In city’s action for eminent domain, property owner asserted claim for inverse condemnation.
The District Court granted city summary judgment and dismissed property owner’s claim on grounds that it was governed by the Oklahoma Governmental Tort Claims Act (GTCA). Property owner filed petition for writ of prohibition.
The Supreme Court held that action for inverse condemnation was not a “tort” governed by GTCA.
A cause of action grounded on inverse condemnation is not a tort governed by Governmental Tort Claims Act (GTCA); rather, it is a special statutory proceeding for the purpose of ascertaining the compensation to be paid for appropriated or damaged property.