(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 him than the assessment of the commissioners, all costs in the district court may be taxed against him.
(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 paragraph (A) of this section. This notice shall be on a form prepared by the Court Administrator, which shall be approved by the Supreme Court, and shall be distributed to all clerks of the district court by said Court Administrator. 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 (1) issue of a newspaper qualified to publish legal notices, as defined in Section 106 of Title 25. 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 his 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 paragraph (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 paragraph (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) Where the party instituting a condemnation proceeding abandons such proceeding, or where the final judgment is that the real property cannot be acquired by condemnation or if the award of the jury exceeds the award of the court-appointed commissioners 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 reasonable attorney, appraisal, engineering, and expert witness fees actually incurred because of the condemnation proceeding. The sum awarded shall be paid by the party instituting the condemnation proceeding.
R.L. 1910, § 1402; Laws 1961, p. 497, § 1; Laws 1970, c. 322, § 1, eff. Jan. 1, 1971; Laws 1980, c. 195, § 1, emerg. eff. May 12, 1980.
Structure Oklahoma Statutes
§66-1. Articles and certificate.
§66-7. Powers of railroad corporations.
§66-7.1. Certain maps to be filed with Archives and Records Division of Department of Libraries.
§66-8. Public Service Corporations - Capital stock - Indebtedness.
§66-9. Extensions and branches may be built.
§66-12. To restore stream or highway.
§66-14. What property subject to mortgage.
§66-15. Execution of conveyance or lease.
§66-22. Reporting to Corporation Commission.
§66-51. Power to enter upon lands.
§66-52. May purchase or take realty.
§66-54. Taking by eminent domain - Owner entitled to compensation, when.
§66-55. Review of commissioner's report - Jury trial - Notice - Costs.
§66-56. Taking by eminent domain - Appeal to Supreme Court.
§66-57. Eminent domain and condemnation proceedings by railroads.
§66-58. Commissioners to act in all cases.
§66-59. Settlement with incompetents.
§66-61. Right-of-way on public lands - Damages to occupants.
§66-62. Changing line or grade.
§66-63. Municipal authorities may convey - Improvement districts - How highways occupied.
§66-64. Execution of conveyances by certain estates and guardianships.
§66-66. Railroad Division of Department of Transportation as trustee for purchaser.
§66-82. Liability for violation.
§66-85. Must receive and forward freight - Rate of speed - Penalty.
§66-86. Must give notice of arrival of freight.
§66-91. Action to enforce penalty - Attorney's fee.
§66-122. Changing highway - To provide temporary way.
§66-125. Signs at crossings - Neglect.
§66-125a. Railroads - Highway crossings - Safety devices.
§66-125c. Expenses of construction.
§66-125d. Cooperation with federal government.
§66-128. Railroads to construct crossings.
§66-129. Rules and regulations governing crossing sign specifications.
§66-130. Warning signal devices - Rules and regulations.
§66-141. Railroads to fence their roads.
§66-142. Lawful fence defined.
§66-143. Rights of adjacent land owners.
§66-144. Failure to fence - Penalty.
§66-145. Railroads must fence right-of-way with hog wire, when.
§66-147. Owner of abutting land may construct if railroad refuses - Penalty.
§66-161. Extension of road into state.
§66-164. Domestication of foreign corporations in the Territory.
§66-166. Domestication of foreign corporations filing resolutions.
§66-167. Foreign corporations - Increase of capital stock.
§66-168. Domestic corporations - Increase of capital stock.
§66-169. Must begin work in two years.
§66-170. Cancellation of charter rights.
§66-181. Right to deal in passage tickets.
§66-182. Purchasers may sell tickets.
§66-183. Railway law enforcement officers - Power and authority.
§66-184. Company may lease or sell.
§66-190. Blocking vehicular traffic at railroad intersections – Limits – Exceptions - Penalties.
§66-202. Light and power franchises in cities and towns.
§66-304.1. Action to determine constitutionality of Railroad Revitalization Act.
§66-306. Essential governmental functions.
§66-309.1. Railroad Rehabilitation Act - Short title.
§66-309.2. Railroad Rehabilitation Act - Definitions.
§66-309.3. Railroad Rehabilitation Act - Powers and duties of Department of Transportation.
§66-324. Powers and duties of Department - Conflict of interest - Public meetings and records.
§66-325. Oklahoma Tourism and Passenger Rail Revolving Fund.
§66-326. Short title and application.
§66-328. Powers and duties of Commission.
§66-329. Membership and compensation.
§66-330. Election of officers.
§66-331. Powers and duties of officers.
§66-332. Meetings and administration.