Oklahoma 2023 Regular Session

Oklahoma House Bill HB2191 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2191 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2191 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 11, 2023
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34		-	BILL NO. 2191 By: West (Kevin), Rosecrants,
35		-	~~and Menz~~ of the House
	29	+	BILL NO. 2191 By: West (Kevin) and Rosecrants
	30	+	of the House
36	31
37	32		and
38	33
39		-	Gollihare and Bullard of
40		-	the Senate
	34	+	Gollihare of the Senate
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45		-	[ eminent domain - property - compensation -
46		-	provisions - exception - codification - effective
47		-	date ]
	39	+
	40	+	An Act relating to eminent domain; amending 27 O.S.
	41	+	2021, Sections 5 and 17, which relate to local
	42	+	governments and resale of surplus property;
	43	+	conforming language; defining terms; prohibiting
	44	+	taking of private property unless for certain uses
	45	+	and with compensation; requiring court to strictly
	46	+	construe certain provisions; prohibiti ng expansion of
	47	+	eminent domain powers absent statutory a uthority;
	48	+	providing exception; providing for codification; and
	49	+	providing an effective date.
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53	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	57		SECTION 1. AMENDATORY 27 O.S. 2021, Section 5, is
55	58		amended to read as fo llows:
56	59		Section 5. Any county, city, town, township, school district,
57	60		or board of education, or any board or official having charge of
58	61		cemeteries created and existing under the laws of this state, shall
59	62		have power to condemn lands in like manner as railroa d companies,
60	63		for highways, rights-of-way, building sites, cemeteries, public
61	64		parks and other public purposes uses.
62		-	SECTION 2. AMENDATORY 27 O.S. 2 021, Section 17, is
63		-	amended to read as follows:
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65		-	SENATE FLOOR VERSION - HB2191 SFLR Page 2
66		-	(Bold face denotes Committee Amendments) 1
	66	+	ENGR. H. B. NO. 2191 Page 2 1
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	91	+	SECTION 2. AMENDATORY 27 O.S. 2 021, Section 17, is
	92	+	amended to read as follows:
91	93		Section 17. A. In the event that a portion of the total amount
92	94		of real property taken by eminent domain under the procedures set
93	95		forth in Title 27 of the Oklahoma Sta tutes this title for a public
94	96		purpose use as described in Section 9 of Title 27 of the Oklahoma
95	97		Statutes this title is not used for the purposes uses for which it
96	98		was condemned or for another public use by the agency or other
97	99		entity which acquired the real property, the portion of the real
98	100		property that is not used shall be declared surplus and shall be
99	101		first offered for resale to the person from whom the property was
100	102		taken or the heirs of the person at the appraised valu e or the
101	103		original price at which the acquiring agency or entity purchased
102	104		that portion of the property, whichever is less.
103	105		B. For purposes of complying with su bsection A of this section,
104	106		the agency or entity which acquired the real property by
105	107		condemnation shall notify the former landowner of the right of first
106	108		refusal by sending notice by certified mail, return receipt
107	109		requested, to the last-known address of the person as provided by
108	110		the person. If the mail is returned as not subject to delivery or
109	111		the former landowner is deceased, notice of the right of first
110	112		refusal shall be provided by publication in a newspaper of general
111	113		circulation in the community where the real property is located.
112	114		The notice shall contain the name of the former landowner and a
113		-	legal description of the surplus prop erty. If the offer to
114		-	repurchase is not accepted within ninety (90) days from the date of
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116		-	SENATE FLOOR VERSION - HB2191 SFLR Page 3
117		-	(Bold face denotes Committee Amendments) 1
	116	+	ENGR. H. B. NO. 2191 Page 3 1
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	141	+	legal description of the surplus prop erty. If the offer to
	142	+	repurchase is not accepted within ninety (90) days from the date of
142	143		notice or if the offer to repurch ase is not accepted from the date
143	144		the resale price on the property is determined, the property m ay
144	145		then be sold at public sale.
145	146		C. This section shall not apply to conveyan ces for
146	147		redevelopment under Sections 38-101 through 38-123 of Title 11 of
147	148		the Oklahoma Statutes.
