BARNETT v. OKAY PUBLIC WORKS AUTHORITY
2022 OK 24
| Okla. | 2022Background
- The Okay Public Works Authority (OPWA), a public trust providing water and sanitary utilities for Okay, Oklahoma, undertook a publicly funded sanitary system improvement project beginning in 2009.
- The project replaced, extended, and relocated wastewater sewer lines and expanded work onto River Valley Mobile Home Community (owned by Vicky Barnett) without obtaining an easement or Barnett's permission.
- OPWA installed an 8" sewer main across River Valley, tied private home lines into its system, and connected lines serving adjacent properties; work caused significant property damage and sewage drainage problems from improper grading.
- Barnett sued for inverse condemnation; a jury awarded $73,350, the district court denied OPWA's JNOV motion and granted OPWA an easement, and OPWA appealed.
- The Court of Civil Appeals reversed, holding OPWA lacked eminent domain authority under 60 O.S. § 176(J); the Oklahoma Supreme Court granted certiorari and reviewed statutory construction and public-use issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OPWA had eminent domain power under 60 O.S. §176(J) to install wastewater sewer lines on River Valley property | Barnett: OPWA lacked eminent domain authority over sewer/wastewater lines | OPWA: §176(J)'s grant for projects involving “water for domestic purposes” includes transportation, delivery, and treatment of wastewater | Court: §176(J) covers transportation/delivery/treatment of water for domestic purposes, which includes wastewater; OPWA had eminent domain power |
| Whether the project was a public use | Barnett: The River Valley work was not a public-use taking | OPWA: Project improved the public sanitary system, benefited town residents, and was publicly funded | Court: Project was a public trust utility improvement benefiting Okay and therefore a public use |
Key Cases Cited
- Morton v. Okmulgee Producers & Mfrs. Gas Co., 248 P.2d 1028 (Okla. 1952) (entity with eminent domain owns property placed on condemned land)
- Board of Cty. Comm'rs of Muskogee Cty. v. Lowery, 136 P.3d 639 (Okla. 2006) (§176(J) to be strictly construed)
- Drabek v. City of Norman, 946 P.2d 658 (Okla. 1996) (inverse condemnation requires taking by entity with eminent domain power)
- State ex rel. Dep't of Transp. v. Post, 125 P.3d 1183 (Okla. 2005) (procedures and remedy for inverse condemnation)
- First Nat'l Bank in Durant v. Honey Creek Entm't Corp., 54 P.3d 100 (Okla. 2002) (standard for JNOV/directed verdict review)
- Tuttle v. Jefferson Power & Imp. Co., 122 P. 1102 (Okla. 1912) (furnishing utilities is manifestly public use)