Date: 02-27-2002

Case Style: CITY OF BROKEN ARROW, OKLAHOMA V. JOE H AND REBECCA J. WILSON

Case Number: CJ-1999-3193

Judge: Gregory K. Frizzell

Court: District Court, Tulsa, Oklahoma, Tulsa County

Plaintiff's Attorney: Beth Anne Wilkening, Tulsa, Oklahoma

Defendant's Attorney: Warren Morris and Bill Castor, Tulsa, Oklahoma

Description: 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 City of Broken Arrow is authorized by law to take a permanent easement on a strip of property consisting of .122 acres for expanding the right-of-way for 91st Street in Broken Arrow, Oklahoma. In your deliberations, you should not consider whether or not the taking was necessary, wise or proper. That has alreadly been decided, and is not an issue in this case. As jurors, it will be your duty to determine the amount of just compensation to be paid by the City of Broken Arrow to Mr. and Mrs. Wilson

Outcome: Defendant's Verdict - $26,000.00.

Plaintiff's Experts: Burl Ford, Tulsa, Oklahom and Don Wilson, Claremore, Oklahoma

Defendant's Experts: David Wooten

Kenneth Preaus

Comments: Reported by Sheri Clay