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Trespass or Taking? How long can I wait before taking legal action?

Oklahoma has statutes protecting a citizen’s real estate property interests, but which one to apply?

Simple trespass involves “an entry upon the real estate of another without the permission of the person lawfully entitled to possession.” OUJI 17.1. If there are damages resulting from this trespass, the the applicable statute of limitations is the (relatively) short two (2) years in Oklahoma. Any lawsuit filed to recover damages from an alleged trespass must be commenced within two years or else be time-barred by the statute of limitations.

However, what if the trespassing entity is a utility company, and the trespass is more along the lines of an ongoing problem that has essentially taken your land from you without compensation? If the offending entity happens to be one with condemnation power, and should have condemned your land for their use, there opens the possibility of a private inverse condemnation action under the Oklahoma constitution. While the process is somewhat complex, the good news is the there is a 15-year statute of limitations under which you may recover.

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