2006 Oklahoma Code - Title 27. — Eminent Domain

OKLAHOMA STATUTES

TITLE 27.

EMINENT DOMAIN

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§271.  State lands subject to right of eminent domain.

The lands set apart for the use and benefit of the State of Oklahoma for public schools, for public buildings and educational institutions, either by congressional enactment or executive reservation, are hereby declared to be subject to the right of eminent domain in behalf of any public enterprises now authorized by law to condemn private property for mills, sewers, railroads, side tracks, station grounds and other municipal or corporate public uses, and all of the laws of this state with reference to the taking of private property for public use are hereby made applicable to the said lands.

R.L. 1910, § 3183.

§272.  Condemnation procedure for state lands.

Before any public corporation, municipality or other entity or person authorized to exercise the right of eminent domain under existing law, shall have the right to condemn or take any part of such lands, a plat of the grounds proposed to be taken, showing the part of the particular subdivision, shall be prepared and filed with the Governor of said state, together with a sworn statement of the engineer or superintendent in charge of such public work, that the taking of such lands is necessary to the exercise of the powers of such municipality or corporation; and it shall be the duty of the Governor to appoint three disinterested persons, resident householders of the county in which such land is located, who shall first take an oath to fairly and impartially appraise the value of the ground so taken, and the damage to the remaining parts of such subdivision by the taking thereof, and the said appraisers shall notify the Governor and the officers of such corporation of the time and place when they will proceed to appraise such damage, and at such time and place, upon actual view of the premises, the said appraisers shall meet and appraise the damage, in writing, and return one copy thereof under their signatures to the Governor of the state, and one copy to the principal officer of such corporation or municipality in charge of such construction, and if either party is aggrieved they may, within ten (10) days, appeal to the district court of the county where such land is located, in the same manner that appeals are taken from judgment of justices of the peace, where the amount of such damage shall be tried by a jury, as other causes are tried.  In case no appeal is taken from the award of such appraisers, such corporation or municipality shall have the right to occupy such grounds by the paying into the State Treasury the amount of such award.  In case either party appeals, such corporation or municipality shall have the right to occupy such grounds upon giving bond in treble the amount of the award, with sureties to be approved by the clerk of the district court where such appeal is pending, to the effect that the corporation or municipality will pay said award if such appeal be dismissed, or shall pay any judgment finally rendered in said action if the same shall be tried.

R.L. 1910, § 3184.

§273.  Compensation of appraisers of state lands.

The said appraisers shall receive as their compensation for their services the sum of Four Dollars ($4.00) each, per day, for the time actually engaged in making such appraisement, to be verified by them under their oath, and which shall be paid, in addition to the award, by the company or corporation requiring their services.

R.L. 1910, § 3185.

§274.  Waterpower companies  Right of eminent domain.

Any water power company, organized under the laws of this state, shall have power to exercise the right of eminent domain in like manner as railroad companies, for the purpose of securing sites for the erection of water power plants, together with the necessary dams over any nonnavigable stream and sites for the storage of water, and of securing rights-of-way for the necessary flumes and conduits for the purpose of conducting water for public or private consumption, and generating power, and for the purpose of securing rights-of-way for poles, wire and cables for transferring and transmitting electricity generated by water.

R.L. 1910, § 3187.

§275.  Local governments and cemeteries  Eminent domain.

Any county, city, town, township, school district, or board of education, or any board or official having charge of cemeteries created and existing under the laws of this state, shall have power to condemn lands in like manner as railroad companies, for highways, rights-of-way, building sites, cemeteries, public parks and other public purposes.

R.L. 1910, § 3188.

§276.  Private person or corporation  Eminent domain by.

Any private person, firm or corporation shall have power to exercise the right of eminent domain in like manner as railroad companies for private ways of necessity or for agriculture, mining and sanitary purposes.

R.L. 1910, § 3189.

§277.  Light, heat or power by electricity or gas  Eminent domain same as railroads.

Any person, firm or corporation organized under the laws of this state, or authorized to do business in this state, to furnish light, heat or power by electricity or gas, or any other person, association or firm engaged in furnishing lights, heat or power by electricity or gas shall have and exercise the right of eminent domain in the same manner and by like proceedings as provided for railroad corporations by laws of this state.

