| Oklahoma Condemnation Law |
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State of Oklahoma ex rel. Department of Transportation v. Gary Minor
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¶1 In this condemnation action, the State of Oklahoma ex rel. Department of Transportation (ODOT) appeals the trial court's May 29, 2008, Journal Entry of Judgment, granting attorney fees, appraisal fees, engineering fees, and costs to the appellee landowner, Gary Minor (Minor).1 Minor requests attorney fees for this appeal. After reviewing the facts and applicable law, we affirm and remand for f... More... $0 (10-16-2009 - OK)
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City of Midwest City v. House Realty, Inc.
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¶1 The central issue in this controversy is whether a municipality's authority to condemn property for economic redevelopment and blight removal is limited to special statutes expressly giving such authority, or in the alternative whether a municipality may condemn property for blight removal and economic development pursuant to a general power of eminent domain. In this controversy a municipalit... More... $0 (06-29-2004 - OK)
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Board of County Commissioners of Muskogee County v. Edward L. Lowery
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¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to suppor... More... $0 (05-09-2009 - OK)
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Vertex Holdings, LLC v. James Cranke II, et al.
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¶1 Defendants/Appellants James Cranke, II, Hope Cranke, and Steve A. Rush (collectively, Appellants) appeal the trial court's judgment granting Plaintiff/Appellee Vertex Holdings, LLC a perpetual easement of necessity over certain real property, awarding damages to Appellants, and awarding attorney fees to Vertex. The trial court erred in awarding a perpetual easement of necessity where the essen... More... $0 (02-05-2009 - OK)
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City of Tulsa v. Raintree Estates I, Inc.
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¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or... More... $0 (05-25-2009 - OK)
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State of Oklahoma, ex rel. Department of Transporation v. Al "Yogi" Kelly Cole; Bank of America; et al.
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¶1 The first-impression issue presented to this Court on certiorari from the three interlocutory orders entered in condemnation proceedings is whether an application to withdraw funds which contains the phrase "pending trial on the issues by jury" constitutes a demand for a jury trial as required by title 69, section 1203 when the condemnor waits almost two years before filing a motion to strike ... More... $0 (06-16-2009 - OK)
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The State of Oklahoma, ex rel. Department of Transportation v. Siegrist Farms, LLC
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The State of Oklahoma, ex rel. Department of Transportation sued Siegrist Farms, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests owned by Defendant in Canadian county real property for a public use.
The commissioners appointed by the court returned an award of $24,500.00 which was deposited with the clerk of the court.
Both... More... $17628 (06-12-2009 - OK)
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State of Oklahoma, ex rel Department of Transportation v. Deril J. Lees Revocable Living Trust, et al.
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The Oklahoma Department of Transportation sued Deril J. Lees Revocable Living Trust, and others on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in property owned by Defendants for the construction of a public highway. Commissioners appointed by the Court awarded Defendants $925,000.00.... More... $1030000 (05-07-2009 - OK)
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Donald Sable II v. Stewart E. Myers, Jr., et al.
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Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defend... More... $0 (04-24-2009 - OK)
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State of Oklahoma, ex rel. Department of Transporation v. Charles G. Perdue, et al.
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¶1 The issue presented is whether the trial court erred by confirming the amended report of the commissioners, despite the fact that ODOT filed an exception requesting the amended report nearly two years after the statutory filing period had expired. We hold that it did.
