What is the Condemnation Procedure?

The Condemnation Procedure is the legal process used by the state of Oklahoma through its power of Eminent Domain to take property for public use. The first step in this process is filing a petition in the district court of the county in which the property is located. This petition must include a legal description of the property and the authority under which it is being taken. The court will then appoint three disinterested property owners to serve as commissioners, whose task is to determine the fair market value of the property. This is based on testimony from witnesses and evidence presented by the property owner and the state. Once the commissioners have determined the value of the property, the court will issue an Order of Condemnation. At this point the property owner may either accept the amount determined by the commissioners or appeal the decision, in which case a jury or judge will decide. After the court has issued the Order of Condemnation, the state may take possession of the property, but only after providing prompt payment to the property owner. In some cases, the courts may also approve a negotiated settlement between the property owner and the state before an Order of Condemnation is issued. This settlement will likely provide the property owner with more money than the commission determined the fair market value of the land to be.

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What is the Condemnation Procedure?

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