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OKLAHOMA TURNPIKE AUTHORITY v. NEW

No. 77769.

853 P.2d 765 (1993)

OKLAHOMA TURNPIKE AUTHORITY, a body corporate and politic, Appellant, v. James Rex NEW and Debra L. New, husband and wife, and New Family Partnership, Appellees.

Supreme Court of Oklahoma.

As Amended on Grant of Rehearing for Limited Purpose June 1, 1993.

Attorney(s) appearing for the Case

G. Lawrence Fox Tulsa, for appellant Oklahoma Turnpike Authority.

Hilborne & Weidman by Thomas G. Hilborne, Jr., Tulsa, Logan, Lowry, Johnston, McGeady, Curnutte & Logan by Leonard M. Logan, IV, Vinita, for appellees.

HODGES, Chief Justice.

The Oklahoma Turnpike Authority (OTA) brought a condemnation action against the appellees (landowners) to acquire land for the Cherokee Turnpike. The court-appointed commissioners determined $13,500 to be the just compensation for the property taken by OTA. Landowners timely demanded a jury trial. The jury awarded the landowners compensation of $135,000 for the land.

Landowners applied to the trial court for reimbursement of attorney...

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