ENGR. H. B. NO. 2191 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE
BILL NO. 2191 By: West (Kevin) and Rosecrants
of the House
and
Gollihare of the Senate
An Act relating to eminent domain; amending 27 O.S.
2021, Sections 5 and 17, which relate to local
governments and resale of surplus property;
conforming language; defining terms; prohibiting
taking of private property unless for certain uses
and with compensation; requiring court to strictly
construe certain provisions; prohibiti ng expansion of
eminent domain powers absent statutory a uthority;
providing exception; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, Section 5, is
amended to read as fo llows:
Section 5. Any county, city, town, township, school district,
or board of education, or any board or official having charge of
cemeteries created and existing under the laws of this state, shall
have power to condemn lands in like manner as railroa d companies,
for highways, rights-of-way, building sites, cemeteries, public
parks and other public purposes uses.
ENGR. H. B. NO. 2191 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. AMENDATORY 27 O.S. 2 021, Section 17, is
amended to read as follows:
Section 17. A. In the event that a portion of the total amount
of real property taken by eminent domain under the procedures set
forth in Title 27 of the Oklahoma Sta tutes this title for a public
purpose use as described in Section 9 of Title 27 of the Oklahoma
Statutes this title is not used for the purposes uses for which it
was condemned or for another public use by the agency or other
entity which acquired the real property, the portion of the real
property that is not used shall be declared surplus and shall be
first offered for resale to the person from whom the property was
taken or the heirs of the person at the appraised valu e or the
original price at which the acquiring agency or entity purchased
that portion of the property, whichever is less.
B. For purposes of complying with su bsection A of this section,
the agency or entity which acquired the real property by
condemnation shall notify the former landowner of the right of first
refusal by sending notice by certified mail, return receipt
requested, to the last-known address of the person as provided by
the person. If the mail is returned as not subject to delivery or
the former landowner is deceased, notice of the right of first
refusal shall be provided by publication in a newspaper of general
circulation in the community where the real property is located.
The notice shall contain the name of the former landowner and a
ENGR. H. B. NO. 2191 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
legal description of the surplus prop erty. If the offer to
repurchase is not accepted within ninety (90) days from the date of
notice or if the offer to repurch ase is not accepted from the date
the resale price on the property is determined, the property m ay
then be sold at public sale.
C. This section shall not apply to conveyan ces for
redevelopment under Sections 38-101 through 38-123 of Title 11 of
the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 41 of Title 27, unle ss there is
created a duplication in numbering, reads as follows:
For the purposes of this act:
1. "Abandoned property" means either of the following:
a. a property that has been substantially unoccupi ed or
unused for any commercial or residential purpose for
at least one (1) year by a person with a legal or
equitable right to occupy the property that has bee n
cited as a public nuisance in violation of a housing,
maintenance, building, or property code which has not
been remedied within a reasonable time of not less
than thirty (30) days to cure the noncompliance, and
has had a public hearing made available to the
property owner. The notice of public hearing shall
advise the property owner of the hearing’s location,
ENGR. H. B. NO. 2191 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
date and time. The hearing shall be within a
reasonable time of not less than thirty (30) days
after the time to cure t he non-compliance ends, or
b. a property for which property taxes have not been pa id
for at least two (2) years;
2. "Blighted property" means a structure tha t was inspected by
the appropriate government entity, cited for one or more enforceable
housing, maintenance, building, or pr operty code violations which by
reason of dilapidation, deterioration, age, or obsolescence of the
structure threatens the health a nd safety of the occupants or the
public, has not been remedied within a reasonable time of not less
than thirty (30) days to cure the noncompliance, has had a public
hearing made available to the property owner , and the agency or
entity that wished to acquire the property by condemnation
determined at the public hearing that reasonable progress toward
curing the cited violation has not been made. The notice of the
public hearing shall advise the property owner o f the hearing’s
location, date, and time. The public hearing shall be within a
reasonable time of not less than thirty (30) days after the time to
cure the non-compliance ends; and
3. "Public use" means:
a. the possession, occupation, ownership, and enjoyment
of the land by the general public, or by a government
entity for use as a public highway, road, easement or
ENGR. H. B. NO. 2191 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a right-of-way, public building, public cemetery,
public park, or other uses authorized in Section 5 of
Title 27 of the Oklahoma Statutes ,
b. the possession, occupation, and ownership of land for
operations of a public utility or private entity
authorized by statute that serves the general public,
c. the remediation of a blighted property, or
d. the possession of an abandoned propert y.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 42 of Title 27, unless there is
created a duplication in numb ering, reads as follows:
A. Private property may not be taken or damaged b y a condemning
authority unless the taking or damage is necessary for a public use
and with just compensation. The public purpose or public benefit of
economic development, includi ng an increase in tax base, tax
revenues, employment, or general economic h ealth, does not
constitute a public use.
B. Nothing in subsection A of this section shall be construed
to prohibit a taking of private property for publi c use as defined
in subparagraphs a, b, c, and d of paragraph 3 of Section 3 of this
act because the public use also provides ancillary economic
benefits.
C. A governmental body subordinate to the state may not
exercise, create, extend, or expand a power of eminent domain in the
ENGR. H. B. NO. 2191 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
absence of statutory authority. Additional procedures, remedies, or
limitations that do not deny or diminish the substantive and
procedural rights and protections of property owners under this
section may be provided by other law, ordinance, or charter.
D. Nothing in this section shall be construed to apply to the
abatement of any public nuis ance authorized under state law.
E. The actions and determinations of the condemnation are
subject to judicial review in a court proceeding.
SECTION 5. This act shall become effective November 1, 202 4.
Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate