Date: 10-12-2011

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Garland Boyd

Case Number: CJ-2007-18

Judge: J. Dwayne Steidley

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Becky D. McDown and Danny Williams

Defendant's Attorney: Kim Ellis Ritchie

Description: The State of Oklahoma, ex rel. Department of Transportation sued Garland Boyd aka Garland Boyd, Jr. and Patricia L. Boyd, husband and wife, Trustees of the Garland Boyd and Patricial L. Boyd Revocable Trust dated April 23, 1993; Ralph V. Bell, III and Margie Bell, husband and wife and the Rogers County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property located in Rogers County, Oklahoma for public highway purposes.

The Court appointed Rick Thomas, Kathey Geyer and Darris Stimson to appraise the value of the property taken and assess the amount of damages to the part of the property not taken and report to the court their opinions. The entered their report in the amount of $55,500 which was paid to the Clerk of the Court by DOT on July 20, 2007.

The funds deposited with the Clerk were disbursed to the Defendants by the Court on August 27, 2007 and all parties demanded jury trial on the issue of damages.

Outcome: Defendants' verdict on the issue of damages in the amount of $94,000.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: Under Oklahoma law, property owners sued by the State to acquire ownership of property by condemnation are entitled to attorney fees and costs when the jury verdict is 10% greater than the commissioners' award. That was the case here. It is likely that Defendants will petition the court to award them attorney fees and costs against the state.