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Recent Court Decisions

Oklahoma Civil Appeals

In City of Oklahoma City v. Hamilton, 1999 OK CIV APP 62, ___P.2d___, (decided: 2/8/99), an eminent domain case, the Oklahoma Court of Civil Appeals affirmed the decision that a jury could include in the condemnation award, in addition to the value of the condemned land and building, the costs which the landowners incurred to move property owned by others which was located there (relocation cost).

 

In re Protest of Beebe, 1999 OK CIV APP 69, ___P.2d___, (decided: 4/9/99), the Oklahoma Court of Civil Appeals affirmed the decision that a school system's early retirement incentive plan did not create "a debt to be paid out of future revenues" and, therefore, did not violate Article 10, §26 of the Oklahoma Constitution. It also found that Article 5, §62 and 70 O.S. Supp. 1997 §17-105(9) do not restrict retirement benefits to "pension plans" only, but in fact allow a plan such as the one at issue.