A. Where a condemnation proceeding is instituted by any person, agency, or other entity to acquire real property for use as provided in Section 9 of this title or Section 52, 60, or 61 of Title 52 of the Oklahoma Statutes and a jury trial is requested by the owner of any right, title, or interest in such real property, or by both such owner and the condemning authority, and the award of the jury exceeds the greater of the award of the court-appointed commissioners or the last timely written offer of just compensation made by the condemning authority by at least ten percent (10%), the owner of any right, title, or interest in such real property may be paid such sum as in the opinion of the court will reimburse such owner for his or her reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order. The written offer of just compensation will be considered timely for purposes of this subsection if the offer is made at any time prior to seventy-five (75) days after the report of the court-appointed commissioners is filed. The final award of such sums shall be paid by the person, agency, or other entity which sought to condemn the property.

B. Where a condemnation proceeding is instituted for the purposes set forth in subsection A of this section and the final judgment is that the real property cannot be acquired by condemnation, if the party instituting the proceeding abandons such proceeding, or if a jury trial is requested only by the condemning authority, and the award of the jury exceeds ninety percent (90%) of the greater of the award of the court-appointed commissioners or the last written offer of just compensation made by the condemning authority, the owner of any right, title, or interest in such real property may be paid such sum as in the opinion of the court will reimburse such owner for his or her reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order. The written offer of just compensation will be considered timely for purposes of this subsection if it is made at any time prior to seventy-five (75) days after the report of the court-appointed commissioners is filed. The final award of such sums shall be paid by the person, agency, or other entity which sought to condemn the property.

Historical Data

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Laws 1971, HB 1479, c. 355, § 3, eff. July 1, 1972; Amended by Laws 1975, HB 1346, c. 354, § 1, eff. October 1, 1975; Amended by Laws 2025, HB 2036, c. 255, § 1, eff. November 1, 2025 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Oklahoma Attorney General's Opinions
	Cite	Name	Level
	1984 OK AG 176,	Question Submitted by: The Honorable James E. Henshaw, Oklahoma House of Representatives	Discussed at Length
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Level
	1994 OK CIV APP 35, 875 P.2d 441, 65 OBJ 1990,	Willard v. Ward	Cited
	1994 OK CIV APP 118, 881 P.2d 771, 65 OBJ 3084,	Oklahoma Turnpike Authority v. Wade	Discussed
	2004 OK CIV APP 48, 91 P.3d 656,	STATE ex rel. DEPT. OF TRANSPORTATION v. CHELSEA BUTANE CO.	Discussed at Length
	2006 OK CIV APP 71, 136 P.3d 718,	STATE ex rel. DEPT. OF TRANSPORTATION v. ALLIED TOWER CO., INC.	Discussed
	2007 OK CIV APP 107, 172 P.3d 225,	STATE ex rel. DEPT. OF TRANSPORTATION v. DOWNEY	Cited
	2008 OK CIV APP 109, 214 P.3d 810,	STATE ex rel. DEPT. OF TRANSPORTATION v. UNITED COMMERCIAL PROPERTIES, INC.	Discussed at Length
	2009 OK CIV APP 10, 217 P.3d 120,	VERTEX HOLDINGS, LLC v. CRANKE	Cited
	2009 OK CIV APP 83, 221 P.3d 141,	STATE ex rel. DEPT. OF TRANSPORTATION v. MINOR	Discussed at Length
	2013 OK CIV APP 49, 307 P.3d 360,	SILVER CREEK INVESTMENTS, INC. v. WHITTEN CONSTRUCTION MANAGEMENT, INC.	Discussed
	2015 OK CIV APP 1, 342 P.3d 1007,	CALYX ENERGY, LLC v. HALL	Cited
	2017 OK CIV APP 60, 406 P.3d 36,	KAMO ELECTRIC COOPERATIVE v. NICHOLS	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1993 OK 134, 862 P.2d 77, 64 OBJ 3283,	Carter v. City of Oklahoma City	Discussed at Length
	1994 OK 9, 870 P.2d 762, 65 OBJ 283,	Oklahoma Turnpike Authority v. New Life Pentecostal Church of Jenks	Cited
	2001 OK 72, 41 P.3d 960, 72 OBJ 2708,	STATE ex rel. DEPT. OF TRANSPORTATION v. NORMAN INDUSTRIAL DEVELOPMENT CORP.	Discussed at Length
	2005 OK 7, 107 P.3d 593,	STATE ex rel. DEPT. OF TRANSPORTATION v. CARTER	Cited
	2005 OK 69, 125 P.3d 1183,	STATE ex rel. DEPT. OF TRANSPORTATION v. POST	Cited
	2013 OK 99, 320 P.3d 23,	STATE ex rel. OKLA. DEPT. OF TRANSPORTATION v. CEDARS GROUP, LLC	Cited
	2014 OK 47, 335 P.3d 771,	STATE ex rel. DEPT. OF TRANSPORTATION v. LAMAR ADVERTISING OF OKLAHOMA, INC.	Cited
	2017 OK 12, 393 P.3d 1095,	STATE ex rel. DEPT. OF TRANSPORTATION v. CEDARS GROUP, L.L.C.	Discussed at Length
	1984 OK 94, 700 P.2d 1011,	Woods Petroleum Corp. v. Delhi Gas Pipeline Corp.	Cited

Citationizer: Table of Authority

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Cite	Name	Level
Oklahoma Session Laws - 2025
	Cite	Name	Level
	2025 O.S.L. 255, 2025 O.S.L. 255,	[HB 2036] - Condemnation proceedings	Cited
Title 27. Eminent Domain
	Cite	Name	Level
	27 O.S. 11,	Reimbursement of Expenses when Property not Acquired	Cited
	27 O.S. 9,	Application	Cited
Title 52. Oil and Gas
	Cite	Name	Level
	52 O.S. 52,	Right of Way	Cited
	52 O.S. 60,	Eminent Domain Extended to Oil Pipelines Same as Railroads	Cited
	52 O.S. 61,	Who May Have Right of Eminent Domain	Cited