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Oklahoma Supreme Court affirms Oklahoma State University eminent domain case

By The Associated Press Modified: December 9, 2009 at 3:22 pm •  Published: December 9, 2009
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The Oklahoma Supreme Court says Oklahoma State University can use eminent domain to obtain the final piece of property it needed for an athletic village.

In an 8-1 decision, the state's highest court affirmed Payne County Judge Donald Worthington's 2007 ruling in the case. It authorized OSU to take title to the tiny ranch house a half-block from the Stillwater campus.

The Supreme Court remanded the case back to Worthington for a jury trial on how much the university must pay for the 631 square-foot property.

The previous owners, Kevin and Joel McCloskey, challenged whether OSU could use eminent domain, or the taking of private land for a public use, for the $316 million athletic complex.

They also claimed the university's Board of Regents was unconstitutional.