State ex rel. Department of Transportation v. Evans

KENNETH L. BUETTNER, Presiding Judge.

T1 Plaintiff/Appellee, the Oklahoma Department of Transportation (ODOT), filed a petition June 17, 2005, to acquire a portion of Defendant/Appellant Hazel Lorraine Evans' (Evans or Landowner) property, through eminent domain for the purpose of improvement and expansion of Highway 20 in Rogers County. Evans filed an exception to the Commissioners' Report on the grounds that it was in derogation of 27 0.98.2001 § 183(9). The overarching question before the trial court, and on review is whether, in an emi*275nent domain proceeding, the landowner may except to the…