Oklahoma Town Raises Surcharge to Pay Attorneys Rather Than Pay Its Obligation to Property Owners

ARLINGTON, Va.—Yesterday evening, the city council of Okay, Oklahoma, voted to add a $10 surcharge, indefinitely, to all water customers to pay its attorneys to continue fighting a lawsuit from property owner Melisa Robinson. The city did not let anyone from the public speak during the meeting about the surcharge. In 2022, the Oklahoma Supreme Court ruled that the Okay Public Works Authority owed Melisa just compensation after it damaged and took her property when it replaced sewer lines without legal authorization. For years the city refused to pay, forcing Melisa to file another federal lawsuit with the Institute for Justice (IJ).

“It’s beyond belief that Okay would rather raise a surcharge to pay their attorneys rather than pay me what the court already says they owe,” said Melisa. “I don’t think its right to charge the public to continue a fight they know is wrong to begin with. But if the city can do this to me, they can do it to anyone else.”

According to the city, the new surcharge will raise between $28,000 and $30,000 annually.

After years in court, Melisa Robinson was overjoyed when the Oklahoma Supreme Court ruled that the city of Okay owed her family $73,000 for taking their property. Melisa’s family are the long-time owners of a small mobile home community that was damaged in 2009 when Okay workers dug a sewer line on it without any legal authorization.

But the city says that the Okay Public Works Authority (the Trust) that owes Melisa the money is penniless. Any money the Trust has belongs to the city—but the city says it doesn’t owe Melisa anything (even though it controls the Trust). That is unconstitutional: The Fifth Amendment to the U.S. Constitution says the government must pay for what it takes, and that means it must pay in cash—not hand over a worthless IOU.

“As long as the city refuses to pay Melisa the just compensation she’s owed, it continues to violate the Fifth Amendment,” said IJ Attorney Brian Morris. “And now, by trying to blame Melisa for the costs of litigation the city itself created, it’s sending a clear message to the residents of Okay: If you try to stand up for your constitutional rights, we’ll come after you in more ways than just one.”

The Fifth Amendment forbids the government from taking property “without just compensation.” In Melisa’s case, Okay began digging a brand-new sewer line on her property—without obtaining permission and without giving notice. (The Trust owned a sewer easement on the land next door. It didn’t own anything on Melisa’s land, but it dug anyway.) Making things worse, the work did not go well. There was extensive damage to the property and the sewage did not drain correctly from the homes. Melisa paid to fix the damage out of her own pocket—and then sued for compensation.

The Constitution’s plain language should bar the government from playing shell games when it comes to paying just compensation. Melisa’s lawsuit brings claims against the Trust and the city for violating her Fifth Amendment rights. She is suing both directly under the Fifth Amendment and under the federal civil rights statute for violations of the Constitution.