RulesofCivilProcedure.com Civil Procedure · Every State

Rule 21.Notice Form For Condemnation Cases

Rules for District Courts of Oklahoma · Last amended August 1, 2013 · Last verified August 3, 2026

In one sentenceAdopts an approved notice form for condemnation cases that tells a condemnee about the commissioners' appraisal report and the 30-day and 60-day deadlines to file an exception to the report or demand a jury trial on damages.

Full Text of Rule 21

Text size

In compliance with 66 O.S. § 55 and 69 O.S. §§1203 and 1708 the following form is approved for use in condemnation cases:
IN THE DISTRICT COURT IN ___________ COUNTY, STATE OF OKLAHOMA
____________________________ )
Plaintiff, )
) No. _____________________
____________________________ )
Defendant )
____________________________
)
Plaintiff, ) )
No. _____________________
____________________________ ) Defendant
)
NOTICE IN CONDEMNATION PROCEEDING TO: (Here list the name and mailing address of the condemnor's lawyer and of each condemnee's lawyer, as well as the name and mailing address of each unrepresented condemnee.)
You will take notice that court-appointed commissioners (appraisers) filed in this case their report on ______________, 20_____.
A copy of this report, as it pertains to the tract in which you have an interest, is attached to this notice.
If you wish to present a legal challenge to the attached report or contest the condemnor's right to take, you or your lawyer must file a written exception to it in this office at the courthouse not later than thirty (30) days after the date the attached report was filed. Should you desire a jury trial on the amount of damages to be awarded, you or your lawyer must file a written demand for it in this office at the courthouse not later than sixty (60) days after the date the attached report was filed.
You are advised that in computing the time limits for filing the papers mentioned in this notice the date the commissioners' report was filed is to be excluded and the last day of the prescribed period included.
If you fail to file an exception to the attached report or a demand for jury trial within the time limits given in this notice, your property that is sought to be taken in this case may pass to the condemnor for the amount stated in the attached commissioners' report.
____________________________ (name of town and date of notice) ____________________________
(name of Court Clerk)
Court Clerk of __________________ County By ______________________________ (Deputy)
I certify that copy hereof, together with a copy of the Report of Commissioners, was mailed by me this date, postage prepaid, to each of the persons herein named at the address above indicated which is the last known address of each of them; and
I certify that a copy hereof was published one (1) time in the ____________ on the __________ day of ________________ 20____.
_______________________________________ ________________________________________
(Date) (Deputy)
_______________________________________ ________________________________________ (Date)
(Deputy)
(INSTRUCTIONS: The certificate shown at the bottom of this form is to be added only on the original that is filed by the clerk in the case; copies of this notice to be used for mailing or publishing shall not show this certificate. It is not necessary to publish a copy of this notice if no party was served by publication.)

Amendment History

Amended by order of the Supreme Court, 2013 OK 68, eff. 8/1/2013.

Plain-English Summary

Rule 21 supplies the approved notice form for condemnation cases under 66 O.S. § 55 and 69 O.S. §§ 1203 and 1708. It tells the condemnee where the commissioners' appraisal report was filed, attaches the portion covering the condemnee's tract, and sets two deadlines running from the filing date: 30 days to file a written exception challenging the report or the condemnor's right to take, and 60 days to demand a jury trial on damages. The notice explains that the filing date itself is excluded from the count and the last day is included, and warns that missing both deadlines lets the property pass to the condemnor for the amount stated in the report. The mailing and publication certificate at the bottom is added only to the clerk's original filing, not to copies used for service.

Frequently Asked Questions

I received a notice about a commissioners' report in a condemnation case. What are the deadlines?

The approved form in Rule 21 gives you 30 days from the date the report was filed to file a written exception, and 60 days from that date to demand a jury trial on damages.

Does the day the report was filed count toward those deadlines?

No. Rule 21's notice explains that the filing date is excluded from the count, and the last day of the period is included.

What happens if I miss both deadlines?

The notice warns that your property may pass to the condemnor for the amount stated in the commissioners' report.

Does every copy of the notice need the mailing certificate on it?

No. Rule 21's instructions put the certificate only on the original filed by the clerk, not on copies used for mailing or publishing.

Source & verification. Rule text is reproduced verbatim from the Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes. Last verified August 3, 2026. · Official source
Also known as: oklahoma condemnation notice formcommissioners report exception deadline oklahomarule 21 rules for district courtseminent domain notice oklahoma