Date: 09-04-2013

Case Style: City of Sand Springs v. Blossom Day Care Centers

Case Number: CJ-2008-6670

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: David L. Weatherford

Defendant's Attorney: Bryan M. Harrington for Blossom Care Centers

David Thomas Iski for Tulsa County Board of Commissioners and Tulsa County Treasurer

Barry G. Reynolds for Security Bank

Description: City of Sand Springs sued Blossom Day Care Centers on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Blossom Day Care Centers for public use.

The pre-trial order provided, in part:


Plaintiff filed this eminent domain action to obtain title to property needed for a roadway expansion. The issue for trial is the amount of compensation that should be paid.

Defendant’s Contented:

A. Defendant is entitled to just compensation in accordance with
Okla. Const., Art II, § 24; 66 O.S. § 51, et seq. 27 O.S. § 5, 11; 11 O.S. § 36-401; 11 O.S. § 22-104.3; 11 O.S. § 22-105.

B. List Damages or Relief Sought: Fair market value of the part taken plus the damages to the part not taken.

Outcome: Whereas, this action was commenced by the filing of a Petition for Eminent Domain en September 22, 2008, concerning the following tract of property:

A tract of land located in Lot 14, Block 1, HaIls Garden Addition, an Addition to the City of Sand Springs, Tulsa County, State of Oklahoma according to the recorded Plat thereof more particularly described by metes and bounds as follows:
Commencing at the NW corner of Lot 14, Block 1, HaIls Garden
Addition; thence S-53°3434”-E along the Northerly line of Lot
14 a distance of 4959 feet to the Point of Beginning; thence 5-
53°34’34”-E along the Northerly line of lot 14 a distance of
111.50 feet; thence N63v24h10W a distance of 121.46 feet;•
thence N-57°58’33”-E a distance of 22.29 feet to the Point of
Beginning containing 0.027 acres more or less.

The Basis of Bearing is the Oklahoma State Plane Coordinate
System, North Zone.

an amount of just compensation to be paid to the landowner and on January 21, 2009, an order was entered disbursing the award to Blossom Day Care Centers, Inc.

Whereas, Defendant Blossom filed a demand for jury trial concerning the amount of the award on December 4, 2008.

Whereas, pursuant to findings of fact and conclusions of law filed by the Court on February 11, 2013, the Court determined the fair market value of the property taken, and the compensation to be paid to Blossom, to total $20,000.00.

NOW, THEREFORE, IT IS THE ORDER OF THE COURT that judgment should be entered as set forth in the findings of fact and conclusions of law filed herein, and that fee simple title to the real property described above is hereby vested in the Plaintiff City of

Whereas, a report of commissioners was filed on November 26, 2008, determining

Plaintiff's Experts: John Story, appraiser

Defendant's Experts: Barry Hacker, appraiser

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