FACTS
¶2 On July 2, 2004, the Oklahoma Department of Transportation (ODOT) filed a petition to condemn two parce... More... $0 (12-09-2008 - OK)
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B. Willis, C.P.A., Inc. v. BNSF Railway Corp., Union Pacific Railroad Company, Public Service Company of Oklahoma
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In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO”) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis”). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this ... More... $0 (08-08-2008 - OK)
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B. Willis, C.P.A., Inc. v. BNSF Railway Corporation, Union Pacific Railroad Company, Public Service Company of Oklahoma
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In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO”) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis”). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this ... More... $0 (07-20-2008 - OK)
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Greenhill Properties, LLC v. Mapco, Inc. and Williams Ammonia Pipeline, LP
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Greenhill Properties, LLC sued Mapco, Inc. and Williams Ammonia Pipeline on an inverse condemnation theory. The claims made and defenses asserted are not available.... More... $445600 (06-16-2008 - OK)
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State of Oklahoma v. Kishor Mehta
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1 The State of Oklahoma, ex rel. Department of Transportation (ODOT or Department) appeals the trial court's August 25, 2004, order denying its exceptions to the Commissioners' Second & Corrected Report. Based on our review of the record on appeal and applicable law, we reverse in part and remand for further proceedings consistent with this opinion.
FACTS
2 On September 28, 2001, ODOT ... More... $0 (02-11-2008 - OK)
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DCR Fund I, LLC.v. TS Family Limited Partnership, et al.
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In 2001 appellant Tal Technologies Inc. ("TTI") defaulted under the terms
of a November 8, 1996, promissory note ("Note") in favor of appellee Bank One,
N.A. ("Bank One"). Bank One subsequently sold the Note to appellee DCR Fund
I, LLC ("DCR"). When TTI failed to comply with DCR's demands for payment,
DCR filed this action seeking foreclosure of an associated mortgage and the
enforcement... More... $0 (01-24-2008 - OK)
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City of Owasso v. Strawdey Clinton McCarty
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Condemnation Case - The City of Owasso, Oklahoma sought to condemn right, title and interest in property owned by defendant for a public use. Commissioners appointed by the Court awarded Defendant $15,945.00. Both parties asked for a jury trial to determine the damages sustained by defendant as a result of the taking.... More... $27000 (02-23-2007 - OK)
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Guymon City of v. Cal Farley's Boys Ranch et al
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Condemnation Case - Defendant claimed that the City of Guymon failed to follow the procedural requirements of the exercise of eminent domain in Oklahoma.... More... $0 (11-06-2006 - OK)
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Joyce A. Gilchrist v. Bill Citty, et al.
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Former Oklahoma City Police Department forensic chemist Joyce A. Gilchrist sued the City of Oklahoma City and certain of its employees(1) under 42 U.S.C. § 1983. She alleged Defendants terminated her employment in retaliation for engaging in speech protected by the First Amendment, conspired to deprive her of constitutionally protected rights, defamed her, denied her procedural and substantive... More... $0 (04-06-2006 - OK)
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Oklahoma Department of Transportation v. Eighty First & Elwood, LLC
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The Oklahoma Department of Transportation brought this condemnation action against Eighty First & Elwood, LLC to acquire the title to
right-of-way needed for a highway improvement in South Tulsa. The Commissioners
appointed by the court awarded the property owner $25,000 for the
right, title and interest needed by the State for the
highway improvement. ... More... $27000 (03-31-2006 - OK)
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State of Oklahoma, et al. v. One Thousand Two Hundred Sixty-Seven Dollars
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1 The dispositive issues on certiorari are: (1) Did the trial court err in refusing to consolidate two discrete claims to money seized in separate arrests? (2) Is summary process appropriate in statutory civil in rem forfeiture cases? (3) Is the trial court's judgment of forfeiture supported by a preponderance of the evidence? We answer the first question in the negative and the second and thir... More... $0 (03-17-2006 - OK)
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State of Oklahoma, ex rel. Department of Transportation v. W.H. Carter, et al.
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1 Appellees, W.H., Nannie and Loretta Carter, (collectively the Carters), seek certiorari from the Court of Civil Appeals' order denying their application for appeal-related attorney fees. The Carters prevailed in this appeal brought by the Oklahoma Department of Transportation from the trial court's award in favor of the Carters for post-judgment interest on costs associated with their jury ve... More... $0 (02-08-2005 - OK)
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House of Realty, Inc. v. City of Midwest City
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1 The City of Midwest City has an economic development project and it wants to include the Landowners' property as part of the project. The City brought eminent domain proceedings in the District Court resulting in two appeals that were decided by our recent opinion in City of Midwest City v. House of Realty, Inc., 2004 OK 56, 100 P.3d 678.1 The eminent domain proceedings are not part of the ap... More... $0 (01-03-2005 - OK)
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PITTSBURG COUNTY RURAL WATER DISTRICT NO. 7, an agency and legally constituted authority of the State of Oklahoma v. CITY OF McALESTER, a municipality, and THE McALESTER PUBLIC WORKS AUTHORITY, a public trust
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The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants vio... More... $0 (02-15-2004 - OK)
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Pittsburg County Rural Water District No. 7 v. City of McAlester, et al.
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The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants vio... More... $0 (10-20-2003 - OK)
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Elliott D. Bruner v. Elliott Bim Bruner and Leda V. Bruner
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Plaintiff Diana Bruner, as personal representative of the estate of her deceased husband E. Daniel Bruner (the Estate), brought this suit against Daniel's parents, Leda V. Bruner and E. Bim Bruner, seeking a declaration that the Estate is the equitable owner of certain tracts of land to which Leda and Bim hold legal title. Plaintiff claims that Leda and Bim used Daniel's assets to purchase the ... More... $0 (08-11-2003 - OK)
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James A. Bogart, et al. v. Caprock Communciations Corporation
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1 The only issue presented1 is whether a landowner is entitled to additional compensation when fiber optic cables are installed within the confines of a public right of way or easement on which public highways or roads are established. We hold that under the facts presented, no additional compensation is warranted.
FACTS
2 This cause concerns a class action lawsuit2 brought by the a... More... $0 (04-08-2003 - OK)
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State Ex Rel. Dept. of Transportation v. OPUBCO, Inc. and Patricia Presley, Oklahoma County District Court Clerk
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The Court Clerk of Oklahoma County (Court Clerk) seeks review of the trial court's denial of its motion seeking court costs from the State of Oklahoma ex rel. Department of Transportation (ODOT). Based on our review of the record, the parties' briefs, and the applicable law, we affirm.
This matter originated as a condemnation proceeding filed by ODOT against OPUBCO, Inc., in January 19... More... $0 (04-23-2002 - OK)
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Ward Petroleum Corp. v. Stewart
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Petitioner, Ward Petroleum Corporation ("Ward"), the holder of leasehold interests on property owned by Ed and Vicki Stewart ("Stewarts"), proposed to drill and complete an oil and gas well on a section of the Stewarts' property. Ward served the Stewarts with notice of its intent to commence drilling operations on the land and attempted to negotiate a surface damages agreement for any damage th... More... $0 (02-11-2003 - OK)
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Ward Petroleum Corporation v. Ed and Vicki Stewart
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This case is before us on a certified interlocutory order entered in case No. CJ-2001-87 pending in the district court of Grady County, State of Oklahoma, the Honorable Judge Richard G. Van Dyck, presiding. The certified order granted respondent's motion to amend an answer to include a related tort claim1 in a proceeding originating under the Surface Damages Act. Our power to review certified orde... More... $0 (02-13-2003 - OK)
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CITY OF BROKEN ARROW, OKLAHOMA V. JOE H AND REBECCA J. WILSON
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The term "eminent domain" describes a special legal proceeding in which a government agency require private property for a public property for a public reason. It is also called a condemnation proceeding.
The Oklahoma Constitution allows private property to be taken for a public use if just compensation is paid to the owners of the property that is being condemned.
In this case, the C... More... $26000 (02-27-2002 - OK)
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City of Tahlequah v. Lake Regional Electric Cooperative
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Defendant-appellant Lake Region Electric Cooperative, Inc. (Lake Region), a rural electric power distribution cooperative in northeast Oklahoma, appeals the district court's denial of its motion to dismiss this eminent domain proceeding filed by plaintiff-appellee City of Tahlequah (the City) to acquire part of Lake Region's electric distribution facilities.(1) Lake Region's motion to dismiss was ... More... $0 (02-12-2002 - OK)
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Vastar Resources, Inc. v. Betty J. Howard, et al.
