Jury awards Oklahoma family $2.97 million for loss of home and property to Kickapoo Turnpike

LUTHER, Okla. (KFOR) – An Oklahoma family has been awarded a huge compensation by a jury after they were forced out of their home to make way for the Kickapoo Turnpike. The family did not believe they were offered a fair deal, and an Oklahoma jury unanimously agreed.

The Oklahoma Turnpike Authority sued to seize the Brewer’s home and acreage near Harrah back in 2018. Last week, a jury awarded the family almost $3 million in compensation.

The Brewer family’s property is now split in half after losing 46 acres to the Kickapoo turnpike. Their custom three-story home overlooking a pond is now gone.

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“We had it custom built it for us to stay in it forever. And they threw it in a trash can. They demolished it. So, yes, it’s been tough,” said Samantha Brewer.

Samantha Brewer reflects on this final chapter in a six-year fight to be fairly compensated for her 3,600 square foot home along with 46 acres of her property. In 2018, it was seized by the State through eminent domain.

The family lawyered up, but negotiations and offers with the Oklahoma Turnpike Authority never brought an offer that satisfied them.

“They had a lot taken from them and the offer that was given to them was laughable. Our Constitution requires that they be paid just compensation because they’re being asked to make a sacrifice for the entire public,” said Nick Atwood, Brewer family’s lawyer with Ritchie Rock & Atwood.

“When families like West and Samantha have to give up their property to benefit everyone else, our Constitution says you put them back like they were before, make them whole, which means payment of money in order to make them whole,” said Kim Ritchie, Brewer family’s lawyer with Ritchie Rock & Atwood.

OTA’s highest offer to the family was $1.5 million before litigation.

“It was an insult,” said Brewer.

The 46-acre land that was divided by the highway split the family’s 140-acre property into two. Now, they only have access to one side.

The family adds, construction from the project also left the property with lots of damage and needed repairs.

“This was a custom home from top to bottom and it required a lot of detail work on determining value… Those are all complicating factors,” said Ritchie.

It’s not just the property that will be hard to replicate, so will the special features of the home that were designed to move the family into retirement.

“We had a four bedroom, four bath, geothermal, heated floors… We had all high end appliances. We had lots and lots of oak trim in the house… We had all the doorways handicap accessible. We had just we had designed this home for us to stay in forever. And it just didn’t work out that way,” said Brewer.

The family’s lawyers say there are many other Oklahoma families in similar situations who are fighting against the OTA.

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“We have the next turnpike project getting ready…  It’s a big project, there’s going to be a lot of homes taken. There’s going to be a lot of properties severed in half,” said Richie.

The Brewer family is now finally satisfied after the jury awarded them $2.97 million, but as for what’s next for the Brewer’s, “We’ve waited so long for this that we just haven’t made up her mind yet,” said Brewer.

The OTA told KFOR they are considering an appeal.

The Oklahoma Turnpike Authority sent KFOR the following statement: 

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.

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