Date: 09-17-2012

Case Style: The City of Oklahoma City v. Johnny Thompson

Case Number: CV-2012-1336

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoam

Plaintiff's Attorney: Jerry R. Fent

Defendant's Attorney: Ronald L. Wallace

Description: The City of Oklahoma City sued Johnny Thompson and Pam Thompson on a condemnation theory seeking to acquire by eminent domain certain rights, title and interests in real property owned by the Defendants.


ORTWR APPOTNT1NG COMMIS9TONERS

On this 3rd day of August, 2O12,this cause coining on to be heard upon the 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 d&main to acquire real property for the public purposes stated in the Petition filed herein and that the Plaintiff requires for said public purposes as stated in the Petition flied herein the following described real property located in Oklahoma County, State of Oklahoma, to wit:

(See ffH A attached)

Said property hereinafter referred to as “Subject Property;t’ phis, 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 easemeht, and that the Plaintiff has been miable to acquire said property by private purchase, upon good faith offer duly made; and that Commissioners should be appointed in accordance with Plaintiffs 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

JIM BOWERS, SR. RICHARD H. GODFREY, JR. JOHN BRETT, JR.

disinterested free holders in Oklahoma County, State of Oklahoma, be and they are hereby appointed Comrnssioners to inspect said Subject Property hereinbefore described and consider the injury which the Defendant, 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 Petition fled herein, and fix the award to the owners of the above dpscribed 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 properties of said Defendant. 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.

IT IS FURTNR ORDERED that the Sheriff of said county be and he is hereby directed forthwith to serve a copy of this order upon each of the said Commissioners as aforesaid.

Outcome: The Commissioners awarded the Defendants $10,300 to compensate them for the taking. Insufficient time has passed to determine whether or not either party will ask for a jury trial on the issue of damages.

Plaintiff's Experts:

Defendant's Experts:

Comments: