Office are able to agree with the United States of America, acting
as aforesaid, on the amount to which the State of Oklahoma will be
entitled by reason of such appropriation, the Commissioners of the
Land Office, by and with the consent of the Governor of the State of
Oklahoma, may upon payment of the amount of compensation agreed upon
and in recognition of the taking and appropriation of such land and
in lieu of condemnation proceedings for the determination of the
amount of such damages, execute a deed of conveyance evidencing the
title or right acquired by the United States of America in the
exercise of its sovereign powers and further evidencing the payment
and receipt of full compensation for the land, right, easement or
Oklahoma Statutes - Title 64. Public Lands Page 66
estate so appropriated. The execution and delivery of said deed
shall operate as conclusive evidence of such appropriation and
taking and the United States of America shall thereupon be
authorized to enter upon and take possession of the land to the
extent of such appropriation as evidenced by said deed. Said deed
of conveyance shall not be effective unless the approval of the
Governor is endorsed thereon in writing. The Commissioners of the
Land Office shall have like power to execute deeds of conveyance in
lieu of condemnation proceedings when any irrigation district,
conservancy district or water users' association, organized under
the laws of the State of Oklahoma, certifies by and through its
board of directors the necessity of taking of any such lands, and
upon such certification by such irrigation district, conservancy
district or water users' association, the provisions of this section
shall apply with like force and effect to all such state-owned
lands, or any lesser estate, right or easement therein or thereon,
so appropriated by any such district or association.
Deeds in lieu of condemnation proceedings shall be executed by
the presiding officer of the Commissioners of the Land Office and
attested by the Secretary but no such deed shall be effective unless
and until the approval of the Governor is endorsed thereon in
writing.
Status: in_force · Read it on the official government site
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