not acquired by condemnation.
A.Where a condemnation proceeding is instituted by any person, agency, or other entity to acquire real property for use as provided in Section 9 of this title or Section 52, 60, or 61 of Title 52 of the Oklahoma Statutes and a jury trial is requested by the owner of any right, title, or interest in such real property, or by both such owner and the condemning authority, and the award of the jury exceeds the greater of the award of the court-appointed commissioners or the last timely written offer of just compensation made by the condemning authority by at least ten percent (10%), the owner of any right, title, or interest in such real property may be paid such sum as in the opinion of the court will reimburse such owner for his or her reasonable attorney, appr
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not acquired by condemnation. A. Where a condemnation proceeding is instituted by any person, agency, or other entity to acquire real property for use as provided in Section 9 of this title or Section 52, 60, or 61 of Title 52 of the Oklahoma Statutes and a jury trial is requested by the owner of any right, title, or interest in such real property, or by both such owner and the condemning authority, and the award of the jury exceeds the greater of the award of the court-appointed commissioners or the last timely written offer of just compensation made by the condemning authority by at least ten percent (10%), the owner of any right, title, or interest in such real property may be paid such sum as in the opinion of the court will reimburse such owner for his or her reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order. The written offer of just compensation will be considered timely for purposes of this subsection if the offer is made at any time prior to seventy- five (75) days after the report of the court-appointed commissioners is filed. The final award of such sums shall be paid by the person, agency, or other entity which sought to condemn the property. B. Where a condemnation proceeding is instituted for the purposes set forth in subsection A of this section and the final judgment is that the real property cannot be acquired by condemnation, if the party instituting the proceeding abandons such proceeding, or if a jury trial is requested only by the condemning authority, and the award of the jury exceeds ninety percent (90%) of the greater of the award of the court-appointed commissioners or the last written offer of just compensation made by the condemning authority, the owner of any right, title, or interest in such real property may be paid such sum as in the opinion of the court will reimburse such owner for his or her reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order. The written offer of just compensation will be considered timely for purposes of this subsection if it is made at any time prior to seventy-five (75) days after the report of the court-appointed commissioners is filed. The final award of such sums shall be paid by the person, agency, or other entity which sought to condemn the property.