Oklahoma § 19-365 - Solid waste management – Authority of political

§ 19-365. Solid waste management – Authority of political

subdivisions – Condemnation proceedings.

A. Pursuant to Section 2-10-102 of Title 27A of the Oklahoma

Statutes, it is the policy of this state to regulate the management

of solid waste in order to protect the public health, safety and

welfare. For this purpose and for purposes of this section, the

collection of solid waste shall be a matter of statewide interest.

B. For the purpose of this section “political subdivision”

shall include counties and trusts that provide or contract for solid

waste collection services.

C. No political subdivision shall displace or pass an ordinance

to displace a private company providing solid waste collection

service without first:

1. Holding at least one public hearing seeking comment on the

advisability of the political subdivision providing such service;

2. Providing at least forty-five (45) days’ written notice of

the hearing, delivered by first-class mail to all private solid

Oklahoma Statutes - Title 19. Counties and County Officers

waste collection companies which provide service in the political

subdivision; and

3. Providing public notice of the hearing.

Following the final public hearing held pursuant to this

section, but in no event longer than one (1) year after the date of

the hearing, if the political subdivision elects to provide such

solid waste collection services and displace the private solid waste

collection company, the political subdivision shall purchase by

condemnation the private solid waste collection services as set

forth in this section.

D. A political subdivision shall have the authority to acquire

by purchase, donation, or condemnation such interests in any private

company providing solid waste collection services operating within

the limits of the political subdivision. The political subdivision

shall give the owner of the displaced private solid waste collection

company the opportunity to sell the displaced private solid waste

collection services to the political subdivision at an agreed upon

or negotiated price or the political subdivision may acquire the

business by condemnation as provided in this section.

E. If the political subdivision seeks to condemn the displaced

private solid waste collection services, the district judge of the

county in which the displaced services are located, upon petition of

either party, shall direct the sheriff of the county to summon three

disinterested freeholders, to be selected by the judge as

commissioners, and who shall not have a conflict of interest. The

commissioners shall be sworn to perform their duties impartially and

justly. The commissioners shall inspect the company and the

displaced services and consider the injury which the owner may

sustain by reason of the condemnation, and they shall assess the

just compensation to which the owner is entitled. The commissioners

shall make a report in writing to the clerk of the court, setting

forth the quantity, boundaries, and just compensation for the

property or services taken, and amount of injury done to the

business, either directly or indirectly, which they assess to the

owner. The report shall be filed and recorded by the clerk.

F. Immediately upon payment to the clerk of the court of the

sum assessed by the commissioners, the political subdivision shall

be authorized to collect solid waste in the area serviced by the

owner of the business. If the owner refuses to cease collection of

solid waste pursuant to this section, the court shall issue an

order, upon proof, enjoining the owner from collecting solid waste

in the areas subject to such condemnation.

G. 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 the

report. The court, after a hearing, shall make such order as right

and justice may require, either by confirmation, rejection, or by

Oklahoma Statutes - Title 19. Counties and County Officers

ordering a new appraisal on good cause shown. In the event a new

appraisement is ordered, the political subdivision shall have the

continuing right of possession obtained under the first appraisal,

unless and until its right to condemn has finally been determined

otherwise. 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 the trial does not recover a verdict more favorable

to such party than the assessment of the commissioners, all costs in

the district court shall be taxed against such party. If, after the

filing of exceptions to the report of commissioners as provided in

this section, the political subdivision shall fail to establish its

right to condemn such business, the owner shall be restored to

possession of the business, or part thereof, and the political

subdivision shall pay the owner for any damages sustained through

the occupation by the political subdivision. If such damages cannot

be determined by amicable settlement, the damages shall be

determined by jury trial in the same proceedings.

H. Either party aggrieved may appeal to the Supreme Court from

the decision of the district court on exceptions to the report of

commissioners, or jury trial. The review or appeal shall not delay

the work of the political subdivision in question if the award of

commissioners, or jury, as the case may be, has been deposited with

the clerk for such owner. In no case shall the political

subdivision be liable for the costs on the review or appeal unless

the owner of the business shall be adjudged entitled, upon either

review or appeal, to a greater amount of damages than was awarded by

the commissioners. The political subdivision shall in all cases pay

the cost of the commissioners' fees and expenses, for their

services, as determined and ordered paid by the judge of the

district court in which such case is pending. However, poundage

fees and condemnation fees shall only be paid by the political

subdivision in the event of appeal resulting in a jury verdict in

excess of the commissioners' award. Under no circumstances shall

any poundage fees or condemnation fees be assessed against the

recipient of the award. In case of review or appeal, a certified

copy of the final order or judgment shall be transmitted by the

clerk of the court to the county clerk and be filed.

I. As used in this section:

1. "Displace" or "displacement" means a political subdivision’s

provision of a service which prohibits a private company from

providing the same service and which the company is providing at the

time the decision to displace is made. Displace or displacement

does not mean:

Oklahoma Statutes - Title 19. Counties and County Officers

a.

competition between the political subdivision and

private companies for individual contracts,

b.

situations where a political subdivision, at the end

of a contract with a private company, does not renew

the contract and either awards the contract to another

private company, or, decides to provide for such

services itself,

c.

situations where action is taken against the private

company because the company has acted in a manner

threatening to the public health, safety and welfare

of the citizens of the political subdivision or

resulting in a substantial public nuisance,

d.

situations where action is taken against the private

company because the company has materially breached

its contract with the political subdivision, or

e.

entering into a contract with a private company to

provide solid waste collection so long as the contract

is not entered into pursuant to an ordinance which

displaces or authorizes the displacement of another

private company providing solid waste collection;

2. "Just compensation" means the value of the business taken,

and in addition, any injury to any part of the business not taken.

Any special and direct benefits to the part of the business not

taken may be offset only against any injury to the business not

taken. If only a part of the business is taken, just compensation

shall be ascertained by determining the difference between the fair

market value of the whole business immediately before the taking and

the fair market value of that portion left remaining immediately

after the taking; and

3. "Solid waste" shall have the same meaning as provided in

Section 2-10-103 of Title 27A of the Oklahoma Statutes.

Added by Laws 1999, c. 52, § 1, eff. Nov. 1, 1999.