With the ever-present oil industry in Oklahoma, you may find yourself facing condemnation or eminent domain proceeding. Opposing a large company or government entity can be intimidating, and it may feel like you have no options. It is important to have an experienced attorney review your case to help identify your best courses of action.

Condemnation, or eminent domain, is process of an agency or private company taking ownership over private property for a public purpose. The condemning agency or business must either be an entity of the state or a business specifically permitted by statute to condemn the property at issue. Non-state condemning entities include railroad companies, utility companies, oil and gas companies, and pipeline companies. There are specific constitutional and statutory requirements that must be met before a condemnation suit may be filed. The State entity or company must make a good faith offer to the landowner and demonstrate necessity for public use.

Once a condemnation petition has been filed with the District Court, a hearing is set for the appointment of three commissioners, who will be three real property professionals who are residents of the county in which the condemnation case is filed. The commissioners are given instructions, ideally approved by both the plaintiff and defendant, as well as the judge. The commissioners will review the instructions, proposed taking, and visit the property. The landowners are given the opportunity to express their concerns and make their case to the commissioners as to the value of the property being taken and related damages.

After the visit, commissioners will make their recommendation of the value of the taking. Often, the taker will deposit the commissioners’ valuation with the Court Clerk, which can be withdrawn by the defendants, even if they still intend to fight the condemnation or the award amount.

Upon filing of the commissioners’ award, the condemning entity can start construction immediately. The defendant landowners have 30 days to file an “exception” to the taking, which is their first legitimate opportunity to challenge the amount awarded or the condemner’s right to take the property. The defendant landowners also have 60 days to file a demand for jury trial.

Often, condemnation cases settle at this point. However, sometimes the fight goes on to a jury trial or hearing on the merits in front of the judge. The defendant landowners may fight the condemnor’s actual right to take in front of the judge of the District Court. If the defendant landowners believe the commissioners’ award to be insufficient, they may take this issue to be heard in front of a jury. Both paths carry unique risks that should be considered only under the advice of experienced counsel.

Condemnation is difficult to navigate alone. The systems for condemnation are built to favor state entities and private businesses. If you find yourself facing condemnation proceedings and need assistance from an experienced team, please contact our office @ 405.310.0183 for your free consultation!