Oklahoma Senate Bill SB1704

Oklahoma 2024 Regular Session

• Introduced: 2/5/24
• Refer: 2/6/24

Caption

Property; prohibiting title by prescription under specified circumstances. Effective date.

Impact

The proposed changes in SB1704 could significantly impact property rights and ownership disputes throughout Oklahoma. By establishing a clear link between tax payments and property ownership, the bill aims to discourage claims of adverse possession based solely on occupancy without addressing tax obligations. This could lead to a more predictable legal environment for current property owners, which advocates argue is essential for protecting their investments and maintaining the integrity of property rights in the state.

Summary

Senate Bill 1704 seeks to amend existing property law in Oklahoma by altering the criteria under which title to land can be established through adverse possession, commonly referred to as 'title by prescription'. This change specifically prohibits individuals from obtaining ownership rights over property if the current owner has continuously paid all taxes and assessments due on the land during the time that the adverse possessor claims to have occupied it. This amendment aims to reinforce the rights of property owners and ensure that tax contributions correlate directly with property ownership claims.

Contention

Notably, the bill could draw opposition from groups advocating for the rights of squatters or individuals who have been living on land without formal ownership. Critics may argue that the restrictions could disenfranchise individuals who have made a home on the land for several years but have not met tax obligations for various reasons. This point of contention highlights the delicate balance lawmakers must navigate between protecting property rights and addressing the needs and circumstances of individuals living on land they do not legally own.