Oklahoma § 27-2 - Condemnation procedure for state lands

§ 27-2. Condemnation procedure for state lands

Before any public corporation, municipality or other entity or

person authorized to exercise the right of eminent domain under

existing law, shall have the right to condemn or take any part of

such lands, a plat of the grounds proposed to be taken, showing the

part of the particular subdivision, shall be prepared and filed with

the Governor of said state, together with a sworn statement of the

engineer or superintendent in charge of such public work, that the

taking of such lands is necessary to the exercise of the powers of

such municipality or corporation; and it shall be the duty of the

Governor to appoint three disinterested persons, resident

householders of the county in which such land is located, who shall

first take an oath to fairly and impartially appraise the value of

the ground so taken, and the damage to the remaining parts of such

subdivision by the taking thereof, and the said appraisers shall

notify the Governor and the officers of such corporation of the time

and place when they will proceed to appraise such damage, and at

such time and place, upon actual view of the premises, the said

appraisers shall meet and appraise the damage, in writing, and

return one copy thereof under their signatures to the Governor of

the state, and one copy to the principal officer of such corporation

or municipality in charge of such construction, and if either party

is aggrieved they may, within ten (10) days, appeal to the district

court of the county where such land is located, in the same manner

that appeals are taken from judgment of justices of the peace, where

the amount of such damage shall be tried by a jury, as other causes

are tried. In case no appeal is taken from the award of such

appraisers, such corporation or municipality shall have the right to

occupy such grounds by the paying into the State Treasury the amount

of such award. In case either party appeals, such corporation or

municipality shall have the right to occupy such grounds upon giving

bond in treble the amount of the award, with sureties to be approved

by the clerk of the district court where such appeal is pending, to

the effect that the corporation or municipality will pay said award

Oklahoma Statutes - Title 27. Eminent Domain

if such appeal be dismissed, or shall pay any judgment finally

rendered in said action if the same shall be tried.

R.L. 1910, § 3184.