Oklahoma § 27-13 - Policies

§ 27-13. Policies

Any person, acquiring agency or other entity acquiring real

property for any public project or program described in Section 9 of

this title shall comply with the following policies:

1. Every reasonable effort shall be made to acquire,

expeditiously, real property by negotiation.

2. Real property shall be appraised before the initiation of

negotiations, and the owner or his designated representative shall

be given an opportunity to accompany the appraiser during his

inspection of the property, except that the head or governing body

of the entity acquiring real property, if so mandated by federal law

or regulation, may prescribe a procedure to waive the appraisal in

cases involving the acquisition by sale or donation of property with

a low fair market value as such value is defined by federal law or

regulation.

3. Before the initiation of negotiations for real property, an

amount shall be established which is reasonably believed to be just

compensation therefor and such amount shall be promptly offered for

the property. In no event shall such amount be less than the

approved appraisal of the fair market value of such real property.

Any decrease or increase in the fair market value of real property

prior to the date of valuation caused by the public improvement for

which such property is acquired, or by the likelihood that the

property would be acquired for such improvement, other than that due

to physical deterioration within the reasonable control of the

Oklahoma Statutes - Title 27. Eminent Domain

owner, will be disregarded in determining the compensation for the

property. The owner of the real property to be acquired shall be

provided with a written statement of, and summary of the basis for,

the amount established as just compensation. Where appropriate, the

just compensation for the real property acquired and for damages to

remaining real property shall be separately stated.

4. No owner shall be required to surrender possession of real

property before the agreed purchase price is paid or deposited with

the state court, in accordance with applicable law, for the benefit

of the owner of an amount not less than the approved appraisal of

the fair market value of such property, or the amount of the award

of compensation in the condemnation proceeding of such property.

5. The construction or development of a public improvement

shall be so scheduled that, to the greatest extent practicable, no

person lawfully occupying real property shall be required to move

from a dwelling, assuming a replacement dwelling, as required by the

Oklahoma Relocation Assistance Act, will be available, or to move

his business or farm operation without at least ninety (90) days'

written notice from the date by which such move is required.

6. If any owner or tenant is permitted to occupy the real

property acquired on a rental basis for a short term or for a period

subject to termination on short notice, the amount of rent required

shall not exceed the fair rental value of the property to a shortterm occupier.

7. In no event shall the time of condemnation be advanced, on

negotiations or condemnation and the deposit of funds in court for

the use of the owner be deferred, or any other coercive action be

taken to compel an agreement on the price to be paid for the

property.

8. If an interest in real property is to be acquired by

exercise of power of eminent domain, formal condemnation proceedings

shall be instituted. The acquiring authority shall not

intentionally make it necessary for an owner to institute legal

proceedings to prove the fact of the taking of his real property.

9. If the acquisition of only part of the property would leave

its owner with an uneconomic remnant, an offer to acquire that

remnant shall be made. For the purposes of this section, an

uneconomic remnant is a parcel of real property in which the owner

is left with an interest after the partial acquisition of the

property of the owner which has little or no value or utility to the

owner.

10. A person whose real property is being acquired in

accordance with this title may, after the person has been fully

informed of his right to receive just compensation for such

property, donate such property, any part thereof, any interest

therein, or any compensation paid therefor, as such person shall

determine.

Oklahoma Statutes - Title 27. Eminent Domain

11.

As used in this section:

a.

"Appraisal" means a written statement independently

and impartially prepared by a qualified appraiser

setting forth an opinion of defined value of an

adequately described property as of a specific date,

supported by the presentation and analysis of relevant

market information; and

b.

"Acquiring agency" means:

(1) a state agency which has the authority to acquire

property by eminent domain pursuant to state law,

and

(2) a state agency or person which does not have such

authority, to the extent provided by regulation.

Laws 1971, c. 355, § 5, eff. July 1, 1972; Laws 1988, c. 315, § 2,

emerg. eff. July 6, 1988.