After receiving a mix of federal and state funds, the Oklahoma Department of Transportation (“ODOT”) has announced plans for nearly $8 billion worth of upgrades to the Oklahoma highway system. These upgrades include more than 1,600 highway construction projects to be completed over the next eight years. The plan will repair or replace 685 bridges and improve or widen almost 2,296 miles of roadway, including the construction of new highways in some places. In addition to the ODOT plans, the Oklahoma Turnpike Authority has announced its nearly $5 billion plan which will upgrade existing turnpikes and add new routes throughout the state over the next 15 years.
Although these projects are planned to increase safety, spur economic development, and improve access to communities throughout the state, some people may feel left in the lurch by the announcements: the landowners who will be forced to give up some or all of their property where the new roadways will be built. And though the state has the power to take the amount of land necessary for the projects, it must give the landowner just compensation in exchange. This is required by the Oklahoma Constitution and follows a statutory procedure.
If, as in most cases, the government body is clearly proposing to use the land for a public purpose, then the only issue the landowner should focus on is their compensation. The amount of just compensation to be paid consists of the fair market value for the land taken and compensation for damages to the land not taken.
In Oklahoma, the landowner must first receive a good faith offer for the land. During this negotiation phase, the landowner may retain an appraiser to help support the landowner’s value position. If negotiations break down, the government body will petition the county court to appoint three commissioners who will determine the amount owed. The commissioners will inspect the property, and then issue an award for the amount they believe is just.
At this point, the landowner has a decision to make. They can accept the amount from the commissioner’s report or demand a jury trial to determine just compensation. At trial, the landowner will present favorable property attributes through visuals and other evidence including comparable sales, appraisals, and expert testimony which supports the landowner’s valuation. If the jury award exceeds the commissioner’s award by at least ten percent, then the court may award reasonable attorney and expert witness fees incurred by the landowner. Although the eminent domain process may seem painstaking for those subjected to it, the goal is aspirational for the good of the state, by seeking to meet the need for improved public infrastructure while respecting each citizen’s private property rights.
BY: Keith Barrett, Attorney
