Date: 12-14-2015

Case Style: State of Oklahoma ex rel, Department of Transportation v. Independent School District #1 of Rogers County Oklahoma

Case Number: CS-2014-337

Judge: Sheila A. Condren

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Becky McDown, Hugh Robert and Ted Sherwood

Defendant's Attorney: John Howland

Description: Claremore, OK - State of Oklahoma ex rel, Department of Transportation v. Independent School District #1 of Rogers County Oklahoma on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in land owned by the Defendant.

PETITION
COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation (the “Plaintiff), and for its cause of action against the defendants alleges and states as follows:
1. This action is instituted in the name of the State of Oklahoma, ex rel. Department of Transportation, as authorized by and in accordance with 69 OkIa. Stat.
2001 ‘1203.
2. For the purpose of establishing, constructing and maintaining the State Transportation System in Rogers County, Oklahoma, it is necessary for the Plaintiff to acquire an interest in the property hereinafter described on Exhibit “A”, attached hereto and made a part hereof, excluding mineral interests and including the right to use and remove any and all roadbuilding materials. The acquisition shall be in fee simple, unless specified otherwise in Exhibit “A” in which case the quality of title or interest to be acquired shall be as stated therein. The property is to be acquired for the construction and/or maintenance of said State Transportation System or facilities necessary and incidental thereto.
3. Said property is situated in Rogers County, Oklahoma. The above named defendants own or claim some interest in said property.
4. Plaintiff further states and represents that it has made reasonable effort to secure by purchase, from the said defendants, the property hereinafter described in Exhibit “A”, except in instances where there are nonresident owners, unknown heirs, imperfect titles and owners whose whereabouts cannot be ascertained with reasonable diligence. Plaintiff further asserts that the parties herein have failed to reach an agreement regarding Plaintiffs acquisition of said property.
5. An affidavit of need and necessity to acquire said property is attached, marked Exhibit “B’, and made a part of this Petition.
WHEREFORE, premises considered, Plaintiff prays that the Court appoint three disinterested freeholders of said County as Commissioners. They should be selected by the Judge of the District Court, as prescribed by law, and should not be interested in any like question. The Commissioners should be instructed to inspect said property described in Exhibit “A” and to consider and determine the just compensation to which the said defendants as owners thereof, or those who profess an interest therein, are entitled by reason of the taking of said property. The Report of Commissioners should be filed with the Court Clerk. Notice as prescribed by statute should be served by the Court Clerk upon all parties. Upon deposit with the Court Clerk of the amount stated in the Report of Commissioners, Plaintiff is authorized to enter upon and take said property for its use as described. The final determination of all rights and issues of the parties should be made in the manner as prescribed by law.

ORDER APPOINTING COMMISSIONERS
NOW ON THIS 6th day of August, 2014, the Petition of the Plaintiff requesting the appointment of Commissioners comes before the Court. Plaintiff appears through its counsel. The Court finds that the Plaintiff has complied with the statutory requirements of notice to all interested parties. No one appeared on behalf of either defendant.
The Court hereby appoints Tommy Dyer, Rick Thomas and Kathy Geyer, three (3) disinterested freeholders of Rogers County, Oklahoma, as Commissioners. They are to inspect said property described in Exhibit “A” and to consider and determine the just compensation to which the Defendant(s) are entitled by appropriation of their property, according to the Petition filed herein. Said Commissioners are hereby authorized, empowered and directed to: 1) take the oath prescribed by law; 2) forthwith inspect and appraise said property to determine just compensation pursuant to written instructions by the Court; 3) make their Report, as provided by law; 4) file said Report with the Court Clerk within 30 days of the date of this Order; and 5) file with the Court Clerk their Bill of Commissioners for fees, which fees will be determined by the Court and approved by subsequent Order.

Outcome: Settled for $64,500.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: