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STATE, EX REL. DEPT. OF TRANSP. v. EVANS

No. 106,733. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

241 P.3d 273 (2010)

2010 OK CIV APP 107

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellee, v. Hazel Lorraine EVANS, Defendant/Appellant, and The Rogers County Treasurer, Defendant.

Court of Civil Appeals of Oklahoma, Division No. 1.

Rehearing Denied April 23, 2010.

Certiorari Denied October 4, 2010.

Attorney(s) appearing for the Case

Kelly F. Monaghan , Lori Gilliard , John M. Folks , Holloway & Monaghan, Tulsa, OK, for Plaintiff/Appellee.

K. Ellis Ritchie , Ryan M. Roberts , David F. DuVall , K. Ellis Ritchie, P.C., Pryor, OK, for Defendant/Appellant.

KENNETH L. BUETTNER, Presiding Judge.

¶ 1 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 O.S.2001 § 13(9...

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