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1 This is an appeal by Plaintiff, Vastar Resources, Inc., from the trial court's entry of judgment on a jury verdict in favor of Defendants (Landowners) for damages under the Surface Damages Act (Act), 52 O.S.1991 §§ 318.2--318.9. By order of the Oklahoma Supreme Court, the appeal has been consolidated with Landowners' appeal of the trial court's denial of an attorney's fee and costs. Based upon o... More... $0 (01-18-2002 - OK)
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City of Tahlequah, Oklahoma v. Lake Region Electric Cooperative, Inc., et al.
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Defendant, Lake Region Electric Cooperative, Inc. [Lake Region] had part of its electric facilities condemned on February 29, 2000 by the City of Tahlequah [City] pursuant to 18 O.S.1991 § 437.2's terms. City initiated condemnation proceedings in the Cherokee County District Court on May 18, 1998 against Lake Region and the United States of America, ex rel. Rural Electrification Administration [Un... More... $0 (01-15-2002 - OK)
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Oklahoma Department of Transportation v. Lambert Sales and Management Company
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Condemnation of private property for construction of state highway in Tulsa County, Oklahoma. The commissioners, Jan Gordon, Jim Clark and George O'Connor, awarded the property owner $375,000.00. Jury demands were filed by the parties. The property taken was located at 156th and Memorial in Bixby, Oklahoma. .89 acres were taken to widen Memorial. It was a total taking.
The owner sought $95... More... $425000 (01-11-2002 - OK)
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Oklahoma Turnpike Authority v. Diana J. Bruner, et al.
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Diana Bruner, the widow of Daniel Bruner, brought cross-claims against Daniel's parents in a condemnation action that had been instituted by the Oklahoma Turnpike Authority.(1) Diana's cross-claims sought to establish her interest in four tracts of land (two of which were subject to the condemnation proceeding, and two of which were not) to which Daniel's parents held title. The district court ent... More... $0 (08-08-2001 - OK)
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State Department of Transportation v. Norman Industrial Development Corporation, et al.
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Following the recommendation of a panel of court-appointed commissioners, the appellant, Department of Transportation (DOT), offered $77,550 to the appellees, Norman Industrial Development Corporation, John R. Law, Jr. and Mildred D. Law (collectively, owners), in condemnation damages. The owners refused the tender and sought a jury trial resulting in an award of $353,435.17. Having prevailed, the... More... $0 (09-18-2001 - OK)
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State Department of Transportation v. Norman Industrial Development Corporation, et al.
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Following the recommendation of a panel of court-appointed commissioners, the appellant, Department of Transportation (DOT), offered $77,550 to the appellees, Norman Industrial Development Corporation, John R. Law, Jr. and Mildred D. Law (collectively, owners), in condemnation damages. The owners refused the tender and sought a jury trial resulting in an award of $353,435.17. Having prevailed, the... More... $0 (09-18-2001 - OK)
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State of Oklahoma ex rel Department of Transportation v. Swinson Investments, Inc., et al.
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Condemnation Case for right-of-way for Interstate Highway I-44. Commissioners' award was $158,000.00.... More... $210000 (05-10-2001 - OK)
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State of Oklahoma, ex rel. Department of Transportation v. S&S Properties, et al.
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Condemnation - In December 1977, defendant Steve Hassinger started a
business in Pryor, Oklahoma. In 1979, the business was
incorporated as Pryor Truss Company, an Oklahoma corporation,
wholly owed by the defendant and his wife, defendant Susan
Hassinger. Approximately one year later, the defendants purchased
a parcel of land north of Highway 20 to locate the business, which
leased the prope... More... $100000 (08-15-1997 - OK)
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United States of America v. 80 Acres of Land Situated in Cotton County, State of Oklahoma, et al.
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Condemnation - Eminent Domain - The nature of the land taken, its highest and best use, etc. is unknown at this time.... More... $0 (01-17-2001 - OK)
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