Luther, Oklahoma – A jury in Oklahoma has awarded a substantial compensation to a family who was forced to vacate their home to make way for the construction of the Kickapoo Turnpike. The Brewer family, who believed they were not offered a fair deal, received a unanimous verdict in their favor.
In 2018, the Oklahoma Turnpike Authority filed a lawsuit to acquire the Brewer’s home and acreage near Harrah. Last week, the jury ruled in favor of the family and awarded them nearly $3 million as compensation. As a result of the construction, the family’s property has been divided, with 46 acres being taken for the turnpike. Their beloved three-story home, which had a picturesque view of a pond, was demolished.
Samantha Brewer, a member of the family, expressed her sadness and frustration, stating that they had custom-built the home to spend the rest of their lives in it. The family fought for six years to receive fair compensation for their 3,600 square-foot home and the 46 acres of property that was seized through eminent domain in 2018. However, negotiations with the Oklahoma Turnpike Authority failed to yield an offer that satisfied them.
The Brewer family’s lawyers, Nick Atwood and Kim Ritchie, emphasized the requirement for just compensation under the Constitution. They argued that when families like the Brewers are asked to sacrifice their property for public benefit, they should be compensated in a way that restores them to their previous condition. The highest offer made by the Oklahoma Turnpike Authority before litigation was $1.5 million, which the family found insulting.
Apart from losing a significant portion of their land, the Brewers also experienced construction-related damage that required extensive repairs. Their home was intricately designed with features such as geothermal heating, heated floors, high-end appliances, oak trim, and handicap accessibility. The loss of their property and the inability to replicate the unique aspects of their home has been devastating for the family.
The Brewer family’s lawyers believe that there are many other families in Oklahoma facing similar situations and fighting against the Oklahoma Turnpike Authority. They warn that future turnpike projects will result in more homes being taken and properties being divided.
Despite being awarded $2.97 million by the jury, the family has not yet decided on their next steps. Meanwhile, the Oklahoma Turnpike Authority is considering an appeal.
In response to the verdict, the Oklahoma Turnpike Authority released a statement affirming their commitment to acquiring private property for turnpike expansion and improvement. They claimed that they have a track record of working with property owners and negotiating fair terms. The agency insists that their offers are made in good faith, starting at fair market value and often exceeding it. They also clarified that the $826,000 amount mentioned in court testimony was an expert opinion and was never offered to the Brewers. They have 30 days to decide whether to appeal the ruling.
The Brewer family’s case highlights the challenges faced by property owners in dealing with eminent domain and the need for fair compensation in accordance with constitutional requirements.