Oklahoma § 66-53 - Taking by eminent domain - Commissioners - Appointment and

§ 66-53. Taking by eminent domain - Commissioners - Appointment and

proceedings - Right to construct road.

A. If the owner of any real property or interest therein, over

which any railroad corporation, incorporated under the laws of this

state, may desire to locate its road, shall refuse to grant the

right-of-way through and over his premises, the district judge of

the county in which said real property may be situated shall, upon

the application or petition of either party, and after ten (10)

days' notice to the opposite party, direct the sheriff of said

county to summon three disinterested freeholders, to be selected by

said judge as commissioners, and who shall not be interested in a

like question.

B. The condemnor shall give notice to a condemnee by personal

service or by leaving a copy of the notice at the condemnee's place

of residence with some member of his family over fifteen (15) years

of age, or by publication in the case of a condemnee who resides out

of this state or a resident of this state who has departed herefrom

with intent to avoid service of notice, or whose whereabouts or

identity the condemnor, or his attorney, upon diligent inquiry is

unable to ascertain, or an unknown heir, successor or assign of one

in whom some right, title or interest in the property concerned was

possessed, by publishing such notice once a week for two (2)

consecutive weeks in a newspaper authorized by law to publish legal

notices in the county where the petition is filed, the ten-day

period to begin with the first publication. A copy of such notice

and a copy of the petition shall be mailed to such opposite party's

last-known mailing address within five (5) days of the first

publication thereof. The procedure for service by publication as

authorized herein shall in all other respects be as provided by law

for service by publication in civil actions, except summons need not

first be issued.

C. The commissioners shall be sworn to perform their duties

impartially and justly; and they shall inspect said real property

and consider the injury which said owner may sustain by reason of

the condemnation and they shall assess the just compensation to

Oklahoma Statutes - Title 66. Railroads

which said owner is entitled; and they shall forthwith make report

in writing to the clerk of the court, setting forth the quantity,

boundaries, and just compensation for the property taken, and amount

of injury done to the property, either directly or indirectly, which

they assess to the owner; which report must be filed and recorded by

the clerk. A certified copy of the report may be transmitted to the

county clerk of the county where the land lies, to be by him filed

and recorded, without further acknowledgment or proof, in the manner

and with like force and effect as is provided for the recording of

deeds. And if said corporation shall, at any time before it enters

upon said real property for the purpose of constructing said road,

pay to said clerk for the use of said owner the sum so assessed and

reported to him as aforesaid, it shall thereby be authorized to

construct and maintain its road over and across said premises.

D. "Just compensation", as used in subsection C 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.

R.L. 1910, § 1400; Laws 1971, c. 33, § 1, operative Jan. 1, 1972;

Laws 1973, c. 28, § 1, eff. Jan. 1, 1974; Laws 1991, c. 175, § 2,

emerg. eff. May 8, 1991.