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.

Historical Data

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R.L. 1910, § 1404; Amended by Laws 1929, HB 285, c. 24, p. 20, § 1, emerg. eff. March 19, 1929.

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
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
	2007 OK CIV APP 18, 155 P.3d 845,	PUBLIC SERVICE COMPANY OF OKLAHOMA v. WILLIS	Discussed
	2015 OK CIV APP 99, 368 P.3d 436,	TAYLOR v. OKLAHOMA WATER RESOURCES BOARD	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
	1989 OK 70, 775 P.2d 1347, 60 OBJ 1133,	April v. City of Broken Arrow	Cited
	1993 OK 134, 862 P.2d 77, 64 OBJ 3283,	Carter v. City of Oklahoma City	Cited
	1994 OK 9, 870 P.2d 762, 65 OBJ 283,	Oklahoma Turnpike Authority v. New Life Pentecostal Church of Jenks	Cited
	1952 OK 173, 244 P.2d 817, 206 Okla 466,	CITY OF BLACKWELL v. MURDUCK	Cited
	1952 OK 314, 248 P.2d 1028, 207 Okla 201,	MORTON v. OKMULGEE PRODUCERS & MANUFACTURERS GAS CO.	Discussed
	1952 OK 315, 248 P.2d 1030, 207 Okla 203,	RUTLEDGE v. OKMULGEE PRODUCERS & MANUFACTURERS GAS CO.	Cited
	1954 OK 154, 271 P.2d 374,	CHANDLER v. OKLAHOMA TURNPIKE AUTHORITY	Cited
	1954 OK 349, 277 P.2d 990,	CUNNINGHAM v. STATE	Discussed
	1963 OK 94, 381 P.2d 148,	GARVIN SOIL CONSERVATION DISTRICT v. DAVIS	Cited
	1996 OK 126, 946 P.2d 658, 67 OBJ 3630,	Drabek v. City of Norman	Discussed at Length
	2009 OK 90, 227 P.3d 133,	STATE ex rel. BOARD OF REGENTS v. McCLOSKEY BROTHERS, INC.	Discussed at Length
	1975 OK 68, 535 P.2d 295,	SWATEK v. BOARD OF REGENTS OF OKLAHOMA COLLEGES	Cited
	1976 OK 75, 550 P.2d 1324,	COX ENTERPRISES, LTD. v. PHILLIPS PETRO. CO.	Cited
	1976 OK 53, 552 P.2d 375,	ALLEN v. TRANSOK PIPE LINE COMPANY	Discussed at Length

Citationizer: Table of Authority

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Cite	Name	Level
None Found.