Okla. Stat. tit. 69, § 69-1203

or condemnation

(a) The Department shall have authority to acquire in fee

simple in the name of the State of Oklahoma, by purchase, donation

or condemnation, lands or such interests therein as in its

discretion may be necessary for the purpose of establishing,

constructing and maintaining state highways or relocations thereof,

and facilities necessary or incident thereto, including borrow

areas, channel changes and deposits of rock, gravel, sand and other

road building material for use in highway construction and

maintenance. Such acquisition may be for immediate or future use.

The Department may acquire reasonable amounts of land adjacent to

its normal right-of-way for the purpose of screening unsightly areas

adjacent to highways, landscaping safety rest areas and scenic

overlook areas.

(b) In determining the amount of land required, or width of

right-of-way necessary for such state highways, the Department shall

take into consideration the present and probable future needs in

connection with maintaining and reconstructing the highways, and the

prevention of traffic congestion and hazards.

(c) Except in instances where there are nonresident owners,

unknown heirs, imperfect titles and owners whose whereabouts cannot

be ascertained with reasonable diligence, the Department shall give

the owner an opportunity to sell the necessary lands or interests

therein to the State of Oklahoma before resort to condemnation may

be had. The Department may condemn such lands or interests therein

in the following manner:

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 114

The district judge of the county in which the real property may

be situated, upon petition of either party, and after ten (10) days'

notice to the opposite party, either by personal service or by

leaving a copy thereof at his usual place of residence with some

member of his family over fifteen (15) years of age, or, in the case

of nonresidents, unknown heirs or other persons whose whereabouts

cannot be ascertained, by publication in two issues of a newspaper

in general circulation in the county (the ten-day period to begin

with the first publication), shall direct the sheriff of the county

to summon three disinterested freeholders, to be selected by the

judge as commissioners, and who shall not be interested in a like

question. The commissioners shall be sworn to perform their duties

impartially and justly; and they shall inspect the real property 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; and they shall forthwith make a report in

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

boundaries and just compensation for the property taken, and amount

of injury done to the property, either directly or indirectly, which

they assess to the owner, which report must be filed and recorded by

the clerk. A certified copy of the report may be transmitted to the

county clerk of the county where the land lies, to be filed and

recorded by the county clerk (without further acknowledgment or

proof) in the same manner and with like force and effect as is

provided for the recording of deeds. The procedure for service by

publication as authorized herein shall be the same as provided by

law for service by publication in civil actions, except summons need

not be issued and served, and except as otherwise provided herein.
recorded by the county clerk (without further acknowledgment or

proof) in the same manner and with like force and effect as is

provided for the recording of deeds. The procedure for service by

publication as authorized herein shall be the same as provided by

law for service by publication in civil actions, except summons need

not be issued and served, and except as otherwise provided herein.

(d) Immediately upon payment to the clerk of the court for the

use of the owner the sum so assessed and reported to the court clerk

as aforesaid, the Department shall thereby be authorized to enter

upon the condemned premises, and remove and dispose of any

obstructions thereon, by sale or otherwise. If the landowner shall

refuse to deliver up possession to the Department, the court shall

issue an order to the sheriff of the county to place the Department

in possession thereof.

(e) (1) The report of 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, after hearing had, 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.

Provided, that in the event a new appraisement is ordered, the

Department shall have the continuing right of possession obtained

under the first appraisal, unless and until its right to condemn has

finally been determined otherwise; or either party may within sixty

(60) days after the filing of such report file with the clerk a

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 115

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 such trial does not

recover a verdict more favorable to the party than the assessment of

the commissioners, all costs in the district court shall be taxed

against the party. No owner upon whom proper service by publication

has been had, as provided in this title, shall be let in to defend

after expiration of time for appeal or review of the report of

commissioners as above provided has elapsed. Provided, that if,

after the filing of exceptions to the report of commissioners as

hereinafter provided, the Department shall fail to establish its

right to condemn such premises, or any part thereof, the landowner

shall be restored to possession of the premises, or part thereof,

and the Department shall pay for any damages sustained through the

occupation by the Department, and if such damages cannot be

determined by amicable settlement they shall be determined by jury

trial in the same proceedings.
partment shall fail to establish its

right to condemn such premises, or any part thereof, the landowner

shall be restored to possession of the premises, or part thereof,

and the Department shall pay for any damages sustained through the

occupation by the Department, and if such damages cannot be

determined by amicable settlement they shall be determined by jury

trial in the same proceedings.

