A. If the owner of any real property or interest therein, over which any railroad corporation, incorporated under the laws of this state, may desire to locate its road, shall refuse to grant the right-of-way through and over his premises, the district judge of the county in which said real property may be situated shall, upon the application or petition of either party, and after ten (10) days' notice to the opposite party, direct the sheriff of said county to summon three disinterested freeholders, to be selected by said judge as commissioners, and who shall not be interested in a like question.

B. The condemnor shall give notice to a condemnee by personal service or by leaving a copy of the notice at the condemnee's place of residence with some member of his family over fifteen (15) years of age, or by publication in the case of a condemnee who resides out of this state or a resident of this state who has departed herefrom with intent to avoid service of notice, or whose whereabouts or identity the condemnor, or his attorney, upon diligent inquiry is unable to ascertain, or an unknown heir, successor or assign of one in whom some right, title or interest in the property concerned was possessed, by publishing such notice once a week for two (2) consecutive weeks in a newspaper authorized by law to publish legal notices in the county where the petition is filed, the ten-day period to begin with the first publication. A copy of such notice and a copy of the petition shall be mailed to such opposite party's last-known mailing address within five (5) days of the first publication thereof. The procedure for service by publication as authorized herein shall in all other respects be as provided by law for service by publication in civil actions, except summons need not first be issued.

C. The commissioners shall be sworn to perform their duties impartially and justly; and they shall inspect said real property and consider the injury which said owner may sustain by reason of the condemnation and they shall assess the just compensation to which said owner is entitled; and they shall forthwith make report in writing to the clerk of the court, setting forth the quantity, boundaries, and just compensation for the property taken, and amount of injury done to the property, either directly or indirectly, which they assess to the owner; which report must be filed and recorded by the clerk. A certified copy of the report may be transmitted to the county clerk of the county where the land lies, to be by him filed and recorded, without further acknowledgment or proof, in the manner and with like force and effect as is provided for the recording of deeds. And if said corporation shall, at any time before it enters upon said real property for the purpose of constructing said road, pay to said clerk for the use of said owner the sum so assessed and reported to him as aforesaid, it shall thereby be authorized to construct and maintain its road over and across said premises.

D. "Just compensation", as used in subsection C of this section, shall mean the value of the property taken, and in addition, any injury to any part of the property not taken. Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken. If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole tract immediately before the taking and the fair market value of that portion left remaining immediately after the taking.

Historical Data

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R.L. 1910, § 1400; Amended by Laws 1971, SB 17, c. 33, § 1, eff. January 1, 1972; Amended by Laws 1973, SB 27, c. 28, § 1, eff. January 1, 1974; Amended by Laws 1991, SB 452, c. 175, § 2, emerg. eff. May 8, 1991.

