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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 836 By: Rader
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6 AS INTRODUCED
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7 An Act relating to right of way; amending 69 O.S.
7 2021, Section 1203, which relates to acquisition of
8 lands or interests by purchase, donation, or
8 condemnation; creating certain time limit for certain
9 liability; updating statutory language; providing an
9 effective date; and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 69 O.S. 2021, Section 1203, is
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14 amended to read as follows:
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15 Section 1203. (a) A. The Department shall have authority to
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16 acquire in fee simple in the name of the State of Oklahoma, by
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17 purchase, donation or condemnation, lands or such interests therein
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18 as in its discretion may be necessary for the purpose of
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19 establishing, constructing, and maintaining state highways or
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20 relocations thereof, and facilities necessary or incident thereto,
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21 including borrow areas, channel changes, and deposits of rock,
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22 gravel, sand and other road building material for use in highway
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23 construction and maintenance. Such acquisition may be for immediate
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24 or future use. The Department may acquire reasonable amounts of
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1 land adjacent to its normal right-of-way for the purpose of
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2 screening unsightly areas adjacent to highways, landscaping safety,
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3 rest areas, and scenic overlook areas.
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4 (b) B. In determining the amount of land required, or width of
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5 right-of-way necessary for such state highways, the Department shall
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6 take into consideration the present and probable future needs in
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7 connection with maintaining and reconstructing the highways, and the
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8 prevention of traffic congestion and hazards.
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9 (c) C. Except in instances where there are nonresident owners,
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10 unknown heirs, imperfect titles, and owners whose whereabouts cannot
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11 be ascertained with reasonable diligence, the Department shall give
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12 the owner an opportunity to sell the necessary lands or interests
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13 therein to the State of Oklahoma before resort to condemnation may
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14 be had. The Department may condemn such lands or interests therein
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15 in the following manner:
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16 The district judge of the county in which the real property may
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17 be situated, upon petition of either party, and after ten (10) days'
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18 notice to the opposite party, either by personal service or by
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19 leaving a copy thereof at his usual place of residence with some
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20 member of his family over fifteen (15) years of age, or, in the case
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21 of nonresidents, unknown heirs or other persons whose whereabouts
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22 cannot be ascertained, by publication in two issues of a newspaper
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23 in general circulation in the county (the ten-day period to begin
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24 with the first publication), shall direct the sheriff of the county
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1 to summon three disinterested freeholders, to be selected by the
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2 judge as commissioners, and who shall not be interested in a like
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3 question. The commissioners shall be sworn to perform their duties
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4 impartially and justly; and they shall inspect the real property and
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5 consider the injury which the owner may sustain by reason of the
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6 condemnation, and they shall assess the just compensation to which
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7 the owner is entitled; and they shall forthwith make a report in
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8 writing to the clerk of the court, setting forth the quantity,
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9 boundaries and just compensation for the property taken, and amount
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10 of injury done to the property, either directly or indirectly, which
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11 they assess to the owner, which report must be filed and recorded by
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12 the clerk. A certified copy of the report may be transmitted to the
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13 county clerk of the county where the land lies, to be filed and
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14 recorded by the county clerk (without further acknowledgment or
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15 proof) in the same manner and with like force and effect as is
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16 provided for the recording of deeds. The procedure for service by
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17 publication as authorized herein shall be the same as provided by
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18 law for service by publication in civil actions, except summons need
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19 not be issued and served, and except as otherwise provided herein.
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20 (d) D. Immediately upon payment to the clerk of the court for
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21 the use of the owner the sum so assessed and reported to the court
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22 clerk as aforesaid, the Department shall thereby be authorized to
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23 enter upon the condemned premises, and remove and dispose of any
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24 obstructions thereon, by sale or otherwise. If the landowner shall
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Req. No. 510 Page 3
1 refuse to deliver up possession to the Department, the court shall
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2 issue an order to the sheriff of the county to place the Department
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3 in possession thereof.
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4 (e) E. (1) 1. The report of commissioners may be reviewed by
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5 the district court, on written exceptions filed by either party in
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6 the clerk's office within thirty (30) days after the filing of such
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7 report, and the court, after hearing had, shall make such order
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8 therein as right and justice may require, either by confirmation,
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9 rejection or by ordering a new appraisement on good cause shown.
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10 Provided, that in the event a new appraisement is ordered, the
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11 Department shall have the continuing right of possession obtained
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12 under the first appraisal, unless and until its right to condemn has
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13 finally been determined otherwise; or either party may within sixty
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14 (60) days after the filing of such report file with the clerk a
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15 written demand for a trial by jury, in which case the amount of
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16 damages shall be assessed by a jury, and the trial shall be
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17 conducted and judgment entered in the same manner as civil actions
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18 in the district court. If the party demanding such trial does not
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19 recover a verdict more favorable to the party than the assessment of
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20 the commissioners, all costs in the district court shall be taxed
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21 against the party. No owner upon whom proper service by publication
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22 has been had, as provided in this title, shall be let in to defend
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23 after expiration of time for appeal or review of the report of
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24 commissioners as above provided has elapsed. Provided, that if,
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1 after the filing of exceptions to the report of commissioners as
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2 hereinafter provided, the Department shall fail to establish its
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3 right to condemn such premises, or any part thereof, the landowner
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4 shall be restored to possession of the premises, or part thereof,
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5 and the Department shall pay for any damages sustained through the
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6 occupation by the Department, and if such damages cannot be
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7 determined by amicable settlement they shall be determined by jury
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8 trial in the same proceedings.