Laws 1917, c. 230, p. 431, § 3.

§277.1.  Coal pipelines  Licenses and permits  Limitations on eminent domain  Compensation.

Any pipeline company proposing to transport coal by pipeline in or through this state must first be licensed to operate by the Oklahoma Corporation Commission and no such license shall be granted until the Commission has, after a public hearing, determined a public need and necessity and a showing of economic feasibility for the proposed pipeline.  All licenses granted under this act by the Oklahoma Corporation Commission shall include a requirement that the utility purchaser of coal shall not pass through to the consumer, nor include in its capital base, any rate or charge for transportation of coal higher than the lowest cost available by common carrier.  The Corporation Commission shall not issue or consider a license until such applicant shall have produced legal proof that adequate supplies of water have been acquired to conduct transportation of coal by pipeline during the life of the contract.  Provided further, that the Commission shall not issue a permit, certificate, or any authority to any applicant whose rates and charges are not regulated by government authority, either state or federal, and that such state or federal regulations insure to the public and to the ultimate electric consumer that the contracts, rates and charges shall be just and reasonable, nondiscriminatory and offering no preference or advantage to any person, corporation, entity or group.

Foreign corporations organized under the laws of any other state or territory, or of the United States, and doing or proposing to do business in this state, and which shall have become a body corporate pursuant to or in accordance with the laws of this state, shall receive all the benefits provided by this act.  The power of eminent domain shall not include the right to take water.  Any time the power of eminent domain is exercised pursuant to this act, the property owner shall be compensated for all damages associated with the taking of the land including costs of moving a dwelling or equipment or any loss of present or future business or other associated damages personal to property owners.

Added by Laws 1977, c. 25, § 1, eff. Oct. 1, 1977.

§277.2.  Coal pipelines  Eminent domain same as railroads.

All companies authorized to operate under Section 1 of this act shall have the power to exercise the right of eminent domain in the same manner and by like proceedings as provided for railroad corporations by the laws of this state provided that said companies first comply with all requirements and restrictions of this act.

Added by Laws 1977, c. 25, § 2, eff. Oct. 1, 1977.

§277.3.  Right-of-way of coal pipelines - Filing acceptance and plat.

Before any pipeline company shall acquire any right-of-way through an exercise of the right of eminent domain hereunder, it shall file in the office of the Corporation Commission a proper and explicit authorized acceptance of the provisions of this act and the Constitution of this state, and a plat showing the route along which its pipeline is proposed to be constructed within this state and the intended size and capacity thereof.

Added by Laws 1977, c. 25, § 3, eff. Oct. 1, 1977.

§277.4.  Rightofway of coal pipelines  Filing acceptance and plat.

The rightofway requirements under this act shall be strictly limited to such width and route as is actually necessary and reasonable for the construction and maintenance of said line.  The Corporation Commission shall determine, in event of dispute, the width and route of rightofway as is actually necessary and reasonable to accomplish the purpose of this act with right of appeal by parties in interest to the Supreme Court of Oklahoma.

Added by Laws 1977, c. 25, § 4, eff. Oct. 1, 1977.

§277.5.  Rules and regulations.

The Corporation Commission is hereby authorized and empowered to promulgate, adopt and enforce reasonable rules and regulations relating to the design, rightsofway, construction, maintenance and operation of all coal pipelines in this state.

Added by Laws 1977, c. 25, § 5, eff. Oct. 1, 1977.

§277.6.  Water supply.

No Oklahoma water from any source shall be used in connection with the transportation, maintenance or operation of a coal slurry pipeline within or through the State of Oklahoma.

Added by Laws 1977, c. 25, § 6, eff. Oct. 1, 1977.

§27-7.7.  Use and disposal of nondischargeable water.

The Corporation Commission shall consider recommendations from the Department of Environmental Quality and shall specify the proper use and disposal of any nondischargeable water.

Added by Laws 1977, c. 25, § 7, eff. Oct. 1, 1977.  Amended by Laws 1993, c. 145, § 261, eff. July 1, 1993.

