See Davis Oil Co. v. Cloud, 1986 OK 73, ¶ 22, 766 P.2d 1347, 1352. ¶ 18 However, Chesapeake suggests these factors are no longer relevant to surface damages cases because of the decision in Williams Natural Gas Co. v. Perkins, 1997 OK 72, 952 P.2d 483. In Williams, the Oklahoma Supreme Court held unconstitutional the legislature's designation, in 66 O.S.1991 § 53 (D), of "before-and-after" valuation as the exclusive method to determine just compensation in partial takings cases.

SeeWilliamsNat. Gas Co. v. Perkins, 1997 OK 72, ¶ 4, 952 P.2d 483, 487. City characterizes this case as a "total taking," a label it uses to refer to condemnation of the warehouse and the entire parcel of land where the warehouse sat, to differentiate this case from one involving only a "partial taking." The latter phrase has been used in cases after the amendment to § 24 to describe taking of a part of the condemnee's property.

Comments The Oklahoma Supreme Court decided that this Instruction was "a correct statement of the law" in Williams Natural Gas Co. v. Perkins, 1997 OK 72, ¶ 13, 952 P.2d 483, 488, under Okla. Const. art. 2, § 24, despite conflicting language in 66 O.S. 2021, § 53(D). Instruction No. 31.5

Id. 737 P.2d at 942. In Williams Natural Gas Company v. Perkins, 1997 OK 72, 952 P.2d 483, we allowed a party appeal-related attorney's fees conditional upon prevailing upon success upon retrial. Id. at ¶ 26, 952 P.2d at 491.

Accordingly, the formula from the last sentence of these paragraphs is not included in the Instruction.The Oklahoma Supreme Court decided that this Instruction was "a correct statement of the law" in Williams Natural Gas Co. v. Perkins, 1997 OK 72, ¶ 13, 952 P.2d 483, 488, under Okla. Const. art. 2, § 24, despite conflicting language in Okla. Stat. tit. 66, § 53(D) (2011).

¶ 4 After reviewing the relevant case law and statutory authority, we hold ODOT's court reporter fees and copying expenses qualify as costs under § 1203(e)(1). Citing 12 O.S. 1991 § 942 as statutory support, Williams Nat. Gas Co. v. Perkins, 1997 OK 72, 952 P.2d 483, determined a prevailing landowner in a condemnation case should have been awarded its litigation costs. Such "recoverable costs include court fees, expenses for giving notice, witness and subpoena fees, copying costs, transcripts and costs of depositions."

When looking first to the trial court's judgment and construing it to determine if judicial discretion was actually exercised on the issue we are asked to review, we examine the clear and unambiguous language of the instrument, since such language is controlling.John v. Saint Francis Hospital, Inc. , 2017 OK 81, ¶ 28, 405 P.3d 681, 690 ; Williams Natural Gas Co. v. Perkins , 1997 OK 72, ¶ 17, 952 P.2d 483, 489 ; Jones v. Stemco Manufacturing Co. Inc. , 1981 OK 10, 624 P.2d 1044, 1046.Indep. Sch. Dist. No. 52 of Okla. Cnty. v. Hofmeister , 2020 OK 56, ¶ 52, & n. 73, 473 P.3d 475, 498.

This Court has found that "[a]n amendment to a constitutional provision that has been judicially interpreted is presumed to have changed the existing law." Williams Nat. Gas Co. v. Perkins , 1997 OK 72, ¶ 14 n.11, 952 P.2d 483, 489 n.11. ¶17 In contrast, SB 608 states that manufacturers shall sell the top 25 brands to every licensed wholesaler.

Left open, a plaintiff is required to postulate, pre-petition, whether section 19.1 applies, and if so, whether the selected expert satisfies the "qualified expert" requirement. It is well-settled that "[t]he qualification of an expert witness is generally within the sound discretion of the trial court...." Williams Natural Gas Co. v. Perkins, 1997 OK 72, ¶ 17, 952 P.2d 483, 489. Like the overly inclusive class in Wall, section 19.1's overly broad application is unworkable.

A condemnation proceeding is strictly controlled by the constitution and statutes. Williams Natural Gas Co., 1997 OK 72, ¶ 25, 952 P.2d 483; Carter v. City of Oklahoma City, 1993 OK 134, ¶ 12, 862 P.2d 77. See, Curtis v. WFEC Railroad Co., supra, wherein a landowner sued a condemnor for damages to land which occurred while the condemnor was on the property pursuant to an easement it had obtained through condemnation.