Bill Number: OK51RHB 1500                          Filed: 01-19-2007

             Author: Sullivan

        

                                     STATE OF OKLAHOMA

  1                     1st Session of the 51st Legislature (2007)
 
  2                       HOUSE BILL 1500      By:      Sullivan
 
  3                                   AS INTRODUCED
 
  4                  An Act relating to eminent domain; amending 27 O.S.
 
  5                  2001, Section 11, which relates to acquisition of
 
  6                  property and condemnation proceedings; directing
 
  7                  payment of certain fees; providing method of
 
  8                  requiring reimbursement of certain fees; and
 
  9                  providing an effective date.
 
 10     BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
 
 11           SECTION 1.     AMENDATORY     27 O.S. 2001, Section 11, is
 
 12     amended to read as follows:
 
 13           Section 11.  Where a condemnation proceeding is instituted by
 
 14     any person, agency or other entity to acquire real property for use
 
 15     as provided in Section 9 of this title and:
 
 16           1.  The final judgment is that the real property cannot be
 
 17     acquired by condemnation;
 
 18           2.  The proceeding is abandoned; or
 
 19           3.  If the award of the jury exceeds the award of the court-
 
 20     appointed commissioners by at least ten percent (10%), the owner of
 
 21     any right, title or interest in such real property [may] shall be
 
 22     paid such sum as in the opinion of the court will reimburse such
 
 23     owner for his reasonable attorney, appraisal and engineering fees,
 
 24     actually incurred because of the condemnation proceedings.
 


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  1     However, when a condemning party claims, through a condemnation
 
  2     proceeding, that the award of the court-appointed commissioners is
 
  3     excessive, the condemning party must receive a jury award that is at
 
  4     least ten percent (10%) less than the award of the court-appointed
 
  5     commissioners to be free from the payment of any sum which, in the
 
  6     opinion of the court, will reimburse the property owner for
 
  7     reasonable attorney, appraisal and engineering fees actually
 
  8     incurred by the property owner because of the condemnation
 
  9     proceedings.  Such determination by the court shall be appealable
 
 10     to the Supreme Court in the same manner as any other final order.
 
 11     The final award of such sums will be paid by the person, agency or
 
 12     other entity which sought to condemn the property.
 
 13           SECTION 2.  This act shall become effective November 1, 2007.
 
 14           51-1-5617      MMP      01/15/07
 
 15     Page 1
 
 16     Req. No. 5617
 
























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