Date: 12-30-1213

Case Style: City of Oklahoma City v. J.R. Bowers, Jr. and Lisa Bowers

Case Number: CJ-2011-1421

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Susan D. Randall

Defendant's Attorney: William Earl Woodson

Description: The City of Oklahoma City sued J.R. Bowers, Jr. and Lisa Bowers on an eminent domain theory seeking obtain by condemnation certain rights, title and interests in real property owned by the Defendant claiming:

1. That the Plaintiff, The City of Okiahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its authorized Charter. 2. That the Plaintiff is authorized by the laws of the State of Oklahoma and its Charter to take, appropriate and condemn private property for public purposes whenever such action may become necessary for public convenience and use. 3. That on April 19, 2011, the City Council of The City of Oklahoma City, legally determined and declared that public necessity required the taking, appropriating, acquiring and condenming of certain permanent easements for sanitary sewer relief main purposes and uses incidental thereto, over, across, under and to certain real property located in Cleveland County, Oklahoma, to-wit:

(See Exhibit “A”)

Said property hereinafter referred to as “Subject Property;” plus, all right, title and interest in and to all land, fixtures and appurtenances within the boundaries of the Subject Property incidentally removed during the use of said easement.

4. That the City Council of The City of Oklahoma City approved and adopted a Resolution on said date declaring and determining the necessity of acquiring and condemning certain permanent easements for sanitary sewer relief main purposes and uses incidental thereto, over, across, under and to the Subject Property. A copy of said Resolution is attached hereto as Exhibit “B” and is incorporated herein by reference.

5. That the Defendants, J.R., Bowers, Jr., and Lisa Bowers, husband and wife, own or claim some right, title or interest in and to the Subject Property.

6. That prior to the commencement of this action to condemn the permanent easement over, across, under and to the Subject Property under the right of eminent domain, the Plaintiff has, in good faith, offered to purchase and acquire said property from the Defendants, J,R., Bowers, Jr., and Lisa Bowers, husband and wife, who are the record owners of the Subject Property or have some interest therein, for fair, reasonable and just compensation, but said Defendants have refused to accept the consideration offered and have refused to grant, sell or convey the temporary easement required by the Plaintiff.

7. That by reason of the foregoing, it has become necessary, in order to acquire the permanent easement over, across, under and to the Subject Property, and to justly compensate the Defendants therefore, to institute this proceeding in condemnation of said easement.

WHEREFORE, the Plaintiff, The City of Oklahoma City, herein prays for an Order of this Court, summoning and appointing thee disinterested freeholders of Cleveland County, Oklahoma, as Commissioners to inspect the Subject Property, and to consider the damage, if any, which the Defendants will sustain by reason of the taking, appropriating and acquiring the permanent easement for the purposes of sanitary sewer relief main purposes and uses incidental thereto over, across, under and to the Subject Property. That, upon payment of such damages as may be awarded herein, the permanent easement for public sanitary sewer relief main purposes and uses incidental thereto over, across, under and to the Subject Property, plus all right, title and interest in and to all land fixtures and appurtenances within the boundaries of the Subject Project incidentally removed during the use of said easement, be vested in the Plaintiff, and that the Plaintiff thereupon be authorized to enter into possession of the Subject Property for the public purposes set forth herein.

On this 24th day of October, 2011, this cause coming on to be heard upon the Amended Petition and Application of the Plaintiff for an Order Appointing Commissioners in said cause, and it appearing to the Court that the Plaintiff is a municipal corporation, organized and existing under the laws of the State of Oklahoma, has the power to exercise the right of eminent domain to acquire real property for the public purposes stated in the Amended Petition filed herein and that the Plaintiff requires for said public purposes as stated in the Amended Petition filed herein the following described real property located in Oklahoma County, State of Oklahoma, to wit: See attached Exhibit “A”

Said property hereinafter referred to as ‘Subject Property;” plus, all right, title and interest in and to all land, fixtures and appurtenances within the boundaries of the Subject Property incidentally removed during the use of said easement, and that the Plaintiff has been unable to acquire said property by private purchase, upon good faith offer duly made; and that Commissioners should be appointed in accordance with Plaintiffs Amended Petition and Application, as provided by the laws of the State of Oklahoma; and that due notice has been given.

It is therefore ordered, adjudged and decreed that: James W. Hoyt, Richard Riley and Richard Godfrey, Jr. disinterested free holders in Cleveland County, State of Oklahoma, be and they are hereby appointed Commissioners to inspect said Subject Property hereinbefore described and consider the injury which the Defendants, as the owners of said property, will sustain by reason of the appropriation of the above-described property for said public purposes as stated in the Amended Petition filed herein, and fix the award to the owner of the above-described property at the fair market value thereof, including all damages to said owners occasioned, or to be occasioned by said appropriation, including damages to the remaining property of said Defendants. Any special and direct benefits to the part of the property not taken may be offset against any injury to the property not taken. Said Commissioners are empowered, authorized and directed to forthwith take the oath prescribed by law and to forthwith inspect said property and make their report and award, as provided by law.

COMES NOW, the undersigned Commissioners heretofore appointed by the Court to inspect the real property hereinafter described and consider the injury which the Defendants, as the owners of said property, may sustain by reason of the appropriation of said property for the public purposes(s) stated in the Amended Petition filed herein, and respectfully submit the following report:

We, the undersigned Commissioners, are disinterested freeholders of Cleveland County, State of Oklahoma, not interested in this and any like question, and we, and each of us, appeared before the Court Clerk of Cleveland County and took the Oath as required by law in the above-styled and numbered cause, and thereupon proceeded to personally inspect the following-described real property, to-wit: (See Exhibit “A” attached)

Said property hereinafter referred to as “Subject Property;” plus, all right, title and interest in and to all land, fixtures and appurtenances within the boundaries of the Subject Property incidentally removed during the use of said easements.

We further report that giving consideration to the value of said property so taken, including,

if any, the value of any and all improvements thereon, together with the damage to that portion, if any, of the Defendants’ property not taken; and we hereby assess the damage to the owners, lessees or anyone claiming or having any right, title or interest in said property as follows:

Damages Assessed: $91,000.00.

Outcome: The Court, being fully advised of the premises, finds the following:

1. That all of the Defendants have been properly served with notice as required by law;

2. That the Commissioners have been duly appointed, have executed their Oath of Office, and have filed their Report;

3. That the Plaintiff has deposited the amount of the Commissioners’ Award with the Cleveland Court Clerk;

4. That the Defendants, J.R. Bowers, Jr. and Lisa Bowers, obtained an Order from the Court allowing withdrawal of funds and said funds have been withdrawn;

5. That no Exceptions or Demand for Jury Trial to the Commissioners’ Report have been filed; and

6. That no other pleadings are required or authorized by law.

IT IS THEREFORI ORDERED, ADJUDGED AND DECREED by the Court:

1. That the Report of Commissioners is hereby confirmed;

2. That the Plaintiff is granted legal possession of the property hereinafter described as of February 28, 2012;

3. That the Plaintiffs appropriating, acquiring and condemning of certain permanent easements for sanitary sewer relief main purposes and uses incidental thereto, over, across, under and to certain real property located in Cleveland County, Oklahoma, to-wit:

(See Exhibit “A”)

is hereby deemed complete and final and that the appropriation by the Plaintiff in this condemnation proceeding is approved and confirmed;

4. That this case is closed as no other proceedings are required by law; and

5. That the Plaintiff pay all court costs herein.

Plaintiff's Experts:

Defendant's Experts:

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