Hello, fellow City Attorney friends.
Have any of you done an Eminent Domain/Condemnation action where at the
hearing on an Exception that was filed against the Commissioners report,
the Condemnees counsel raises for the first time that pursuant to Art. II,
Sec. 24 of the OK Constitution it is required that the Commissioners be
selected from the Jury Panel, whereas the Statutes dealing specifically with
Eminent Domain/Condemnation Title 69 O.S. §53(A) state, that the Sheriff of
the County is to summon three disinterested freeholders to be selected by
the Court.
In my case, the Condemnee is trying to have the Commissioners Report set
aside and require that the three commissioners be selected from the jury
panel.
Any ideas?
Thanks
W. Lee Stout
W.L. Stout, P.C.
P.O. Box 262
Newkirk, OK 74647
(580)-362-2032
(580)-362-2035 Fax
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