Oklahoma § 66-57 - Eminent domain and condemnation proceedings by railroads

§ 66-57. Eminent domain and condemnation proceedings by railroads

The provisions of this article with reference to eminent domain

shall apply to all corporations having the right to eminent domain,

and shall apply to the State of Oklahoma and its various

educational, reformatory, penal and eleemosynary institutions,

including departments of state having the power to purchase real

property for public purposes, and such institutions and departments

shall have the right under this article to acquire fee simple title

to the property taken. When the State of Oklahoma through the

managing board or commission of the institution or department of

state concerned is unable to purchase any real property needed for

any such institution or department, condemnation proceedings to take

the same and to pay damages therefor may be instituted in the name

of the State of Oklahoma by the managing board or commission of the

institution or department of state involved; and all such

institutions and corporations shall have the right, under the

provisions of this article, to acquire right-of-way over, under,

along or across the property or right-of-way of any other such

corporation, not inconsistent with the purposes for which such

property was taken or acquired. In all cases of condemnation of

property for either public or private use, the determination of the

character of the use shall be a judicial question; and the procedure

shall be as provided herein: Provided, that in case any corporation

or municipality authorized to exercise the right of eminent domain

shall have taken and occupied, for purposes for which it might have

resorted to condemnation proceedings, as provided in this article,

any land, without having purchased or condemned the same, the damage

thereby inflicted upon the owner of such land shall be determined in

the manner provided in this article for condemnation proceedings.

R.L. 1910, § 1404; Laws 1929, c. 24, p. 20, § 1, emerg. eff. March

19, 1929.