Date: 01-31-2006

Case Style: State of Oklahoma Department of Transportation v. David A. Taylor

Case Number: CJ-2004-2178

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

John Folks

Defendant's Attorney:

Joe Adams, Catoosa, Oklahoma

Description: The Oklahoma Department of Transportation sought to acquire through its exercise of the power of eminent domain certain rights, title and interests owned by David and Patsy Taylor on 71st Street South and Highway 75 in Tulsa, Oklahoma. The commissioners appointed by the Court awarded Mr. and Mrs. Taylor $11,000. The Taylor made demand for a jury trial.

Outcome: Defendants' verdict for $41,000.00.

Plaintiff's Experts:

Terry Vantuyl and Lynn Smoak, real estate appraisers

Defendant's Experts:

Don Wilson, real estate appraiser

Comments: Editor's Comment: Under Oklahoma law, a property owner who asked for a jury trial in a condemnation case and receives a verdict more than 10% greater than the commissioners' award is entitled to recover attorney's fees, expert witness fee and other costs and fees incurred in obtaining just compensation for the property taken and any damage sustained by any remaining property not taken. The fees and costs in a case like this one can easily exceed the awards.