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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1342 By: Allen
AS INTRODUCED
An Act relating to eminent domain; amending 27 O.S.
2021, Section 13, which relates to policies;
providing exception to certain policy; prohibiting
restriction or requirement for use of certain
proceeds; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, Section 13, is
amended to read as follows:
Section 13. Any person, acquiring agency or other entity
acquiring real property for any publ ic project or program described
in Section 9 of this title shall comply with the following policie s:
1. Every reasonable effort shall be made to ac quire,
expeditiously, real property by negotiation.
2. Real property shall be appraised before the initiati on of
negotiations, and the owner or his designated representative shall
be given an opportunity t o accompany the appraiser during his
inspection of the property, except that the head or governing body
of the entity acquiring real property, if so mandated by federal law
or regulation, may prescribe a procedure to waive the appraisal in
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cases involving the acquisition by sale or donation of property wi th
a low fair market value as such value is defined by federal law or
regulation.
3. Before the initiation of negotiations for real property, an
amount shall be established which is reasonably believed to be just
compensation therefor and such amount shal l be promptly offered for
the property. In no event shall such amount be less than the
approved appraisal o f the fair market value of such real property.
Any decrease or increase in the fair market value of real property
prior to the date of valuation ca used by the public improvement for
which such property is acquired, or by the likelihood that the
property would be acquired for such improvement, other than that due
to physical deterioration within the re asonable control of the
owner, will be disregarded in determining the compensation for the
property. The owner of the real property to be acquired shall be
provided with a written statement of, and summary of the basis for,
the amount established as just compensation. Where appropriate, the
just compensation for the real property acquired and for damages to
remaining real property shall be separately stated.
4. No owner shall be required to surrender possession of real
property before the agreed purchase price is paid or deposited with
the state court, in accordance with applicable law, for the benefit
of the owner of an amount not less than the approved appra isal of
the fair market value of such property, or the amount of the award
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of compensation in the condemnation proceeding of such property ;
provided, however, if the real property or a portion of the real
property is the homestead of the ow ner, the owner shall not be
required to surrender the real property or the portion of the real
property that is the homestead for one (1) year after the agreed
purchase price is paid to the owner. In no event shall the
acquiring agency or entity place any restriction on or requirement
for the manner in which the owner use s the proceeds from the award
of compensation.
5. The construction or development of a public improvement
shall be so scheduled that, to the greatest extent pract icable, no
person lawfully occupying real pr operty shall be required to move
from a dwelling, assuming a replacement dwelling, as required by the
Oklahoma Relocation Assistance Act, will b e available, or to move
his business or farm operation without at le ast ninety (90) days '
written notice from th e date by which such move is required.
6. If any owner or tenant is permitted to occupy the r eal
property acquired on a rental basis for a shor t term or for a period
subject to termination on short notice, the a mount of rent required
shall not exceed the fair rental value of the property to a short -
term occupier.
7. In no event shall the time of condemnation be advanced, on
negotiations or conde mnation and the deposit of funds in court for
the use of the owner b e deferred, or any other coercive action be
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taken to compel an agreement on the price to be paid for t he
property.
8. If an interest in r eal property is to be acquired by
exercise of power of eminent domain, formal condemnation proceedings
shall be instituted. The acquiring authority shall not
intentionally make it necessary for an owner to institute leg al
proceedings to prove the fact of the taking of his real property.
9. If the acquisition of only part of the property would leave
its owner with an une conomic remnant, an offer to acquire that
remnant shall be made. For the purposes of this section, an
uneconomic remnant is a parcel of r eal property in which the owner
is left with an interest after the partial acquisition of the
property of the owner wh ich has little or no value or utility to the
owner.
10. A person whose real property is being acquire d in
accordance with this title may, after the person has been fully
informed of his right to receive just compensation for such
property, donate such pro perty, any part thereof, any interest
therein, or any compensation paid therefor, as such person shall
determine.
11. As used in this sec tion:
a. "Appraisal" "appraisal" means a written statement
independently and impartially prepared by a qualified
appraiser setting forth an opinion of defined value of
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an adequately described property as of a specific
date, supported by the presentation an d analysis of
relevant market information;, and
b. "Acquiring "acquiring agency" means:
(1) a state agency which has the authority to acquire
property by eminent domain pursuant to state law,
and
(2) a state agency or pe rson which does not have such
authority, to the extent provided by regulation .
SECTION 2. This act shall be come effective November 1, 2022.
58-2-2392 TEK 1/18/2022 10:03:17 AM