Okla. Stat. tit. 66, § 66-55

Costs.

A. 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 such

report; and the court shall make such order therein as right and

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

ordering a new appraisement on good cause shown; or 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

Oklahoma Statutes - Title 66. Railroads Page 13

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 such trial does not

recover a verdict more favorable to such party than the assessment

of the commissioners, all costs in the district court may be taxed

against such party.

B. Within ten (10) days after the report of commissioners is

filed, the court clerk shall forward to the attorney of record for

the condemnor, the attorney of record for each condemnee, and to all

unrepresented condemnees, a copy of the commissioners’ report and a

notice stating the time limits for filing an exception or demand for

jury trial as specified in subsection A of this section. This

notice shall be on a form prepared by the Administrative Director of

the Courts, which shall be approved by the Supreme Court, and shall

be distributed to all clerks of the district court by the

Administrative Director of the Courts. If a party has been served

by publication, the clerk shall forward a copy of the report of

commissioners and notice of time limits for filing an exception or

demand for jury trial to the last-known mailing address, if any, and

shall cause a copy of the notice of time limits to be published in

one issue of a newspaper qualified to publish legal notices, as

provided in Section 106 of Title 25 of the Oklahoma Statutes. After

issuing the notices provided herein, the court clerk shall endorse

on the notice form filed in the case, the date and that a copy of

the report together with the notice was mailed to each party or each

party’s attorney of record, or the date the notice was published in

compliance with the provisions hereof.

C. The time limits for filing an exception and demand for jury

trial, as prescribed in subsection A of this section, shall be

calculated from the date the report of the commissioners is filed in

the case. On failure of the court clerk to give notice within the

time prescribed in subsection B of this section, the court, on

application of any party, may extend the time for filing an

exception to the report or a demand for trial by jury for a period

not to exceed twenty (20) days from the date the application is

heard.

D. If 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%), then the owner

of any right, title, or interest in the property involved may be

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

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

and expert witness fees actually incurred because of the

condemnation proceedings. Such determination by the court shall be

Oklahoma Statutes - Title 66. Railroads Page 14

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 sum awarded shall be
ion by the court shall be

Oklahoma Statutes - Title 66. Railroads Page 14

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 sum awarded shall be

paid by the party instituting the condemnation proceedings.

E. If 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 sum awarded shall be

paid by the party instituting the condemnation proceedings.

R.L. 1910, § 1402. Amended by Laws 1961, p. 497, § 1; Laws 1970, c.

322, § 1, eff. Jan. 1, 1971; Laws 1980, c. 195, § 1, emerg. eff. May

12, 1980; Laws 2025, c. 255, § 2, eff. Nov. 1, 2025.