Date: 12-04-1998

Case Style: City of Tulsa v. James Stricklen, et ux.

Case Number: CJ-96-38

Judge: Terry McBride

Court: District Court, Mayes County, Oklahoma

Plaintiff's Attorney: Mark Sweeney, Assistant City Attorney, Tulsa, Oklahoma

Defendant's Attorney: Leonard Logan of Logan & Lowry, Tulsa, Oklahoma

Description: Condemnation (eminent domain) - Condemnation of a 6.81 acre waterline easement parallel to a GRDA powerline easement across a 44 acre rural home site. Commissioners' award of $15,000 on an offer to purchase by the City of $15,000. The City ultimately offered the property owner $35,000 for the easement which was countered at $140,000.

Outcome: Defendant's verdict for $35,596.00.

Plaintiff's Experts: Max Tankersley, Tulsa, Oklahoma, real estate appraiser and David Livingston, Tulsa, Oklahoma, real estate appraiser.

Defendant's Experts: Mike Sisemore, Locust Grove, Oklahoma, real estate appraiser; Don Wilson, Claremore, Oklahoma, real estate appraiser; and Steve Lett, Joplin, Missouri, civil engineer.

Comments: It is anticipated that the property owner will file a cost bill for attorney, expert witness fees and costs for more than the value of the property taken. Defendant made application for $32,000 in attorneys fees, $9,000 in expert witness fees for Mike Sisemore, $8,000 for Don Wilson, and $5,000 for Steve Lett.