The Oklahoma Bar Journal November 2022

statutes require the condemning authority shall make every reason able effort to acquire real property by negotiations. 15 Furthermore, the Oklahoma Statutes require an appraisal of the real property be developed prior to negotiations with the landowner. 16 The initial offer must be reasonable and based on an appraisal of the sub ject property. 17 However, the policy set forth in Okla. Stat. Tit. 27 §13 is not fatal if the condemning entity does not explicitly follow it. In State ex rel. Depart. Of Transp. v. Metcalf , 18 the Oklahoma Supreme Court held that so long as the condemning entity makes a bona fide offer, it has satisfied the only jurisdictional prerequisite to a con demnation action. 19 Okla. Stat. Tit. §53 sets forth the general procedure for a condemn ing entity to take private property for public use. The general emi nent domain procedure outlined in Section 53 is used by counties, municipalities, school districts, boards of education or any other board or official in charge of a cem etery created under Oklahoma law. The specific eminent domain proce dure for the Oklahoma Department of Transportation and Oklahoma Turnpike Authority are found at Okla. Stat. Tit. 69 §1203 and Okla. Stat. Tit. 69 §1708, respectively. In

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THE OKLAHOMA BAR JOURNAL