The City of Tulsa may push for changes to the state’s eminent domain laws.
When those cases go to court, three commissioners put a value on the land. If there’s a jury trial, then a 12-member jury decides what it’s worth.
"If the jury verdict is less than we paid under the report of the commissioners, obviously the landowner has to repay us some money," said Senior Assistant City Attorney Mark Swiney, who handles Tulsa’s eminent domain cases. "If the jury verdict is more than the report of commissioners, then, of course, we have to pay more."
One change is eliminating the so-called 10 percent rule. If the jury’s valuation of the land is 10 percent or more above the commissioners' report, then the city must pay all the landowner’s legal costs.
"That 10 percent rule is basically a pain in the neck," Swiney said. "I think it leads to abuse. It leads to bill padding. It discourages settlement and encourages litigation."
Another change the city may ask for is in how the statute says those commissioners are selected. The judge, the city and the landowner’s attorney usually pick one commissioner each to appraise the land.
The letter of the law is the county sheriff picks the commissioners.
"That's completely unnecessary," Swiney said. "We've never used it. I think it just adds another layer of bureaucracy to an already kind of scary process for the landowner. The sheriff has plenty to do; he doesn't need this extra task on his list."
City councilors may vote on a resolution this week asking a group representing municipal governments to the state legislature to push for the change.
