Legal Opinion · Concurrence

Meinders v. Board of Education of Wynnewood School District 1-38

Supreme Court of Oklahoma

Decided September 22, 1959No. 38145Published

1ConcurrenceBerry, Justice

(specially concurring).

As I understand the law in this jurisdiction where an entity vested with power of eminent domain, enters into possession and improves land under defective condemnation proceedings, such appropriation will be treated as equivalent to title by condemnation regularly acquired. Shell Petroleum Corporation v. Town of Fairfax, 180 Okl. 326, 69 P.2d 649; St. Louis & S. F. Ry. Co. v. Mann, 79 Okl. 160, 192 P. 231 and 66 O.S.1951 § 57.

A corollary to the above referred-to rule is the rule that title acquired in defective condemnation proceedings or reverse condemnation…

2Cases cited3 opinions

  1. St. Louis S. F. R. Co. v. MannSupreme Court of Oklahoma · 1920
  2. Shell Petroleum Corp. v. Town of FairfaxSupreme Court of Oklahoma · 1937
  3. Schaefer v. School District No. 18Supreme Court of Colorado · 1943

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