Okla. Stat. tit. 69, § 69-1708

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

unknown heirs, imperfect titles, and owners whose whereabouts cannot

be ascertained with reasonable diligence, the Authority shall give

the owner an opportunity to sell the necessary land or interests

therein to the Authority before resort to condemnation may be had.

(b) The Authority may condemn such lands or interests therein

in the following manner:

(1) 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 weekly

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 summons 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 just compensation to which the

owner is entitled, and they shall forthwith make 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, and a certified copy thereof may be transmitted to the county

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

recorded (without further acknowledgment of proof) in the same

manner and with like force and effect as is provided for the

recording of deeds. 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. Within ten

(10) days after the report of commissioners is filed, the court

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 322

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.

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 said 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 was mailed to each party or his attorney of record,

or the date the notice was published in compliance with the

provisions hereof.
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 was mailed to each party or his attorney of record,

or the date the notice was published in compliance with the

provisions hereof.

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

use of the owner the sum so assessed and reported to him as

aforesaid, the Authority 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 Authority, the court shall issue an

order to the sheriff of the county to place the Authority in

possession thereof.

(3) 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 Authority 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 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.

No owner upon whom proper service by publication has been had as

provided in this article 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 herein provided, the

Authority shall fail to establish its right to condemn the premises,

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or any part thereof, the landowner shall be restored to possession

of the premises, or part thereof, and the Authority shall pay him

for any damages sustained through the occupation by the Authority,

and if the damages cannot be determined by amicable settlement they

shall be determined by jury trial in the same proceedings. The time

limits for filing an exception and demand for jury trial shall be

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

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

prescribed in paragraph (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.

(4) Either party aggrieved may appeal to the Supreme Court from

the decision of the district court on exception to the report of

commissioners, or jury trial; but such review or appeal shall not

delay the prosecution of the work on such turnpike project over the

premises in question if the award of commissioners, or jury, as the

case may be, has been deposited with the clerk for the owner. The

Authority shall in all cases pay the cost and expenses of the first

assessment. 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 by him

filed and recorded as hereinabove provided for the recording of the

report, and with like effect.
h the clerk for the owner. The

Authority shall in all cases pay the cost and expenses of the first

assessment. 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 by him

filed and recorded as hereinabove provided for the recording of the

report, and with like effect.

(c) Where an estate is being probated, or a minor or

incompetent person has a legal guardian, the administrator or

executor of such estate, or the guardian of such minor or

incompetent person, shall have authority to execute all instruments

of conveyance provided for in this article 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.

(d) "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.