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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2191 By: West (Kevin), Rosencrants,
and Menz of the House
and
Gollihare and Bullard of
the Senate
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to eminent domain; defining term;
prohibiting taking of private property unless for
certain uses and with compensation; requiring court
to strictly construe certain p rovisions; prohibiting
expansion of eminent domain p owers absent statutory
authority; providing exception; amending 27 O.S.
2021, Sections 5 and 17, which relate to local
governments and resale of surplus property;
conforming language; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 41 of Title 27, unless there is
created a duplication in numbering, reads as follows :
A. As used in this act, "public use" means:
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1. 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, ease ment or a right-of-way, public building,
public cemetery, public park, or other uses authorized in Sec tion 5
of Title 27 of the Oklahoma Statutes ;
2. The possession, occupation, and ownership of land for
operations of a public utility or private entity au thorized by
statute that serves the general public ;
3. The remediation of a blighted property ; or
4. The possession of an abandoned property.
B. Private property may not be taken or damaged by a condemning
authority unless the taking or damage is necess ary for a public use
and with just compen sation. The public purpose or public benefit of
economic development, including an increase in tax base, tax
revenues, employment, or general economic health, alone does not
constitute a public use.
C. Nothing in subsection B of this section shall be construed
to prohibit a taking of private property for public use as defined
in subsection A of this section because the public use also provides
ancillary economic benefits.
D. A governmental body subordinate to the state may not
exercise, create, extend, or expand a power of eminent domain in the
absence of statutory authority. Additional procedures, remedies, or
limitations that do not deny or diminish the substantive and
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procedural rights and protections of proper ty owners under this
section may be provided by othe r law, ordinance, or charter.
E. Nothing in this section shall be construed to apply to the
abatement of any public nuisance authorized under state law.
F. The actions and determinations of the condemna tion are
subject to judicial review in a court proce eding.
SECTION 2. AMENDATORY 27 O.S. 2021, Section 5, is
amended to read as follows:
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.
SECTION 3. AMENDATORY 27 O.S. 2021, 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
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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 firs t
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 firs t
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
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 n ot apply to conveyances for
redevelopment under Sections 38-101 through 38-123 of Title 11 of
the Oklahoma Statutes.
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SECTION 4. This act shall become effective November 1, 2024.
59-2-11128 JL 05/22/24