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An Act
ENROLLED HOUSE
BILL NO. 2036 By: Archer of the House
and
Murdock of the Senate
An Act relating to condemnation proceedings; amending
27 O.S. 2021, Section 11, which relates to
reimbursement of expenses when property is not
acquired under condemnation process; expanding
applicability of certain reimbursement requirements;
establishing requirements for reimbursement of
certain expenses; authorizing appeal of certain court
determination; establishing time limitation for
submission of certain written offer; amending 66 O.S.
2021, Section 55, which relates to the review of
commissioner's report, eminent domain jury trials,
notices, and costs; establishing requirements for
reimbursement of certain expenses; authorizing appeal
of certain court determination; establishing time
limitation for submission of certain written offer;
making language gender neutral; updating statutory
language; updating statutory references; and
providing an effective date.
SUBJECT: Condemnation proceedings
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, Section 11, is
amended to read as follows:
Section 11. A. 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 or Section 52, 60, or 61
of Title 52 of the Oklahoma Statutes and
ENR. H. B. NO. 2036 Page 2
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 a jury trial is requested by the owner of
any right, title, or interest in such real property, or by both such
owner and the condemning authority, and the award of the jury
exceeds the greater of the award of the court-appointed
commissioners or the last timely written offer of just compensation
made by the condemning authority 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 or her 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 written
offer of just compensation will be considered timely for purposes of
this subsection if the offer is made at any time prior to seventy-
five (75) days after the report of the court-appointed commissioners
is filed. The final award of such sums will shall be paid by the
person, agency, or other entity which sought to condemn the
property.
B. Where a condemnation proceeding is instituted for the
purposes set forth in subsection A of this section and the final
judgment is that the real property cannot be acquired by
condemnation, if the party instituting the proceeding abandons such
proceeding, or if a jury trial is requested only by the condemning
authority, and the award of the jury exceeds ninety percent (90%) of
the greater of the award of the court-appointed commissioners or the
last written offer of just compensation made by the condemning
authority, 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 or her 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
written offer of just compensation will be considered timely for
purposes of this subsection if it is made at any time prior to
seventy-five (75) days after the report of the court-appointed
commissioners is filed. The final award of such sums shall be paid
ENR. H. B. NO. 2036 Page 3
by the person, agency, or other entity which sought to condemn the
property.
SECTION 2. AMENDATORY 66 O.S. 2021, Section 55, is
amended to read as follows:
Section 55. (A) A. The report of the 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 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; 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. If the party demanding such
trial does not recover a verdict more favorable to him such party
than the assessment of the commissioners, all costs in the district
court may be taxed against him such party.
(B) B. 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) subsection A of
this section. This notice shall be on a form prepared by the Court
Administrator Administrative Director of the Courts, which shall be
approved by the Supreme Court, and shall be distributed to all
clerks of the district court by said Court Administrator the
Administrative Director of the Courts. 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 (1) issue of a newspaper qualified to publish legal notices, as
defined provided 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 each party’s attorney of record, or the date the
notice was published in compliance with the provisions hereof.
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(C) C. The time limits for filing an exception and demand for
jury trial, as prescribed in paragraph (A) subsection A of this
section, shall be calculated from the date the report of the
commissioners is filed in the case. On failure of the court clerk
to give notice within the time prescribed in paragraph (B)
subsection 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.
(D) Where the party instituting a condemnation proceeding
abandons such proceeding, or where the final judgment is that the
real property cannot be acquired by condemnation or if the award of
the jury exceeds the award of the court-appointed commissioners by
at least ten percent (10%), then the owner of any right, title or
interest in the property involved may be paid such sum as in the
opinion of the court will reimburse such owner for his reasonable
attorney, appraisal, engineering, and expert witness fees actually
incurred because of the condemnation proceeding. The sum awarded
shall be paid by the party instituting the condemnation proceeding.
D. If a jury trial is requested by the owner of any right,
title, or interest in such real property, or by both such owner and
the condemning authority, and the award of the jury exceeds the
greater of the award of the court-appointed commissioners or the
last timely written offer of just compensation made by the
condemning authority by at least ten percent (10%), then the owner
of any right, title, or interest in the property involved may be
paid such sum as in the opinion of the court will reimburse such
owner for his or her reasonable attorney, appraisal, engineering,
and expert witness 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 written offer of just compensation will be
considered timely for purposes of this subsection if it is made at
any time prior to seventy-five (75) days after the report of the
court-appointed commissioners is filed. The sum awarded shall be
paid by the party instituting the condemnation proceedings.
E. If the final judgment is that the real property cannot be
acquired by condemnation, if the party instituting the proceeding
abandons such proceeding, or if a jury trial is requested only by
the condemning authority, and the award of the jury exceeds ninety
percent (90%) of the greater of the award of the court-appointed
commissioners or the last written offer of just compensation made by
ENR. H. B. NO. 2036 Page 5
the condemning authority, 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 or her 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 written offer of just compensation will be
considered timely for purposes of this subsection if it is made at
any time prior to seventy-five (75) days after the report of the
court-appointed commissioners is filed. The sum awarded shall be
paid by the party instituting the condemnation proceedings.
SECTION 3. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 14th day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 7th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________