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Oklahoma House Bill HB2191

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2191 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-2nd Session of the 59th Legislature (2024)
31-
32-CONFERENCE COMMITTEE
33-SUBSTITUTE
34-FOR ENGROSSED
35-HOUSE BILL NO. 2191 By: West (Kevin), Rosencrants,
36-and Menz of the House
28+ENGROSSED SENATE AMENDMENT
29+TO
30+ENGROSSED HOUSE
31+BILL NO. 2191 By: West (Kevin) and Rosecrants
32+of the House
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3834 and
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40- Gollihare and Bullard of
41-the Senate
36+ Gollihare of the Senate
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48-CONFERENCE COMMITTEE SUBSTITUTE
49-
50-An Act relating to eminent domain; defining term;
51-prohibiting taking of private property unless for
52-certain uses and with compensation; requiring court
53-to strictly construe certain p rovisions; prohibiting
54-expansion of eminent domain p owers absent statutory
55-authority; providing exception; amending 27 O.S.
42+An Act relating to eminent domain; amending 27 O.S.
5643 2021, Sections 5 and 17, which relate to local
5744 governments and resale of surplus property;
58-conforming language; providing for codification; and
45+conforming language; defining terms; prohibiting
46+taking of private property unless for certain uses
47+and with compensation; requiring court to strictly
48+construe certain provisions; prohibiting expansion of
49+eminent domain powers absent statutory authority;
50+providing exception; providing for codification; and
5951 providing an effective date.
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56+AUTHOR: Add the following House Coauthor: Menz
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58+AUTHOR: Add the following Senate Coauthor: Bullard
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66-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
67-SECTION 1. NEW LAW A new section of law to be codified
68-in the Oklahoma Statutes as Section 41 of Title 27, unless there is
69-created a duplication in numbering, reads as follows :
70-A. As used in this act, "public use" means:
60+AMENDMENT NO. 1. Page 1, strike the t itle
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97-1. The possession, occupation, ownership, and enjoyment of the
98-land by the general public, or by a government entity for use as a
99-public highway, road, ease ment or a right-of-way, public building,
100-public cemetery, public park, or other uses authorized in Sec tion 5
101-of Title 27 of the Oklahoma Statutes ;
102-2. The possession, occupation, and ownership of land for
103-operations of a public utility or private entity au thorized by
104-statute that serves the general public ;
105-3. The remediation of a blighted property ; or
106-4. The possession of an abandoned property.
107-B. Private property may not be taken or damaged by a condemning
108-authority unless the taking or damage is necess ary for a public use
109-and with just compen sation. The public purpose or public benefit of
110-economic development, including an increase in tax base, tax
111-revenues, employment, or general economic health, alone does not
112-constitute a public use.
113-C. Nothing in subsection B of this section shall be construed
114-to prohibit a taking of private property for public use as defined
115-in subsection A of this section because the public use also provides
116-ancillary economic benefits.
117-D. A governmental body subordinate to the state may not
118-exercise, create, extend, or expand a power of eminent domain in the
119-absence of statutory authority. Additional procedures, remedies, or
120-limitations that do not deny or diminish the substantive and
87+Passed the Senate the 25th day of April, 2024.
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91+ Presiding Officer of the Senate
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94+Passed the House of Representatives the ____ day of __________,
95+2024.
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99+ Presiding Officer of the House
100+ of Representatives
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147-procedural rights and protections of proper ty owners under this
148-section may be provided by othe r law, ordinance, or charter.
149-E. Nothing in this section shall be construed to apply to the
150-abatement of any public nuisance authorized under state law.
151-F. The actions and determinations of the condemna tion are
152-subject to judicial review in a court proce eding.
153-SECTION 2. AMENDATORY 27 O.S. 2021, Section 5, is
127+ENGROSSED HOUSE
128+BILL NO. 2191 By: West (Kevin) and Rosecrants
129+of the House
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131+ and
132+
133+ Gollihare of the Senate
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135+
136+
137+
138+
139+An Act relating to eminent domain; amending 27 O.S.
140+2021, Sections 5 and 17, which relate to local
141+governments and resale of surplus property;
142+conforming language; defining terms; prohibiting
143+taking of private property unless for certain uses
144+and with compensation; requiring court to strictly
145+construe certain provisions; prohibiti ng expansion of
146+eminent domain powers absent statutory a uthority;
147+providing exception; providing for co dification; and
148+providing an effective date.
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155+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
156+SECTION 1. AMENDATORY 27 O.S. 2021, Section 5, is
154157 amended to read as fo llows:
155158 Section 5. Any county, city, town, township, s chool district,
156159 or board of education, or any board or official having charge of
157160 cemeteries created and existing under the laws of this state, shall
158161 have power to condemn lands in like manner as railroa d companies,
159162 for highways, rights-of-way, building sites, cemeteries, public
160163 parks and other public purposes uses.
161-SECTION 3. AMENDATORY 27 O.S. 2021, Section 17, is
162-amended to read as follows:
163-Section 17. A. In the event that a portion of the total amount
164-of real property taken by eminent domain under the procedures set
165-forth in Title 27 of the Oklahoma Sta tutes this title for a public
166-purpose use as described in Section 9 of Title 27 of the Oklahoma
167-Statutes this title is not used for the purposes uses for which it
168-was condemned or for another public use by the agency or other
169-entity which acquired the real property, the portion of the real
170-property that is not used shall be declared surplus and shall be
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190+SECTION 2. AMENDATORY 27 O.S. 2 021, Section 17, is
191+amended to read as follows:
192+Section 17. A. In the event that a portion of the total amount
193+of real property taken by eminent domain under the procedures set
194+forth in Title 27 of the Oklahoma Sta tutes this title for a public
195+purpose use as described in Section 9 of Title 27 of the Oklahoma
196+Statutes this title is not used for the purposes uses for which it
197+was condemned or for another public use by the agency or other
198+entity which acquired the real property, the portion of the real
199+property that is not used shall be declared surplus and shall be
197200 first offered for resale to the person from whom the property was
198201 taken or the heirs of the person at the appraised valu e or the
199202 original price at which the acquiring agency or entity purchased
200203 that portion of the property, whichever is less.
