Review of Commissioner's Report - Jury Trial - Notice

OSCN Found Document:Review of Commissioner's Report - Jury Trial - Notice - Costs

Title 66. Railroads

Oklahoma Statutes Citationized
  Title 66. Railroads
    Chapter 2 - Acquisition of Land
        Section 55 - Review of Commissioner's Report - Jury Trial - Notice - Costs
Cite as: 66 O.S. § 55 (OSCN 2026)

A. The report of the commissioners may be reviewed by the district court, on written exceptions filed by either party, in the clerk’s office within thirty (30) days after the filing of such report; and the court shall make such order therein as right and justice may require, either by confirmation, rejection, or by ordering a new appraisement on good cause shown; or either party may within sixty (60) days after the filing of such report file with the clerk a written demand for a trial by jury, in which case the amount of damages shall be assessed by a jury, and the trial shall be conducted and judgment entered in the same manner as civil actions in the district court. If the party demanding such trial does not recover a verdict more favorable to such party than the assessment of the commissioners, all costs in the district court may be taxed against such party.

B. Within ten (10) days after the report of commissioners is filed, the court clerk shall forward to the attorney of record for the condemnor, the attorney of record for each condemnee, and to all unrepresented condemnees, a copy of the commissioners’ report and a notice stating the time limits for filing an exception or demand for jury trial as specified in subsection A of this section. This notice shall be on a form prepared by the Administrative Director of the Courts, which shall be approved by the Supreme Court, and shall be distributed to all clerks of the district court by the Administrative Director of the Courts. If a party has been served by publication, the clerk shall forward a copy of the report of commissioners and notice of time limits for filing an exception or demand for jury trial to the last-known mailing address, if any, and shall cause a copy of the notice of time limits to be published in one issue of a newspaper qualified to publish legal notices, as provided in Section 106 of Title 25 of the Oklahoma Statutes. After issuing the notices provided herein, the court clerk shall endorse on the notice form filed in the case, the date and that a copy of the report together with the notice was mailed to each party or each party’s attorney of record, or the date the notice was published in compliance with the provisions hereof.

C. The time limits for filing an exception and demand for jury trial, as prescribed in subsection A of this section, shall be calculated from the date the report of the commissioners is filed in the case. On failure of the court clerk to give notice within the time prescribed in subsection B of this section, the court, on application of any party, may extend the time for filing an exception to the report or a demand for trial by jury for a period not to exceed twenty (20) days from the date the application is heard.

D. If 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%), then the owner of any right, title, or interest in the property involved may be paid such sum as in the opinion of the court will reimburse such owner for his or her reasonable attorney, appraisal, engineering, and expert witness 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 sum awarded shall be paid by the party instituting the condemnation proceedings.

E. If 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 sum awarded shall be paid by the party instituting the condemnation proceedings.

Historical Data

R.L. 1910, § 1402; Amended by Laws 1961, HB 563, p. 497, § 1, emerg. eff. July 17, 1961; Amended by Laws 1970, HB 1676, c. 322, § 1, eff. January 1, 1971; Amended by Laws 1980, HB 1831, c. 195, § 1, emerg. eff. May 12, 1980; Amended by Laws 2025, HB 2036, c. 255, § 2, eff. November 1, 2025 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

Cite Name Level

Oklahoma Court of Civil Appeals Cases

Cite Name Level

1992 OK CIV APP 101, 847 P.2d 821, 64 OBJ 679, TXO Production Corp. v. Stanton Discussed at Length

1994 OK CIV APP 118, 881 P.2d 771, 65 OBJ 3084, Oklahoma Turnpike Authority v. Wade Discussed

2001 OK CIV APP 48, 25 P.3d 936, 72 OBJ 1530, ATWOOD v. ATWOOD Cited

2002 OK CIV APP 51, 46 P.3d 173, CITY OF MARLOW v. BOOKER Cited

1974 OK CIV APP 54, 530 P.2d 578, BLANKENSHIP v. BONE Cited

2003 OK CIV APP 29, 66 P.3d 1004, IN THE MATTER OF C.R.T. Cited

2004 OK CIV APP 80, 99 P.3d 253, CITY OF STIGLER v. CRUMLEY Cited

2007 OK CIV APP 18, 155 P.3d 845, PUBLIC SERVICE COMPANY OF OKLAHOMA v. WILLIS Discussed

2007 OK CIV APP 107, 172 P.3d 225, STATE ex rel. DEPT. OF TRANSPORTATION v. DOWNEY Cited

2007 OK CIV APP 111, 172 P.3d 217, BAYS EXPLORATION, INC. v. JONES Discussed at Length

2008 OK CIV APP 25, 180 P.3d 1214, STATE ex rel. DEPT. OF TRANSPORTATION v. MEHTA Discussed

2008 OK CIV APP 52, 187 P.3d 214, CITY OF NOWATA v. HAMILTON Discussed

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 63, 217 P.3d 165, STATE ex rel. DEPT. OF TRANSPORTATION v. MOORE Cited