(2) 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 paragraph (A) of Section 55 of Title

66 of the Oklahoma Statutes. The attorney of record for the

condemnor shall provide the clerk of the court with the names and

last-known addresses of the parties to whom notice and the report of

the commissioners shall be mailed, sufficient copies of the notice

and report to be mailed, and pre-addressed, postage-paid envelopes.

This notice shall be on a form prepared by the Court Administrator,

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

distributed to all clerks of the district court by the Court

Administrator. 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 defined 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 form filed in the case was forwarded to each

condemnee and each attorney of record, or the date the notice was

published in compliance with the provisions hereof.

(3) The time limits for filing an exception and demand for jury

trial, as prescribed in paragraph (A) of Section 55 of Title 66 of

the Oklahoma Statutes, shall be calculated from the date the report

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 116

of the commissioners is filed in the case. On failure of the court

clerk to give notice within the time prescribed in paragraph (B) of

Section 55 of Title 66 of the Oklahoma Statutes, 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.

(f) 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; but such review or appeal shall not

delay the prosecution of the work on such highway over the premises

in question if the award of commissioners, or jury, as the case may

be, has been deposited with the clerk for such owner, and in no case

shall the Department be liable for the costs on such review or

appeal unless the owner of the real property shall be adjudged

entitled, upon either review or appeal, to a greater amount of

damages than was awarded by the commissioners. The Department 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 Department in

the event of appeal resulting in a jury verdict in excess of the

commissioners' award, but under no circumstances shall any poundage

fees or condemnation fees be assessed against the recipient of the

award. And in case of review or appeal, a certified copy of the
district court in which such case is pending, however, poundage

fees and condemnation fees shall only be paid by the Department in

the event of appeal resulting in a jury verdict in excess of the

commissioners' award, but under no circumstances shall any poundage

fees or condemnation fees be assessed against the recipient of the

award. And in case of review or appeal, a certified copy of the

final order or judgment shall be transmitted by the clerk of the

court, duly certified, to the proper county clerk, to be filed and

recorded as hereinabove provided for the recording of the report,

and with like effect.

(g) When an estate is being probated, or a minor or incompetent

person has a legal guardian, the administrator or executor of the

estate, or guardian of the minor or incompetent person, shall have

the authority to execute all instruments of conveyance provided for

in this title on behalf of the estate, minor or incompetent person

without other proceedings than approval by the judge of the district

court endorsed on the instrument of conveyance.

(h) "Just compensation", as used in this section, shall mean

the value of the property taken, and in addition, any injury to any

part of the property not taken. Any special and direct benefits to

the part of the property not taken may be offset only against any

injury to the property not taken. If only a part of a tract is

taken, just compensation shall be ascertained by determining the

difference between the fair market value of the whole tract

immediately before the taking and the fair market value of that

portion left remaining immediately after the taking.

(i) In the event that the determination of just compensation of

a property is less than the commissioners' award for such real

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 117

property, any mortgagee or lien holder who received payment from the

commissioners' award in an amount in excess of the finding of just

compensation value of the real property taken will only be liable

for and required to pay back to the condemnor no more than the

difference between what was actually received by the mortgagee or

lien holder from the commissioners' award and the jury's just

compensation value. In all respects a mortgagee or lien holder will

only be liable to return to the condemnor any sums actually paid to

and received by such party in excess of the determination of just

compensation for the real property. The mortgagor would be and

remain liable to the mortgagee or lien holder for the excess that is

paid by the mortgagee or lienholder to the condemning authority.