Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB41

Introduced
2/6/23  

Caption

Eminent domain; requiring return of surplus property; placing burden of proof on condemning authority; granting certain rights to private property owners. Effective date.

Impact

One of the significant changes proposed in SB41 is the requirement for municipalities to offer surplus property, once taken, back to the original owner or their heirs at no cost if it is not used for the intended public purpose. This measure is designed to ensure that property taken through eminent domain is not lost to the original landowner without fair compensation or opportunity for reclamation, thereby protecting property rights and enhancing accountability in government actions. Additionally, courts are directed to interpret eminent domain statutes strictly in favor of property owners, which may lead to increased scrutiny of condemning authorities' actions.

Summary

Senate Bill 41 aims to amend existing laws regarding eminent domain in Oklahoma, focusing on the powers and responsibilities of local governments and condemning authorities. The bill outlines the requirement for just compensation when private property is taken for public use, and it places the burden of proof on the condemning authority to demonstrate that the taking is necessary and cannot be accomplished by acquiring alternate property with the owner's consent. This legislative change strives to reinforce the rights of private property owners, particularly when facing condemnation scenarios.

Contention

The bill has garnered attention regarding its approach to the definition of public use. It explicitly states that economic development benefits such as increased tax bases or revenues cannot be constituted as public use, which may limit the scopes of projects that cities and towns can undertake. Critics may argue that this limitation could hinder legitimate development and redevelopment efforts, particularly in areas where public improvements are necessary. The modifications proposed also raise questions about blighted and abandoned properties, as they set forth stringent criteria for determining such conditions and provide a legal framework that emphasizes the rights of property owners amidst public scrutiny.

Companion Bills

OK SB41

Carry Over Eminent domain; requiring return of surplus property; placing burden of proof on condemning authority; granting certain rights to private property owners. Effective date.

Previously Filed As

OK SB41

Eminent domain; requiring return of surplus property; placing burden of proof on condemning authority; granting certain rights to private property owners. Effective date.

OK HB2191

Eminent domain; limiting the use of eminent domain; effective date.

OK SB212

Property; prohibiting certain ownership of land through business entity or trust; requiring affidavit with recording of deed. Effective date.

OK HB1066

County commissioners; transfer of surplus property; prohibition; effective date.

OK SB1051

Property; prohibiting certain ownership of land through business entity or trust. Effective date.

OK HB1023

Property; owners association; solar energy; effective date.

OK HB2264

Oklahoma Turnpike Authority; requiring Authority to conduct certain studies; requiring Authority to obtain certain approvals; effective date.

OK HB2169

Counties and county officials; appraisers of real property; education accreditation; energy producing properties; effective date.

OK SB464

Property; prohibiting certain ownership of land through business entity or trust; creating a felony offense for certain violations. Effective date.

OK SB519

Commissioners of the Land Office; authorizing the lease of property to certain charter schools. Effective date. Emergency.

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CA SB603

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HI HB1398

Relating To Property.