2010 OK CIV APP 28, 230 P.3d 907, BAYS EXPLORATION, INC. v. JONES Discussed

2012 OK CIV APP 17, 273 P.3d 880, MATERIAL SERVICE CORPORATION v. ROGERS COUNTY BOARD OF COMMISSIONERS Cited

2014 OK CIV APP 40, 324 P.3d 415, INDEPENDENT SCHOOL DIST. NO. 5 OF TULSA COUNTY v. TAYLOR Discussed at Length

2015 OK CIV APP 1, 342 P.3d 1007, CALYX ENERGY, LLC v. HALL Discussed at Length

2015 OK CIV APP 76, 359 P.3d 192, VAUGHN v. CITY OF MUSKOGEE Discussed at Length

2021 OK CIV APP 6, 484 P.3d 301, STATE ex rel. DEPT. OF TRANSPORTATION v. TRADE WINDS MOTOR HOTEL EAST Cited

2000 OK CIV APP 19, 998 P.2d 1245, 71 OBJ 1208, WILLIAMS v. STATE ex rel. DEPT. OF TRANSPORTATION Discussed at Length

1985 OK CIV APP 1, 698 P.2d 947, Arkansas Louisiana Gas Co. v. Bass Cited

Oklahoma Supreme Court Cases

Cite Name Level

1986 OK 59, 725 P.2d 861, 57 OBJ 2238, Elliott v. City of Guthrie Cited

1987 OK 74, 742 P.2d 1117, 58 OBJ 2238, Petuskey v. Cannon Cited

1989 OK 78, 773 P.2d 1265, 60 OBJ 1383, Andress v. Bowlby Discussed

1990 OK 125, 808 P.2d 640, 61 OBJ 3191, Estate of Pope, Matter of Discussed

1993 OK 134, 862 P.2d 77, 64 OBJ 3283, Carter v. City of Oklahoma City Discussed at Length

1938 OK 88, 77 P.2d 748, 182 Okla. 371, STATE ex rel. AG v. LeVAN Discussed

1994 OK 9, 870 P.2d 762, 65 OBJ 283, Oklahoma Turnpike Authority v. New Life Pentecostal Church of Jenks Discussed at Length

1997 OK 78, 941 P.2d 995, 68 OBJ 2213, PUBLIC SERVICE COMPANY OF OKLAHOMA v. B. WILLIS, C.P.A., INC. Cited

1953 OK 109, 256 P.2d 438, 208 Okla 396, OKLAHOMA TURNPIKE AUTHORITY v. DYE Cited

1945 OK 66, 157 P.2d 174, 195 Okla. 305, NICHOLS v. OKLAHOMA CITY Cited

1954 OK 93, 268 P.2d 281, KLINE v. BOARD OF COUNTY COM'RS OF BLAINE COUNTY Discussed

1954 OK 112, 269 P.2d 359, KELLY v. OKLAHOMA TURNPIKE AUTHORITY Discussed

2001 OK 72, 41 P.3d 960, 72 OBJ 2708, STATE ex rel. DEPT. OF TRANSPORTATION v. NORMAN INDUSTRIAL DEVELOPMENT CORP. Discussed

1971 OK 108, 488 P.2d 1256, 42 OBJ 2387, TRANSOK PIPE LINE COMPANY v. ADAMS Discussed

1972 OK 128, 502 P.2d 1265, CHRISTIE-STEWART, INC. v. PASCHALL Cited

1974 OK 31, 522 P.2d 608, BOARD OF COUNTY COM'RS OF CREEK COUNTY v. CASTEEL Discussed at Length

2005 OK 7, 107 P.3d 593, STATE ex rel. DEPT. OF TRANSPORTATION v. CARTER Discussed at Length

2006 OK 31, 136 P.3d 639, BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY v. LOWERY Discussed at Length

2008 OK 103, 204 P.3d 1279, STATE ex rel. DEPT. OF TRANSPORTATION v. PERDUE Discussed at Length

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 58, 534 P.2d 682, OKLAHOMA CITY URBAN RENEWAL AUTH. v. LINDAUER Cited

