Okla. Stat. » Title 66 — RAILROADS
Oklahoma Statutes

Okla. Stat. tit. 66, § 56 (2026)

Taking by eminent domain - Appeal to Supreme Court

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Either party aggrieved may appeal from the decision of the district court to the Supreme Court; but such review or appeal shall not delay the prosecution of the work on such railroad over the premises in question, if such corporation shall first have paid to the owner of said real property, or deposited with the said clerk for said owner, the amount so assessed by said commissioners or district court; and in no case shall said corporation be liable for the costs on such review or appeal, unless the owner of such real property shall be adjudged entitled, upon either review or appeal, to a greater amount of damages than was awarded by said commissioners. The corporation shall in all cases pay the costs and expenses of the first assessment. And in case of review or appeal, the final decision may be transmitted by the clerk of the proper court, duly certified, to the proper register of deeds, to be by him filed and recorded as hereinbefore provided for the recording of the report, and with like effect. The fee of land over which a mere easement is taken, without the consent of the owner, shall remain in such owner subject only to the use for which it was taken. R.L. 1910, § 1403.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1954–2023 · leading case: B. Willis, C.P.A., Inc. v. BNSF Ry. Corp., 531 F.3d 1282 (10th Cir. 2008).
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B. Willis, C.P.A., Inc. v. BNSF Ry. Corp., 531 F.3d 1282 (10th Cir. 2008). · cites it 2× “Despite Willis’ pending appeal, Okla. Stat. tit. 66, § 56 permitted PSO to take possession of the easement by paying the court clerk, on Willis’ behalf, the amount of compensation the appointed three-member commission had awarded Willis.”
Pub. Serv. Co. of Oklahoma v. B. Willis, C.P.A., Inc., 2007 OK CIV APP 18, 155 P.3d 845. · cites it 2× “Willis was entitled to appeal from that Order and could have stayed the effect of that Order by posting a bond, 12 O.”
State ex rel. Bd. of Regents v. McCloskey Bros., 2009 OK 90, 227 P.3d 133. “(13) 66 O.S.1991 § 56 (condemnation appeals); .”
Blankenship v. Bone, 530 P.2d 578 (Okla. Civ. App. 1975). · cites it 2× “1971, § 6 is to be accomplished in like manner as condemnation by railroad companies and the order of July 2, 1973 apparently was entered under the authority of 66 O.S.1971, § 56 which provides in part: “Either party aggrieved may appeal from the decision of the district court…”
Kelly v. Oklahoma Tpk. Auth., 269 P.2d 359 (Okla. 1954). “1951 § 921, 28 O.S. 1951 Sec. 31 tipon defendants’ withdrawal of .”
W. Farmers Elec. Coop. v. Willard, 726 P.2d 361 (Okla. Civ. App. 1986). “This quasi final order of the trial court has been held to be appeal-able under 66 O.S.1981 § 56 and in Town of Ames v. Wybrant, 203 Okl.”
State ex rel. Dep't of Highways v. Marshall, 530 P.2d 1023 (Okla. 1975). “1910, § 1403, now codified without change as 66 O.S.1971, § 56, includes the following sentence : “The corporation shall in all cases pay the costs and expenses of the first assessment.”
In re Amendment of Oklahoma Supreme Court, Rule 1.20 & 1.22, 2023 OK 28. · cites it 4× “§ 994 (judgment entered in multi-party/multi-claim cases); or (16) Any other statute now in force or hereafter enacted which finally determines the rights of the parties in the action.”
In re Amendment of Oklahoma Supreme Court, Rule 1.20 & 1.22, 2023 OK 28. · cites it 4× “§ 994 (judgment entered in multi-party/multi-claim cases); or (16) Any other statute now in force or hereafter enacted which finally determines the rights of the parties in the action.”
State ex rel. Regents v. Mccloskey Bros., 2009 OK 90, 227 P.3d 133. “(13) 66 O.S.1991 § 56 (condemnation appeals);.”
Biles v. Oklahoma Gas & Elec. Co., 294 P.2d 817 (Okla. 1956). “In discussing the order this court stated: “ * * * The right of appeal in this character of proceeding is granted by section 1403 [66 O.S.1951 § 56] and an examination of its language convinces us that it contemplates a final disposition of the proceeding; for it is provided in…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.