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 126,	Question Submitted by: The Honorable Norman Lamb, Oklahoma State Senate	Discussed
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Level
	1993 OK CIV APP 39, 849 P.2d 1109, 64 OBJ 1117,	Rummage v. State ex rel. Dept. of Transp.	Cited
	1993 OK CIV APP 40, 849 P.2d 1113, 64 OBJ 1205,	Underwood v. State ex rel. Dept. of Transp.	Cited
	1993 OK CIV APP 45, 856 P.2d 575, 64 OBJ 2527,	Corbell v. State ex rel. Dept. of Transp.	Cited
	1994 OK CIV APP 42, 873 P.2d 311, 65 OBJ 1655,	Western Farmers Elec. Co-op., Anadarko Oklahoma v. Stephenson	Cited
	2002 OK CIV APP 51, 46 P.3d 173,	CITY OF MARLOW v. BOOKER	Discussed
	2004 OK CIV APP 80, 99 P.3d 253,	CITY OF STIGLER v. CRUMLEY	Discussed
	2007 OK CIV APP 18, 155 P.3d 845,	PUBLIC SERVICE COMPANY OF OKLAHOMA v. WILLIS	Discussed at Length
	2007 OK CIV APP 55, 164 P.3d 254,	CHESAPEAKE OPERATING, INC. v. LOOMIS	Cited
	2008 OK CIV APP 44, 184 P.3d 561,	JONES v. RANSOM	Cited
	2010 OK CIV APP 6, 228 P.3d 538,	BEAL v. WESTERN FARMERS ELECTRIC COOPERATIVE	Cited
	2014 OK CIV APP 40, 324 P.3d 415,	INDEPENDENT SCHOOL DIST. NO. 5 OF TULSA COUNTY v. TAYLOR	Discussed
	2015 OK CIV APP 76, 359 P.3d 192,	VAUGHN v. CITY OF MUSKOGEE	Cited
	1999 OK CIV APP 62, 984 P.2d 247, 70 OBJ 1976,	City of Oklahoma City v. Hamilton	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1997 OK 78, 941 P.2d 995, 68 OBJ 2213,	PUBLIC SERVICE COMPANY OF OKLAHOMA v. B. WILLIS, C.P.A., INC.	Discussed
	1952 OK 81, 242 P.2d 710, 206 Okla 286,	STATE EX REL. v. ZABLOUDIL	Discussed
	1952 OK 203, 244 P.2d 1145, 206 Okla 541,	OKLAHOMA TURNPIKE AUTHORITY v. BYRUM	Cited
	1953 OK 109, 256 P.2d 438, 208 Okla 396,	OKLAHOMA TURNPIKE AUTHORITY v. DYE	Cited
	1954 OK 112, 269 P.2d 359,	KELLY v. OKLAHOMA TURNPIKE AUTHORITY	Cited
	1960 OK 149, 354 P.2d 458,	GRAHAM v. CITY OF DUNCAN	Cited
	1961 OK 26, 359 P.2d 318,	CAPPS v. WHITEGRASS-WATERHOLE FLOOD CONTROL, ETC.	Discussed
	1965 OK 104, 405 P.2d 1,	OKLAHOMA CITY v. MORRIS	Discussed
	1965 OK 197, 409 P.2d 369,	ARKANSAS LOUISIANA GAS COMPANY v. MAGGI	Cited
	1971 OK 51, 484 P.2d 523,	OKLAHOMA CITY v. LOCKERT	Cited
	1974 OK 26, 520 P.2d 670,	DELHI GAS PIPELINE CORPORATION v. SWANSON	Cited
	2008 OK 103, 204 P.3d 1279,	STATE ex rel. DEPT. OF TRANSPORTATION v. PERDUE	Discussed
	2009 OK 40, 236 P.3d 49,	STATE ex rel. DEPARTMENT OF TRANSPORTATION v. COLE	Discussed at Length
	2009 OK 41, 236 P.3d 49,	STATE ex rel. DEPARTMENT OF TRANSPORTATION v. SISSOM	Discussed at Length
	2009 OK 42, 236 P.3d 49,	STATE ex rel. DEPARTMENT OF TRANSPORTATION v. SISSOM	Discussed at Length
	1975 OK 68, 535 P.2d 295,	SWATEK v. BOARD OF REGENTS OF OKLAHOMA COLLEGES	Cited
	1980 OK 30, 607 P.2d 697,	Campbell v. Edinger	Cited
	1976 OK 53, 552 P.2d 375,	ALLEN v. TRANSOK PIPE LINE COMPANY	Discussed
	1977 OK 248, 576 P.2d 1144,	YOUNG v. SEAWAY PIPELINE, INC.	Cited
	1981 OK 55, 635 P.2d 1006,	Miller v. Corporation Commission	Cited
	1950 OK 197, 220 P.2d 693, 203 Okla. 307,	TOWN of AMES v. WYBRANT	Cited
	1949 OK 88, 207 P.2d 308, 201 Okla. 494,	FRENCH v. AYRES	Cited
	1985 OK 8, 699 P.2d 1083,	Root v. Kamo Elec. Co-op., Inc.	Cited
Title 18. Corporations
	Cite	Name	Level
	18 O.S. 437.2,	Powers of a Cooperative	Cited

Citationizer: Table of Authority

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Cite	Name	Level
None Found.