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9 (2) 2. Within ten (10) days after the Report of Commissioners
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10 is filed, the court clerk shall forward to the attorney of record
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11 for the condemnor, the attorney of record for each condemnee, and to
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12 all unrepresented condemnees, a copy of the commissioners' report
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13 and a notice, stating the time limits for filing an exception or
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14 demand for jury trial as specified in paragraph (A) of Section 55 of
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15 Title 66 of the Oklahoma Statutes. The attorney of record for the
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16 condemnor shall provide the clerk of the court with the names and
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17 last-known addresses of the parties to whom notice and the report of
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18 the commissioners shall be mailed, sufficient copies of the notice
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19 and report to be mailed, and pre-addressed, postage-paid envelopes.
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20 This notice shall be on a form prepared by the Court Administrator,
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21 which shall be approved by the Supreme Court, and shall be
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22 distributed to all clerks of the district court by the Court
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23 Administrator. If a party has been served by publication, the clerk
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24 shall forward a copy of the report of commissioners and notice of
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1 time limits for filing an exception or demand for jury trial to the
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2 last-known mailing address, if any, and shall cause a copy of the
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3 notice of time limits to be published in one issue of a newspaper
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4 qualified to publish legal notices, as defined in Section 106 of
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5 Title 25 of the Oklahoma Statutes. After issuing the notices
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6 provided herein the court clerk shall endorse on the notice form
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7 filed in the case the date and that a copy of the report together
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8 with the notice form filed in the case was forwarded to each
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9 condemnee and each attorney of record, or the date the notice was
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10 published in compliance with the provisions hereof.
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11 (3) 3. The time limits for filing an exception and demand for
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12 jury trial, as prescribed in paragraph (A) of Section 55 of Title 66
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13 of the Oklahoma Statutes, shall be calculated from the date the
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14 report of the commissioners is filed in the case. On failure of the
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15 court clerk to give notice within the time prescribed in paragraph
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16 (B) of Section 55 of Title 66 of the Oklahoma Statutes, the court,
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17 on application of any party, may extend the time for filing an
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18 exception to the report, or a demand for trial by jury for a period
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19 not to exceed twenty (20) days from the date the application is
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20 heard.
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21 (f) F. Either party aggrieved may appeal to the Supreme Court
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22 from the decision of the district court on exceptions to the report
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23 of commissioners, or jury trial; but such review or appeal shall not
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24 delay the prosecution of the work on such highway over the premises
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1 in question if the award of commissioners, or jury, as the case may
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2 be, has been deposited with the clerk for such owner, and in no case
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3 shall the Department be liable for the costs on such review or
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4 appeal unless the owner of the real property shall be adjudged
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5 entitled, upon either review or appeal, to a greater amount of
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6 damages than was awarded by the commissioners. The Department shall
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7 in all cases pay the cost of the commissioners' fees and expenses,
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8 for their services, as determined and ordered paid by the judge of
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9 the district court in which such case is pending, however, poundage
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10 fees and condemnation fees shall only be paid by the Department in
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11 the event of appeal resulting in a jury verdict in excess of the
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12 commissioners' award, but under no circumstances shall any poundage
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13 fees or condemnation fees be assessed against the recipient of the
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14 award. And in case of review or appeal, a certified copy of the
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15 final order or judgment shall be transmitted by the clerk of the
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16 court, duly certified, to the proper county clerk, to be filed and
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17 recorded as hereinabove provided for the recording of the report,
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18 and with like effect.
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19 (g) G. When an estate is being probated, or a minor or
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20 incompetent person has a legal guardian, the administrator or
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21 executor of the estate, or guardian of the minor or incompetent
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22 person, shall have the authority to execute all instruments of
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23 conveyance provided for in this title on behalf of the estate, minor
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24 or incompetent person without other proceedings than approval by the
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1 judge of the district court endorsed on the instrument of
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2 conveyance.
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3 (h) H. "Just compensation", as used in this section, shall mean
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4 the value of the property taken, and in addition, any injury to any
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5 part of the property not taken. Any special and direct benefits to
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6 the part of the property not taken may be offset only against any
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7 injury to the property not taken. If only a part of a tract is
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8 taken, just compensation shall be ascertained by determining the
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9 difference between the fair market value of the whole tract
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10 immediately before the taking and the fair market value of that
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11 portion left remaining immediately after the taking.
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12 (i) I. 1. In the event that the determination of just
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13 compensation of a property is less than the commissioners' award for
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14 such real property, any mortgagee or lien holder who received
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15 payment from the commissioners' award in an amount in excess of the
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16 finding of just compensation value of the real property taken will
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17 only be liable for and required to pay back to the condemnor no more
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18 than the difference between what was actually received by the
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19 mortgagee or lien holder from the commissioners' award and the
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20 jury's just compensation value.
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21 2. In all respects a mortgagee or lien holder will only be
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22 liable to return to the condemnor any sums actually paid to and
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23 received by such party in excess of the determination of just
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24 compensation for the real property. The mortgagor would be and
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1 remain liable to the mortgagee or lien holder for the excess that is
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2 paid by the mortgagee or lienholder to the condemning authority.
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3 3. The mortgagee or lien holder shall only be liable for and
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4 required to pay back to the condemnor the monies required in
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5 paragraph 1 of this subsection if such determination of just
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6 compensation is made within one (1) year of the mortgagee or lien
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7 holder receiving payment from the commissioners' award.
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8 SECTION 2. This act shall become effective July 1, 2025.
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9 SECTION 3. It being immediately necessary for the preservation
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10 of the public peace, health or safety, an emergency is hereby
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11 declared to exist, by reason whereof this act shall take effect and
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12 be in full force from and after its passage and approval.
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