'We wanted to stay there forever': $2.9 million awarded in OTA eminent domain case

OKLAHOMA CITY, Okla. (KOKH) — An Oklahoma County couple was awarded approximately $2.9 million in a lawsuit against the Oklahoma Turnpike Authority on Mar. 28.

On Thursday, Samantha Brewer and her attorneys with Ritchie, Rock, and Atwood in Shawnee shared their story of obtaining what they described as fair compensation in a court battle.

The agency demolished the family's custom, 3600 sq. ft. home in 2018 to make way for the Kickapoo Turnpike.

"We built it for our... forever home. We, you know, raised our... family there. We wanted to stay there forever. But it didn't happen that way," Brewer shared.

She shared that first learning that her home was in the turnpike's path was a gut punch—and then getting a 30-day notice to vacate in Jul. 2018 was devastating.

Brewer and her attorneys asserted that the OTA failed to offer fair compensation for the property's value and the cost of being uprooted.

According to attorney Nick Atwood, "They've gone through the wringer on this. They lost so much. They lost their home. They lost 46 acres. They had their property severed by the turnpike."

The OTA seized 46 acres of the total 140-acre property.

Brewer noted, "Just don't quit, you know. That's the main thing. Keep fighting if you don't feel like you have been treated fairly. Just don't give up."

The family's legal process may not be over despite the win in court.

"We don't know that it's over yet because there hasn't been a decision by the turnpike authority as to whether or not they're going to appeal. So, I have some cautious optimism that my clients have finally gotten to the end of this case," added attorney Kim Ritchie.

The OTA shared the following statement in response to FOX 25's request for comment:

Acquiring private property needed for expansion and improvements of Oklahoma’s turnpike system is one of the most profoundly serious obligations the Oklahoma Turnpike Authority must undertake. The agency has a statutory mission to improve transportation infrastructure and help make travel safer and more reliable for all Oklahomans. OTA has a great track record of working with property owners and negotiating fair and reasonable terms. Historically, the agency has avoided condemnation litigation in all but the rarest occasions where there is a genuine dispute as to the fair market value of the property to be acquired or impacts on an owner’s remaining property. OTA negotiates in good faith with property owners starting at the fair market value and often going above and beyond that amount as part of offering just compensation to property owners.In the case of the Brewer property: OTA’s initial offer for the property was $1.3 million. The independent, court-appointed commissioners recommended on July 20, 2018, an award of $1.1 million. Even after the commissioners’ award recommendation, OTA continued to negotiate with the property owners and OTA’s final offer was $1.5 million. OTA deposited the $1.1 million commissioners award amount with the court on July 27, 2018. The $826,000 amount referenced was an expert opinion given during court testimony. That was not an amount ever offered by OTA to the property owners. Again, the OTA offered $1.3 million and later $1.5 million for the property. It also should be noted that the Brewers’ own expert’s opinion given during testimony was that their property was valued at $1.9 million, which is $1 million less than the ultimate jury award. OTA has 30 days from the judgment date to determine whether it will appeal the ruling and is currently considering how to proceed.

UPDATE:

On Friday after this story originally aired, the OTA reached out to FOX 25 with a concern over the claim that the upper left-hand corner of the Brewers' property is no longer accessible using a public road.

Samantha Brewer and her attorneys shared that claim with FOX 25 on Thursday.

According to the OTA, the agency "built a new driveway off N.E 10th St. to provide the Brewers access to that property." An agency spokeswoman added that a deed written up regarding the situation "ensured that the Brewers have access in perpetuity to the property."

FOX 25 reached out to the Brewers' legal counsel for their response.

According to attorney Nick Atwood, "There is no deed that [gives] them access in perpetuity. The deed in which they are talking about specifically does not convey access!"

He added, "If you look at the last paragraph of the deed, it specifically reserves all access [rights] to OTA. Additionally, the land described in the deed does not extend to NE 10th Street. It is a small piece of land that then goes onto OTA property."