Oklahoma’s private property owners won a significant victory May 9 when the state’s highest court ruled against a private company’s attempt to seize private property through eminent domain. The case involved Muskogee County versus Ed and Mary Lowery. The Lowerys own a farm south of Muskogee.
The land battle started when Muskogee County commissioners condemned Lowery’s property for use by Energetix, a private electric generation plant. Energetix wanted to build and operate a water pipeline across Lowery’s property connecting the plant to the Arkansas River. A Muskogee County District judge earlier ruled in favor of the county. This ruling was overturned by the Civil Court of Appeals in Tulsa and eventually taken to the Oklahoma Supreme Court.
“This has been a lengthy struggle to establish the government does not have the right to decide who can own property,” said Harlan Hentges, Lowery’s attorney and legal counsel for the Oklahoma Farm Bureau Legal Foundation. The Foundation adopted Lowery’s case because individuals do not have the financial resources to tackle the combined powers of big business and government, Hentges said.
“We would not have been able to take this to the courts without the financial support of the Foundation,” Lowery said.
Muskogee County officials claimed Oklahoma’s eminent domain law allowed them to take private property for economic development. However, in their ruling the Supreme Court justices said economic development alone is not a public purpose to justify the county’s power of eminent domain.
“We’re extremely pleased with this decision,” said Steve Kouplen, president of the Oklahoma Farm Bureau. “This supports our contention that private property rights are inherent to a citizen’s basic rights in this country.”
The court ruling comes at a time when state lawmakers are considering legislation that would make it more difficult for government to seize property using eminent domain powers.
