State Ex Rel. Department of Transportation v. Hoebel

BARNES, Justice:

The issue presented in this case is whether a plaintiff, who brings an action in the nature of inverse condemnation, alleging a taking of his or her land by virtue of continual flooding caused by the construction of a public highway, may bring such an action without first obtaining legislative permission to sue the State.

The question is raised by the State of Oklahoma in an original action, in which it asks us to assume original jurisdiction and issue a Writ of Prohibition, prohibiting the Respondent Trial Judge, the Honorable Patricia Hoebel, from further proceeding in an…