2013 OK 99, 320 P.3d 23, STATE ex rel. OKLA. DEPT. OF TRANSPORTATION v. CEDARS GROUP, LLC Cited

1978 OK 86, 580 P.2d 155, CITY OF ARDMORE v. JACKSON Cited

2017 OK 12, 393 P.3d 1095, STATE ex rel. DEPT. OF TRANSPORTATION v. CEDARS GROUP, L.L.C. Discussed at Length

1979 OK 137, 602 P.2d 638, STATE EX REL. DEPT. OF TRANSP. v. MOSS Discussed at Length

2020 OK 84, 474 P.3d 869, STATE OF OKLA. ex rel. COMMISSIONERS OF LAND OFFICE v. STEPHENS AND JOHNSON OPERATING CO., INC. Discussed at Length

1985 OK 8, 699 P.2d 1083, Root v. Kamo Elec. Co-op., Inc. Discussed at Length

Citationizer: Table of Authority

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 25. Definitions and General Provisions

Cite Name Level

25 O.S. 106, Legal Notice Publication By Newspaper - Periodical/Nonperiodical Requirements Cited

Title 66. Railroads

Cite Name Level

66 O.S. 55, Review of Commissioner's Report - Jury Trial - Notice - Costs Cited

Cite	Name	Level
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Level
	1992 OK CIV APP 101, 847 P.2d 821, 64 OBJ 679,	TXO Production Corp. v. Stanton	Discussed at Length
	1994 OK CIV APP 118, 881 P.2d 771, 65 OBJ 3084,	Oklahoma Turnpike Authority v. Wade	Discussed
	2001 OK CIV APP 48, 25 P.3d 936, 72 OBJ 1530,	ATWOOD v. ATWOOD	Cited
	2002 OK CIV APP 51, 46 P.3d 173,	CITY OF MARLOW v. BOOKER	Cited
	1974 OK CIV APP 54, 530 P.2d 578,	BLANKENSHIP v. BONE	Cited
	2003 OK CIV APP 29, 66 P.3d 1004,	IN THE MATTER OF C.R.T.	Cited
	2004 OK CIV APP 80, 99 P.3d 253,	CITY OF STIGLER v. CRUMLEY	Cited
	2007 OK CIV APP 18, 155 P.3d 845,	PUBLIC SERVICE COMPANY OF OKLAHOMA v. WILLIS	Discussed
	2007 OK CIV APP 107, 172 P.3d 225,	STATE ex rel. DEPT. OF TRANSPORTATION v. DOWNEY	Cited
	2007 OK CIV APP 111, 172 P.3d 217,	BAYS EXPLORATION, INC. v. JONES	Discussed at Length
	2008 OK CIV APP 25, 180 P.3d 1214,	STATE ex rel. DEPT. OF TRANSPORTATION v. MEHTA	Discussed
	2008 OK CIV APP 52, 187 P.3d 214,	CITY OF NOWATA v. HAMILTON	Discussed
	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 63, 217 P.3d 165,	STATE ex rel. DEPT. OF TRANSPORTATION v. MOORE	Cited
	2010 OK CIV APP 28, 230 P.3d 907,	BAYS EXPLORATION, INC. v. JONES	Discussed
	2012 OK CIV APP 17, 273 P.3d 880,	MATERIAL SERVICE CORPORATION v. ROGERS COUNTY BOARD OF COMMISSIONERS	Cited
	2014 OK CIV APP 40, 324 P.3d 415,	INDEPENDENT SCHOOL DIST. NO. 5 OF TULSA COUNTY v. TAYLOR	Discussed at Length
	2015 OK CIV APP 1, 342 P.3d 1007,	CALYX ENERGY, LLC v. HALL	Discussed at Length
	2015 OK CIV APP 76, 359 P.3d 192,	VAUGHN v. CITY OF MUSKOGEE	Discussed at Length
	2021 OK CIV APP 6, 484 P.3d 301,	STATE ex rel. DEPT. OF TRANSPORTATION v. TRADE WINDS MOTOR HOTEL EAST	Cited
	2000 OK CIV APP 19, 998 P.2d 1245, 71 OBJ 1208,	WILLIAMS v. STATE ex rel. DEPT. OF TRANSPORTATION	Discussed at Length
