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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1121 By: Lepak
AS INTRODUCED
An Act relating to public nuisance; amending 50 O.S.
2021, Sections 2, which relates to public nuisance
definition; prohibiting certain fi nding; amending 50
O.S. 2021, Section 8, which relates to remedies;
clarifying remedies; requiring certain finding;
amending 50 O.S. 2021, Section 10, which relates to
cause of action; and providing an effective date .
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 50 O.S. 2021, Section 2, is
amended to read as follows:
Section 2. A public nuisance is one which affects at the same
time an entire community or neighborhood, or any considerable number
of persons, although the extent of the annoyance or damage inflicted
upon the individuals may be unequal. The manufacturing, marketing,
or selling of lawful products cannot be deemed a public nuisance.
SECTION 2. AMENDATORY 50 O.S. 2021, Section 8, is
amended to read as follows:
Section 8. A. The remedies against a public nuisance
are:
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1. Indictment or information , or;
2. A civil action, or seeking injunctive or other equitable
relief; or
3. Abatement;.
B. To be found liable in an action for public nuisance, the
defendant in such action must be determined by the judge to have
been in control of the conditions giving rise to the public nuisance
at the time of injury.
SECTION 3. AMENDATORY 50 O .S. 2021, Section 10, is
amended to read as follows:
Section 10. A private person may maintain an action for a
public nuisance if it is specially injurious to himself the judge
determines by clear and convincing evidence the public nuisance is
the proximate cause of special injury to the private person , but not
otherwise.
SECTION 4. This act shall become effective November 1, 2025.
60-1-10586 AQH 12/29/24