§277.8.  Designation of coal pipelines as common carriers.

Every pipeline authorized hereunder shall be a common carrier and subject to all laws and regulations relating thereto.

Added by Laws 1977, c. 25, § 8, eff. Oct. 1, 1977.

§277.9.  Contracts  Rates and charges of coal pipeline companies.

When the owner or owners of any interstate pipeline constructed under this act enter into a contract to provide its product or service to any person, firm or corporation in the State of Oklahoma, such contract shall set rates for such product or service at the lowest unit charge, based on the distance from the point or origin to the point of delivery, which it charges any other users of its product or service in any other state.

Added by Laws 1977, c. 25, § 9, eff. Oct. 1, 1977.

§277.10.  Public utility lines  Relocating, rerouting, construction changes, etc.  Expenses and expenditures.

Provided that in the event such common carrier pipeline, in the exercise of the power of eminent domain, or any other power granted hereunder, makes necessary the relocation, raising, lowering, rerouting, or changing the grade of, or altering the construction of any electric transmission, telegraph or telephone lines, railroads, properties and facilities, or pipeline, all such relocation, raising, lowering, rerouting, changing of grade or alteration of construction shall be accomplished at the sole expense of such common carrier pipeline.  The term "sole expense" shall mean the actual cost of such relocation, raising, lowering, rerouting, or change in grade or alteration of construction in providing comparable replacement without enhancement of such facilities, after deducting therefrom the net salvage value derived from the old facility.

Added by Laws 1977, c. 25, § 10, eff. Oct. 1, 1977.

§277.11.  Laws applicable.

The common carrier created hereby shall be subject to the provisions of Sections 5 through 5.2 and 309 of Title 52 of the Oklahoma Statutes.  The operation of a coal slurry pipeline in this state shall be subject to the provisions of Sections 926.1 through 926.13 of Title 82 of the Oklahoma Statutes.

Added by Laws 1977, c. 25, § 11, eff. Oct. 1, 1977.

§278.  Common carriers  Joint or union station or terminal.

Any person, firm or corporation organized under the laws of this state, or authorized to do business in this state, to furnish transportation of persons as common carriers, with permission of the Corporation Commission, after hearing and showing that public necessity and convenience requires the establishment of a joint or union station or terminal at any point served, shall have and exercise the right of eminent domain to acquire joint user of any existing bus station or terminal property, in the same manner provided by law for the exercise of eminent domain by railroad corporations.

Laws 1951, p. 65, § 1.

§279.  Application.

The provisions of this act shall be applicable to the acquisition of real property under the laws of this state for public use in any project or program in which federal, state or local funds are used.

Laws 1971, c. 355, § 1, eff. July 1, 1972.

§2710.  Reimbursement of owner for expenses after acquisition.

Any person, agency or other entity acquiring real property for public use under the laws of this state shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner for expenses he necessarily incurred for:

1.  Recording fees, transfer taxes and similar expenses incidental to conveying such real property;

2.  Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering such real property; and

3.  The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring entity, or the effective date of possession of such real property by the acquiring entity, whichever is the earlier.

Laws 1971, c. 355, § 2, eff. July 1, 1972.

§2711.  Reimbursement of expenses when property not acquired.

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 and

1.  The final judgment is that the real property cannot be acquired by condemnation;

2.  The proceeding is abandoned; or

3.  If the award of the jury exceeds the award of the court-appointed commissioners 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 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 final award of such sums will be paid by the person, agency or other entity which sought to condemn the property.

Laws 1971, c. 355, § 3, eff. July 1, 1972; Laws 1975, c. 354, § 1, eff. Oct. 1, 1975.

§2712.  Inverse condemnation proceedings  Reimbursement of expenses.

Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of his property in any public program or project described in Section 1 of this act, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the state's attorney effecting a settlement of any such proceeding, shall determine an award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the acquiring entity's attorney, respectively, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.  A determination by the court shall be appealable to the Supreme Court in the same manner as any other final order.

Laws 1971, c. 355, § 4, eff. July 1, 1972.

§2713.  Policies.