201204 B. For purposes of complying with su bsection A of this section,
202205 the agency or entity which acquired the real property by
203206 condemnation shall notify the former landowner of the right of first
204207 refusal by sending notice by certified mail, return receipt
205208 requested, to the last-known address of the person as provided by
206209 the person. If the mail is re turned as not subject to delivery or
207210 the former landowner is deceased, notice of the right of first
208211 refusal shall be provided by publication in a newspaper of general
209212 circulation in the community where the real property is located.
210213 The notice shall contai n the name of the former landowner and a
211-legal description of the surplus prop erty. If the offer to
212-repurchase is not accepted within ninety (90) days from the date of
213-notice or if the offer to repurch ase is not accepted from the date
214-the resale price on the property is determined, the property m ay
215-then be sold at public sale.
216-C. This section shall n ot apply to conveyances for
217-redevelopment under Sections 38-101 through 38-123 of Title 11 of
218-the Oklahoma Statutes.
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245-SECTION 4. This act shall become effective November 1, 2024.
240+legal description of the surplus prop erty. If the offer to
241+repurchase is not accepted within ninety (90) days from the date of
242+notice or if the offer to repurch ase is not accepted from the date
243+the resale price on the property is determined, the property m ay
244+then be sold at public sale.
245+C. This section shall not apply to conveyan ces for
246+redevelopment under Sections 38-101 through 38-123 of Title 11 of
247+the Oklahoma Statutes.
248+SECTION 3. NEW LAW A new section of law to be codified
249+in the Oklahoma Statutes as Section 41 of Title 27, unle ss there is
250+created a duplication in numbering, reads as follows:
251+For the purposes of this act:
252+1. "Abandoned property" means either of the following:
253+a. a property that has been substantially unoccupi ed or
254+unused for any commercial or residential purpose for
255+at least one (1) year by a person with a legal or
256+equitable right to occupy the property that has bee n
257+cited as a public nuisance in violation of a housing ,
258+maintenance, building, or property code which has not
259+been remedied within a reasonable time of not less
260+than thirty (30) days to cure the noncompliance, and
261+has had a public hearing made available to the
262+property owner. The notice of public hearing shall
263+advise the property owner of the hearing’s location,
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290+date and time. The hearing shall be within a
291+reasonable time of not less than thirty (30) days
292+after the time to cure t he non-compliance ends, or
293+b. a property for which property taxes have not been p aid
294+for at least two (2) years;
295+2. "Blighted property" means a structure tha t was inspected by
296+the appropriate government entity, cited for one or more enforceable
297+housing, maintenance, building, or pr operty code violations which by
298+reason of dilapidation , deterioration, age, or obsolescence of the
299+structure threatens the health a nd safety of the occupants or the
300+public, has not been remedied within a reasonable time of not less
301+than thirty (30) days to cure the noncompliance, has had a public
302+hearing made available to the property owner , and the agency or
303+entity that wished to acquire the property by condemnation
304+determined at the public hearing that reasonable progress toward
305+curing the cited violation has not been made. The notice of the
306+public hearing shall advise the property owner o f the hearing’s
307+location, date, and time. The public hearing shall be within a
308+reasonable time of not less than thirty (30) days after the time to
309+cure the non-compliance ends; and
310+3. "Public use" means:
311+a. the possession, occupation, ownership, and enjoyment
312+of the land by the general public, or by a government
313+entity for use as a public highway, road, easement or
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340+a right-of-way, public building, public cemetery,
341+public park, or other uses authorized in Section 5 of
342+Title 27 of the Oklahoma Statutes ,
343+b. the possession, occupation, and ownership of land for
344+operations of a public utility or private entity
345+authorized by statute that serves the general public,
346+c. the remediation of a blighted property, or
347+d. the possession of an abandoned propert y.
348+SECTION 4. NEW LAW A new section of law to be codified
349+in the Oklahoma Statutes as Section 42 of Title 27, unless there is
350+created a duplication in numb ering, reads as follows:
351+A. Private property may not be taken or damaged b y a condemning
352+authority unless the taking or damage is necessary for a public use
353+and with just compensation. The public purpose or public benefit of
354+economic development, includi ng an increase in tax base, tax
355+revenues, employment, or general economic h ealth, does not
356+constitute a public use.
357+B. Nothing in subsection A of this section shall be construed
358+to prohibit a taking of private property for publi c use as defined
359+in subparagraphs a, b, c, and d of paragraph 3 of Section 3 of this
360+act because the public use also provides ancillary economic
361+benefits.
362+C. A governmental body subordinate to the state may not
363+exercise, create, extend, or expand a power of eminent domain in the
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390+absence of statutory authority. Additional procedures, remedies, or
391+limitations that do not deny or diminish the substantive and
392+procedural rights and protections of property owners under this
393+section may be provided by other law, ordinance, or charter.
394+D. Nothing in this section shall be construed to apply t o the
395+abatement of any public nuis ance authorized under state law.
396+E. The actions and determinations of the condemnation are
397+subject to judicial review in a court proceeding.
398+SECTION 5. This act shall become effective November 1, 202 4.
399+Passed the House of Representatives the 21st day of March, 2023.
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404+ Presiding Officer of the House
405+ of Representatives
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409+Passed the Senate the ____ day of __________, 2023.
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