148	149		SECTION 3. NEW LAW A new section of law to be codified
149	150		in the Oklahoma Statutes as Section 41 of Title 27, unle ss there is
150	151		created a duplication in numbering, reads as follows:
151	152		For the purposes of this act:
152	153		1. "Abandoned property" means either of the following:
153	154		a. a property that has been substantially unoccupi ed or
154	155		unused for any commercial or residential purpose for
155	156		at least one (1) year by a person with a legal or
156	157		equitable right to occupy the property that has bee n
157	158		cited as a public nuisance in violation of a housing,
158	159		maintenance, building, or property code which has not
159	160		been remedied within a reasonable time of not less
160	161		than thirty (30) days to cure the noncompliance, and
161	162		has had a public hearing made available to the
162	163		property owner. The notice of public hearing shall
163	164		advise the property owner of the hearing’s location,
164		-	date and time. The hearing shall be within a
165	165
166		-	SENATE FLOOR VERSION - HB2191 SFLR Page 4
167		-	(Bold face denotes Committee Amendments) 1
	166	+	ENGR. H. B. NO. 2191 Page 4 1
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	191	+	date and time. The hearing shall be within a
192	192		reasonable time of not less than thirty (30) days
193	193		after the time to cure t he non-compliance ends, or
194	194		b. a property for which property taxes have not been pa id
195	195		for at least two (2) years;
196	196		2. "Blighted property" means a structure tha t was inspected by
197	197		the appropriate government entity, cited for one or more enforceable
198	198		housing, maintenance, building, or pr operty code violations which by
199	199		reason of dilapidation, deterioration, age, or obsolescence of the
200	200		structure threatens the health a nd safety of the occupants or the
201	201		public, has not been remedied within a reasonable time of not less
202	202		than thirty (30) days to cure the noncompliance, has had a public
203	203		hearing made available to the property owner , and the agency or
204	204		entity that wished to acquire the property by condemnation
205	205		determined at the public hearing that reasonable progress toward
206	206		curing the cited violation has not been made. The notice of the
207	207		public hearing shall advise the property owner o f the hearing’s
208	208		location, date, and time. The public hearing shall be within a
209	209		reasonable time of not less than thirty (30) days after the time to
210	210		cure the non-compliance ends; and
211	211		3. "Public use" means:
212	212		a. the possession, occupation, ownership, and enjoyment
213	213		of the land by the general public, or by a government
214	214		entity for use as a public highway, road, easement or
215		-	a right-of-way, public building, public cemetery,
216	215
217		-	SENATE FLOOR VERSION - HB2191 SFLR Page 5
218		-	(Bold face denotes Committee Amendments) 1
	216	+	ENGR. H. B. NO. 2191 Page 5 1
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	241	+	a right-of-way, public building, public cemetery,
243	242		public park, or other uses authorized in Section 5 of
244	243		Title 27 of the Oklahoma Statutes ,
245	244		b. the possession, occupation, and ownership of land for
246	245		operations of a public utility or private entity
247	246		authorized by statute that serves the general public,
248	247		c. the remediation of a blighted property, or
249	248		d. the possession of an abandoned propert y.
250	249		SECTION 4. NEW LAW A new section of law to be codified
251	250		in the Oklahoma Statutes as Section 42 of Title 27, unless there is
252	251		created a duplication in numb ering, reads as follows:
253	252		A. Private property may not be taken or damaged b y a condemning
254	253		authority unless the taking or damage is necessary for a public use
255	254		and with just compensation. The public purpose or public benefit of
256	255		economic development, includi ng an increase in tax base, tax
257	256		revenues, employment, or general economic h ealth, does not
258	257		constitute a public use.
259	258		B. Nothing in subsection A of this section shall be construed
260	259		to prohibit a taking of private property for publi c use as defined
261	260		in subparagraphs a, b, c, and d of paragraph 3 of Section 3 of this
262	261		act because the public use also provides ancillary economic
263	262		benefits.
264	263		C. A governmental body subordinate to the state may not
265	264		exercise, create, extend, or expand a power of eminent domain in the
266		-	absence of statutory authority. Additional procedures, r emedies, or
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268		-	SENATE FLOOR VERSION - HB2191 SFLR Page 6
269		-	(Bold face denotes Committee Amendments) 1
	266	+	ENGR. H. B. NO. 2191 Page 6 1
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	291	+	absence of statutory authority. Additional procedures, remedies, or
294	292		limitations that do not deny or diminish the substantive and
295	293		procedural rights and protections of property owners under this
296	294		section may be provided by other law, ordinance, or charter.
297	295		D. Nothing in this section shall be construed to apply to the
298	296		abatement of any public nuis ance authorized under state law.
299	297		E. The actions and determinations of the condemnation are
300	298		subject to judicial review in a court proceeding.
301	299		SECTION 5. This act shall become effective November 1, 202 4.
302		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
303		-	April 11, 2023 - DO PASS AS AMENDED
	300	+	Passed the House of Representatives the 21st day of March, 2023.
	301	+
	302	+
	303	+
	304	+
	305	+	Presiding Officer of the House
	306	+	of Representatives
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	309	+
	310	+	Passed the Senate the ____ day of __________, 2023.
	311	+
	312	+
	313	+
	314	+
	315	+	Presiding Officer of the Senate
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