Any person, acquiring agency or other entity acquiring real property for any public project or program described in Section 9 of this title shall comply with the following policies:

1.  Every reasonable effort shall be made to acquire, expeditiously, real property by negotiation.

2.  Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property, except that the head or governing body of the entity acquiring real property, if so mandated by federal law or regulation, may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value as such value is defined by federal law or regulation.

3.  Before the initiation of negotiations for real property, an amount shall be established which is reasonably believed to be just compensation therefor and such amount shall be promptly offered for the property.  In no event shall such amount be less than the approved appraisal of the fair market value of such real property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property.  The owner of the real property to be acquired shall be provided with a written statement of, and summary of the basis for, the amount established as just compensation.  Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.

4.  No owner shall be required to surrender possession of real property before the agreed purchase price is paid or deposited with the state court, in accordance with applicable law, for the benefit of the owner of an amount not less than the approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding of such property.

5.  The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling, as required by the Oklahoma Relocation Assistance Act, will be available, or to move his business or farm operation without at least ninety (90) days' written notice from the date by which such move is required.

6.  If any owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination on short notice, the amount of rent required shall not exceed the fair rental value of the property to a shortterm occupier.

7.  In no event shall the time of condemnation be advanced, on negotiations or condemnation and the deposit of funds in court for the use of the owner be deferred, or any other coercive action be taken to compel an agreement on the price to be paid for the property.

8.  If an interest in real property is to be acquired by exercise of power of eminent domain, formal condemnation proceedings shall be instituted.  The acquiring authority shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.

9.  If the acquisition of only part of the property would leave its owner with an uneconomic remnant, an offer to acquire that remnant shall be made.  For the purposes of this section, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the property of the owner which has little or no value or utility to the owner.

10.  A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, any part thereof, any interest therein, or any compensation paid therefor, as such person shall determine.

11.  As used in this section:

a. "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information; and

b. "Acquiring agency" means:

(1) a state agency which has the authority to acquire property by eminent domain pursuant to state law, and

(2) a state agency or person which does not have such authority, to the extent provided by regulation.

Laws 1971, c. 355, § 5, eff. July 1, 1972; Laws 1988, c. 315, § 2, emerg. eff. July 6, 1988.

§2714.  Buildings, structures and other improvements  Taking with real property.

A.  Where any interest in real property is acquired, an equal interest shall be acquired in all buildings, structures or other improvements located upon the real property which are required, by the head of the acquiring entity, to be removed from such real property or which he determines to be adversely affected by the use to which such real property will be put.

B.  For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as by subsection A of this section, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term, and the fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired or the fair market value of such building, structure or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.

C.  Payment under this section shall not result in duplication of any payments otherwise authorized by law.  No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant.  In consideration for any such payment, the tenant shall assign, transfer and release to the acquiring entity all his right, title and interest in and to such improvements.  Nothing in this section shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with applicable law other than this section.

Laws 1971, c. 355, § 6, eff. July 1, 1972.

§2715.  Effect of statement of policies.

The provisions of Section 5 create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.

Laws 1971, c. 355, § 7, eff. July 1, 1972.

§27-16.  Just compensation defined.

A.  In every case wherein private property is taken or damaged for public use, the person whose property is taken or damaged shall be entitled to just compensation.

B.  "Just compensation", as used in subsection A of 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.

Added by Laws 1991, c. 175, § 1, emerg. eff. May 8, 1991.

§27-21.  Expired July 1, 1943.

§27-22.  Expired July 1, 1943.

§27-23.  Expired July 1, 1943.

§27-24.  Expired July 1, 1943.

§27-25.  Expired July 1, 1943.

§27-26.  Expired July 1, 1943.

§27-27.  Expired July 1, 1943.

§27-28.  Expired July 1, 1943.

§27-29.  Expired July 1, 1943.

§27-30.  Expired July 1, 1943.

§27-31.  Expired July 1, 1943.

§27-32.  Expired July 1, 1943.

§27-33.  Expired July 1, 1943.

§27-34.  Expired July 1, 1943.

§27-35.  Expired July 1, 1943.

§27-36.  Expired July 1, 1943.

§27-37.  Expired July 1, 1943.