Oklahoma § 64-1087 - Negotiations and conveyances in lieu of condemnation

§ 64-1087. Negotiations and conveyances in lieu of condemnation

proceedings.

When the United States of America, acting through the Secretary

of the Interior, or his duly authorized representative, or acting

through the Secretary of War, or his duly authorized representative,

shall determine that the construction, development, operation or

maintenance of any irrigation, reclamation, water conservation and

utilization, flood control, military or national defense project, or

any needful public building or other public project being

constructed, operated, developed or maintained under the laws of the

United States, requires the appropriation of the fee simple title or

any lesser estate, right or easement in and to or upon any tract of

land owned by the State of Oklahoma and acquired by the state

through and by reason of grants to the State of Oklahoma, made by

the terms of the Enabling Act, and files a certificate executed by

the Secretary of the Interior, or his duly authorized

representative, or by the Secretary of War, or his duly authorized

representative, certifying that the fee simple title or some lesser

estate, right or easement in and to or upon such land will be

appropriated and taken for such purposes under the power of eminent

domain, the Commissioners of the Land Office may enter into

negotiations with the United States of America, acting as aforesaid,

for the purpose of determining by agreement the amount which the

State of Oklahoma will be entitled to receive by reason of such

appropriation for said purposes. If the Commissioners of the Land

Office are able to agree with the United States of America, acting

as aforesaid, on the amount to which the State of Oklahoma will be

entitled by reason of such appropriation, the Commissioners of the

Land Office, by and with the consent of the Governor of the State of

Oklahoma, may upon payment of the amount of compensation agreed upon

and in recognition of the taking and appropriation of such land and

in lieu of condemnation proceedings for the determination of the

amount of such damages, execute a deed of conveyance evidencing the

title or right acquired by the United States of America in the

exercise of its sovereign powers and further evidencing the payment

and receipt of full compensation for the land, right, easement or

Oklahoma Statutes - Title 64. Public Lands

estate so appropriated. The execution and delivery of said deed

shall operate as conclusive evidence of such appropriation and

taking and the United States of America shall thereupon be

authorized to enter upon and take possession of the land to the

extent of such appropriation as evidenced by said deed. Said deed

of conveyance shall not be effective unless the approval of the

Governor is endorsed thereon in writing. The Commissioners of the

Land Office shall have like power to execute deeds of conveyance in

lieu of condemnation proceedings when any irrigation district,

conservancy district or water users' association, organized under

the laws of the State of Oklahoma, certifies by and through its

board of directors the necessity of taking of any such lands, and

upon such certification by such irrigation district, conservancy

district or water users' association, the provisions of this section

shall apply with like force and effect to all such state-owned

lands, or any lesser estate, right or easement therein or thereon,

so appropriated by any such district or association.

Deeds in lieu of condemnation proceedings shall be executed by

the presiding officer of the Commissioners of the Land Office and

attested by the Secretary but no such deed shall be effective unless

and until the approval of the Governor is endorsed thereon in

writing.

Added by Laws 1941, p. 306, § 3, emerg. eff. Feb. 28, 1941.

Renumbered from § 423 of this title by Laws 2010, c. 41, § 139,

emerg. eff. April 2, 2010.