§ 64-1087. Negotiations and conveyances in lieu of condemnation proceedings.

When the United States of America, acting through the Secretary of the Interior, or his duly authorized representative, or acting through the Secretary of War, or his duly authorized representative, shall determine that the construction, development, operation or maintenance of any irrigation, reclamation, water conservation and utilization, flood control, military or national defense project, or any needful public building or other public project being constructed, operated, developed or maintained under the laws of the United States, requires the appropriation of the fee simple title or any lesser estate, right or easement in and to or upon any tract of land owned by the State of Oklahoma and acquired by the state through and by reason of grants to the State of Oklahoma, made by the terms of the Enabling Act, and files a certificate executed by the Secretary of the Interior, or his duly authorized representative, or by the Secretary of War, or his duly authorized representative, certifying that the fee simple title or some lesser estate, right or easement in and to or upon such land will be appropriated and taken for such purposes under the power of eminent domain, the Commissioners of the Land Office may enter into negotiations with the United States of America, acting as aforesaid, for the purpose of determining by agreement the amount which the State of Oklahoma will be entitled to receive by reason of such appropriation for said purposes.  If the Commissioners of the Land Office are able to agree with the United States of America, acting as aforesaid, on the amount to which the State of Oklahoma will be entitled by reason of such appropriation, the Commissioners of the Land Office, by and with the consent of the Governor of the State of Oklahoma, may upon payment of the amount of compensation agreed upon and in recognition of the taking and appropriation of such land and in lieu of condemnation proceedings for the determination of the amount of such damages, execute a deed of conveyance evidencing the title or right acquired by the United States of America in the exercise of its sovereign powers and further evidencing the payment and receipt of full compensation for the land, right, easement or estate so appropriated.  The execution and delivery of said deed shall operate as conclusive evidence of such appropriation and taking and the United States of America shall thereupon be authorized to enter upon and take possession of the land to the extent of such appropriation as evidenced by said deed.  Said deed of conveyance shall not be effective unless the approval of the Governor is endorsed thereon in writing.  The Commissioners of the Land Office shall have like power to execute deeds of conveyance in lieu of condemnation proceedings when any irrigation district, conservancy district or water users' association, organized under the laws of the State of Oklahoma, certifies by and through its board of directors the necessity of taking of any such lands, and upon such certification by such irrigation district, conservancy district or water users' association, the provisions of this section shall apply with like force and effect to all such state-owned lands, or any lesser estate, right or easement therein or thereon, so appropriated by any such district or association.

Deeds in lieu of condemnation proceedings shall be executed by the presiding officer of the Commissioners of the Land Office and attested by the Secretary but no such deed shall be effective unless and until the approval of the Governor is endorsed thereon in writing.

Added by Laws 1941, p. 306, § 3, emerg. eff. Feb. 28, 1941.  Renumbered from § 423 of this title by Laws 2010, c. 41, § 139, emerg. eff. April 2, 2010.