STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 665	By:	Branan

AS INTRODUCED

An Act relating to condemnation proceedings; amending 27 O.S. 2001, Section 11, which relates to reimbursement of expenses; limiting certain reimbursement under specified circumstances; providing for appeal of certain orders; amending 66 O.S. 2001, Section 55, which relates to review of commissioner’s report; limiting certain reimbursement under specified circumstances; providing for appeal of certain orders; updating statutory references; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     27 O.S. 2001, 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 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.
B.  If the condemning authority makes a written offer and such offer is not accepted in writing by the owner within ten (10) days and the award of the jury exceeds the award of the court-appointed commissioners by at least ten percent (10%), but less than the written offer, the owner of any right, title or interest in such real property may only be paid such sum as in the opinion of the court will reimburse such owner for the reasonable time actually spent by the owner’s attorney, appraiser and engineer because of the condemnation proceedings up to the date the offer was made.  Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order.
C.  In the case of an inverse condemnation, if the condemning authority makes a written offer and such offer is not accepted in writing by the owner within ten (10) days and the jury determines there is a taking and the award of the jury is less than the written offer, the owner of any right, title or interest in such real property may only be paid such sum as in the opinion of the court will reimburse such owner for the reasonable time actually spent by the owner’s attorney, appraiser and engineer up to the date the offer was made.  Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order.
SECTION 2.     AMENDATORY     66 O.S. 2001, 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 than the assessment of the commissioners, all costs in the district court may be taxed against him.
(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, 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 (1) 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.
(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) 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.
E.  If the condemning authority makes a written offer and such offer is not accepted in writing by the owner within ten (10) days and the award of the jury exceeds the award of the court-appointed commissioners by at least ten percent (10%), but less than the written offer, the owner of any right, title or interest in such real property may only be paid such sum as in the opinion of the court will reimburse such owner for the reasonable time actually spent by the owner’s attorney, appraiser, engineer and expert witnesses because of the condemnation proceedings up to the date the offer was made.  Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-590	TEK	1/19/2011 4:49:20 PM