	1985 OK CIV APP 1, 698 P.2d 947,	Arkansas Louisiana Gas Co. v. Bass	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1986 OK 59, 725 P.2d 861, 57 OBJ 2238,	Elliott v. City of Guthrie	Cited
	1987 OK 74, 742 P.2d 1117, 58 OBJ 2238,	Petuskey v. Cannon	Cited
	1989 OK 78, 773 P.2d 1265, 60 OBJ 1383,	Andress v. Bowlby	Discussed
	1990 OK 125, 808 P.2d 640, 61 OBJ 3191,	Estate of Pope, Matter of	Discussed
	1993 OK 134, 862 P.2d 77, 64 OBJ 3283,	Carter v. City of Oklahoma City	Discussed at Length
	1938 OK 88, 77 P.2d 748, 182 Okla. 371,	STATE ex rel. AG v. LeVAN	Discussed
	1994 OK 9, 870 P.2d 762, 65 OBJ 283,	Oklahoma Turnpike Authority v. New Life Pentecostal Church of Jenks	Discussed at Length
	1997 OK 78, 941 P.2d 995, 68 OBJ 2213,	PUBLIC SERVICE COMPANY OF OKLAHOMA v. B. WILLIS, C.P.A., INC.	Cited
	1953 OK 109, 256 P.2d 438, 208 Okla 396,	OKLAHOMA TURNPIKE AUTHORITY v. DYE	Cited
	1945 OK 66, 157 P.2d 174, 195 Okla. 305,	NICHOLS v. OKLAHOMA CITY	Cited
	1954 OK 93, 268 P.2d 281,	KLINE v. BOARD OF COUNTY COM'RS OF BLAINE COUNTY	Discussed
	1954 OK 112, 269 P.2d 359,	KELLY v. OKLAHOMA TURNPIKE AUTHORITY	Discussed
	2001 OK 72, 41 P.3d 960, 72 OBJ 2708,	STATE ex rel. DEPT. OF TRANSPORTATION v. NORMAN INDUSTRIAL DEVELOPMENT CORP.	Discussed
	1971 OK 108, 488 P.2d 1256, 42 OBJ 2387,	TRANSOK PIPE LINE COMPANY v. ADAMS	Discussed
	1972 OK 128, 502 P.2d 1265,	CHRISTIE-STEWART, INC. v. PASCHALL	Cited
	1974 OK 31, 522 P.2d 608,	BOARD OF COUNTY COM'RS OF CREEK COUNTY v. CASTEEL	Discussed at Length
	2005 OK 7, 107 P.3d 593,	STATE ex rel. DEPT. OF TRANSPORTATION v. CARTER	Discussed at Length
	2006 OK 31, 136 P.3d 639,	BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY v. LOWERY	Discussed at Length
	2008 OK 103, 204 P.3d 1279,	STATE ex rel. DEPT. OF TRANSPORTATION v. PERDUE	Discussed at Length
	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 58, 534 P.2d 682,	OKLAHOMA CITY URBAN RENEWAL AUTH. v. LINDAUER	Cited
	2013 OK 99, 320 P.3d 23,	STATE ex rel. OKLA. DEPT. OF TRANSPORTATION v. CEDARS GROUP, LLC	Cited
	1978 OK 86, 580 P.2d 155,	CITY OF ARDMORE v. JACKSON	Cited
	2017 OK 12, 393 P.3d 1095,	STATE ex rel. DEPT. OF TRANSPORTATION v. CEDARS GROUP, L.L.C.	Discussed at Length
	1979 OK 137, 602 P.2d 638,	STATE EX REL. DEPT. OF TRANSP. v. MOSS	Discussed at Length
	2020 OK 84, 474 P.3d 869,	STATE OF OKLA. ex rel. COMMISSIONERS OF LAND OFFICE v. STEPHENS AND JOHNSON OPERATING CO., INC.	Discussed at Length
	1985 OK 8, 699 P.2d 1083,	Root v. Kamo Elec. Co-op., Inc.	Discussed at Length

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 25. Definitions and General Provisions
	Cite	Name	Level
	25 O.S. 106,	Legal Notice Publication By Newspaper - Periodical/Nonperiodical Requirements	Cited
Title 66. Railroads
	Cite	Name	Level
	66 O.S. 55,	Review of Commissioner's Report - Jury Trial - Notice - Costs	Cited