Current Projects
Past Projects
Monitored Litigation
Contact Us
Donate to the Foundation
Oklahoma Farm Bureau
Home










Past Projects


May 09, 2006
Eminent domain lawsuit protects ag land

In one of the Foundation’s biggest victories to date, on May 9, 2006, the Oklahoma Supreme Court came back with a favorable opinion in Board of County Commissioners of Muskogee County v. Lowery, 2006 OK 31. The court held that the takings of the Landowners’ private property to confer a private benefit on a private party, Energetix, was in violation of Article 2, §§ 23 & 24 of the Oklahoma Constitution. Further, the court held that takings for the purpose of economic development alone, not in connection with the removal of blighted property, did not constitute a public use or public purpose to support the exercise of eminent domain as a matter of Oklahoma constitutional law, nor the public purpose requirement of 27 O.S. 2001 § 5.

The Foundation provided legal representation for four landowners whose land was condemned by the Muskogee County Commissioners to make it available for use by a private company, Energitix, L.L.C. Energitix wanted the land in order to lay a pipeline to serve a private electricity generating plant. The landowners opposed the condemnation on the grounds that the county commissioners did not have the statutory authority to take land solely to benefit a private company.

In September of 2003, the Tulsa Division of the Oklahoma Court of Civil Appeals upheld the Foundation’s position on the improper use of eminent domain for a private purpose and reversed and remanded the case back to the District Court of Muskogee County. At that time, the County of Muskogee appealed the case to the Supreme Court of Oklahoma.




How to Support OFBLF



Current Projects | Past Projects | Monitored Litigation | Contact Us | Donate to the Foundation | Oklahoma Farm Bureau | Legal Notice | Home

Copyright © 2010 Oklahoma Farm Bureau Legal Foundation