What if I Resist Eminent Domain?
Resistance
The Oklahoma Turnpike Authority has been hosting public meetings for residents worried about how their proposed turnpike expansion will affect their properties, and according to a Norman Transcript article, they’ve been facing quite a bit of resistance. The article explains that some residents are considering resisting OTA negotiation on the value of their properties, and defying eminent domain court proceedings by refusing to leave the property or even chaining themselves to trees or bulldozers if the OTA is awarded the land. Rarchar Tortorello, Norman Ward 5 City Councilor, mentions that some residents are willing “to use their Second Amendment rights to protect their homes”. There is also a pending lawsuit against the OTA, saying they’ve exceeded their legal authority by attempting to expand in Norman.
If you are considering resisting the OTA’s right to use eminent domain, you should contact a property attorney. Some of the current resisters have done so, and are part of the current pending lawsuit. However, if this lawsuit fails to stop the OTA, which is the most likely outcome, you will need an attorney to negotiate on your behalf in order to receive the maximum amount of just compensation.
Defining Eminent Domain
There can be dangerous consequences if you choose to resist without help from an attorney. Eminent domain is outlined in Oklahoma Statutes Title 27 Eminent Domain and Chapter 2 of Title 66 Railroads. Other Statutes regarding eminent domain can be found in Oklahoma Statutes Titles 11, 52, 60, 69, 70 and 74. Eminent domain is based on public use. “The lands set apart for the use and benefit of the State of Oklahoma for public schools, for public buildings and educational institutions, either by congressional enactment or executive reservation, are hereby declared to be subject to the right of eminent domain in behalf of any public enterprises now authorized by law to condemn private property for sewers, railroads, side tracks, station grounds and other municipal or corporate public uses, and all of the laws of this state with reference to the taking of private property for public use are hereby made applicable to the said lands.” 27 O.S. §1.
Consequences
The consequences of resisting vary based on the degree of resistance. If the property is awarded to the OTA after court proceedings, and the residents refuse to leave, it can be considered trespassing, as the OTA is now the title owner. If this does not remedy the issue, the OTA could file an injunction with the court. If the residents still do not leave, they can be found in contempt of court. In the article, it is noted that the OTA wouldn’t say if they would “seek a forcible eviction with arrest” if a former property owner refused to leave the land. Eviction is possible, though a spokesperson of the agency said they don’t see this being an issue.
However, the murkiness surrounding the OTA’s authority in this area of law should be enough to dissuade a person from navigating this on their own. If you wish to resist the OTA’s expansion plans, you need to contact a property attorney. At Plainview Legal Group, we can guide you through your rights and the legal limitations you face when dealing with a property that falls within the realm of eminent domain, and negotiate on your behalf for the maximum amount of just compensation, taking your case to court if needed. Whether you are worried about your property, your compensation, or your neighbor who is ready to tie himself to the tree in his front yard, book a consultation on our website or by calling us at (405) 310-0183.
