Oklahoma Supreme Court Approves ACCESS Oklahoma Turnpike Projects
In a recent ruling that has sparked much debate, the Oklahoma Supreme Court sided 6-3 with the Oklahoma Turnpike Authority (OTA) in a challenge to build two Norman-area turnpikes that are part of OTA’s proposed ACCESS Oklahoma turnpike project. This decision has drawn sharp disagreement on the bench and delivered a blow to the agency’s critics.
The Case at Hand
Dozens of property owners sued OTA in May 2022, alleging that OTA had no authorization to build the east Norman turnpike because its path was not approved by the legislature in state law which authorized turnpike projects. A second claim for civil relief alleged OTA did not follow proper bond procedure to build all proposed turnpikes in one bond issuance, instead of several bonds for projects built over the last three decades.
The Court's Decision
Justices Yvonne Kauger, James R. Winchester, James E. Edmondson, Noma Gurich, Richard Darby, and Special Justice John Reif sided with OTA. They wrote in an opinion that it was not the high court’s role to determine where routes should go and the agency had not violated bond procedure.
However, Justices Dustin P. Rowe, Dana Keuhn, and Special Justice Stacy Hixon disagreed in their opinion and warned the ruling “confers upon the OTA incredibly broad discretion without any cognizable limits.”
The Implications for Property Law and Eminent Domain in Oklahoma
This ruling has significant implications for property law and eminent domain in Oklahoma. The dissenting justices sided with plaintiffs that state law only authorized four turnpike projects, which were to be built under one issue. They warned that the ruling essentially allows the OTA to disregard the Legislature’s directives with respect to routes and funding.
However, the majority of justices argued that it is the Legislature that gave OTA that “broad authority to determine the route” for the east Norman turnpike, termed the South Extension. They added that the high court has broadly interpreted the details of those projects for the last 30 years.
Looking Ahead
This case underscores the complexities of property law and eminent domain in Oklahoma, particularly in the context of infrastructure projects. As the OTA moves forward with its plans, it will be crucial for property owners and stakeholders to understand their rights and the legal landscape. If your land is within the ACCESS Oklahoma turnpike project area and you receive an offer letter from the OTA, how would you respond? Would you consider OTA’s offer just compensation for taking your land?
At PLAINVIEW LEGAL GROUP PLLC, we specialize in property law, including eminent domain. We understand the intricacies of these legal issues and are committed to helping our clients navigate them and negotiating maximum just compensation on their behalf. If you have questions or concerns about how this ruling may impact you and your land, please don't hesitate to reach out to us.
Sources:
In The Matter Of The Application Of The Oklahoma Turnpike Authority, 2023 OK 84 (https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=494902).
OTA Wins Turnpike Challenge as Supreme Court approves ACCESS, 6-3 (https://www.normantranscript.com/news/breaking-ota-wins-turnpike-challenge-as-oklahoma-supreme-court-approves-access-6-3/article_c60285a8-3089-11ee-b930-87da0c7b4340.html?utm_source=normantranscript.com&utm_campaign=%2Fnews%2Fbreaking-ota-wins-turnpike-challenge-as-oklahoma-supreme-court-approves-access-6-3%2Farticle-c60285a8-3089-11ee-b930-87da0c7b4340.html%3Fmode%3Demail%26-dc%3D1690913282&utm_medium=auto%20alert%20email&utm_content=headline).
*Please note that this blog post is intended to provide general information and does not constitute legal advice. If you are seeking legal representation or advice in any aspect of real estate law, don't hesitate to contact PLAINVIEW LEGAL GROUP PLLC today. Schedule a consultation with one of our experienced real estate attorneys by calling (405) 310-0183 or filling out our online contact form. We look forward to working with you to achieve your real estate goals.*