Bill Number: OK51RHB 1550 Filed: 01-19-2007
Author: Winchester
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 HOUSE BILL 1550 By: Winchester
3 AS INTRODUCED
4 An Act relating to eminent domain; enacting the
5 Eminent Domain Procedural Protections Act; stating
6 purpose; authorizing a hearing on the right to take
7 during certain time period; providing procedures of
8 hearing; directing payment of award from
9 commissioners upon certain event; excluding certain
10 costs from award of commissioners; providing method
11 of review and appeal; allowing the consideration of
12 certain costs during jury trial; allowing certain
13 credit; prohibiting admissibility of certain
14 evidence; providing for codification; and providing
15 an effective date.
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
17 SECTION 1. NEW LAW A new section of law to be codified
18 in the Oklahoma Statutes as Section 41 of Title 27, unless there is
19 created a duplication in numbering, reads as follows:
20 This act shall be known and may be cited as the Eminent
21 Domain Procedural Protections Act.
22 SECTION 2. NEW LAW A new section of law to be codified
23 in the Oklahoma Statutes as Section 42 of Title 27, unless there is
24 created a duplication in numbering, reads as follows:
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1 The purpose of the Eminent Domain Procedural Protections Act
2 is to put in place uniform procedures to assure the fair treatment
3 of property owners involved in condemnation proceedings, to
4 facilitate timely resolution of condemnation proceedings, and to
5 ensure that the ability to request a hearing on the right to take is
6 available at an early and uniform stage of the proceeding and may
7 yield a final decision on the issue.
8 SECTION 3. NEW LAW A new section of law to be codified
9 in the Oklahoma Statutes as Section 43 of Title 27, unless there is
10 created a duplication in numbering, reads as follows:
11 At any time after the filing of a condemnation proceeding and
12 prior to the expiration of thirty (30) days after filing the report
13 of the commissioners appointed pursuant to Section 53 of Title 66 of
14 the Oklahoma Statutes, either the property owner or the entity
15 acquiring the property may seek to hold a hearing on the issue of
16 the right to take. Such hearing shall be expedited by the court and
17 may be held at any time upon no less than ten (10) days notice to
18 the parties. Upon the filing of such motion, the right of
19 possession by the entity acquiring the property shall be stayed
20 automatically until the expiration of ten (10) days following
21 deposit of the award of the commissioners with the court.
22 Thereafter, the right to possession shall be stayed only upon order
23 of the court.
24 When possession is taken of property condemned, as provided
25 herein, the owner shall be entitled to the immediate receipt of the
26 compensation awarded, without prejudice to the right of either party
27 to prosecute further proceedings for the judicial determination of
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1 the sufficiency or insufficiency of said compensation.
2 SECTION 4. NEW LAW A new section of law to be codified
3 in the Oklahoma Statutes as Section 44 of Title 27, unless there is
4 created a duplication in numbering, reads as follows:
5 If the entity acquiring the property has provided procedures
6 for the payment of actual and reasonable moving costs, claims for
7 such moving costs shall be excluded from the award of the
8 commissioners. Such claims shall be subject to review and appeal in
9 accordance with the Administrative Procedures Act.
10 In the event of a jury trial to determine just compensation,
11 an owner may elect to include moving costs within the scope of the
12 trial to determine just compensation, in which event the entity
13 acquiring the property shall receive a credit against the award for
14 the amount of any moving costs and relocation benefits paid or
15 approved for payment to such owner; however, the amount paid or
16 approved for payment shall not be admissible in the trial before a
17 jury.
18 SECTION 5. This act shall become effective November 1, 2007.
19 51-1-6081 MMP 01/02/07
20 Page 1
21 Req. No. 6081
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