Req. No. 10011 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1188 By: West (Rick)
AS INTRODUCED
An Act relating to the Oklahoma Turnpike Authority;
amending 69 O.S. 2021, Section 1707, which relates to
acquisition of lands; requiring certain compensation
for property damage caused by turnpikes; listing
certain compensable damages; requiring Oklahoma
Turnpike Authority acquire certain property;
providing for certain notification; requiring
notification contain certain details; req uiring
certain good-faith offer; requiring commencement of
certain action; authorizing the award of certain
fees; requiring Authority use certain existing
process for acquisition of property; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1707, is
amended to read as follows:
Section 1707. The Oklahoma Turnpike Authority is hereby
authorized and empowered to acquire by purchase, or condem nation,
land or such interest therein as in its discretion may be necessary
for the purpose of establishing, constructing, maintaining and
Req. No. 10011 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
operating turnpike projects or relocation thereof, and facilities
necessary and incident thereto, or necessary in the restoration of
public or private property damaged or destroyed, including borrow
areas, detours, channel changes, concession areas, public or private
access roads, and deposits of rock, gravel, sand and other road
building material for use in turnpike con struction and maintenance,
upon such terms and at such price as may be conside red by it to be
reasonable and can be agreed upon between the Authority and the
owner thereof, and to take title thereto in the name of the
Authority, provided, that such right a nd title shall be limited to
the surface rights only and shall not include oil or other mineral
rights. Groundwater rights may be severed from surface rights, upon
the written request of the owner of land to be acquired; however, an
owner of groundwater r ights shall not have a right of access to the
Authority's acquired surface rig hts. No person may construct,
maintain or operate any water well, drilling equipment or lines on
or under the surface acquired by the Authority without express
written approval of the Authority.
Property owners with property abutting turnpike projects shall
be entitled to compensation for damage to their properties caused by
turnpike projects, whether directly or indirectly. Such compensable
damage shall include noise and light pollution, damage to access,
light, view, loss of use and enjoyment of one’s p roperty, and any
diminution in the fair market value of the property. In lieu of
Req. No. 10011 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
such compensation, the abutting owner shall be entitled, pursuant to
the process set forth below , to have the Authority acquire the
abutting property.
At the time the Authority commences the process of any right -of-
way acquisition for all or a portion of a turnpike project, whether
by way of voluntary purchase or condemnation, the Authority shall
provide written notice, via certified and first -class mail, of such
intended right-of-way acquisition to any and all owners of real
property abutting the right -of-way to be acquired for the project.
The written notice to abutting property owners shall includ e a
statement that the abutting property owners are entitled to
compensation as set forth in this section, or alternatively, that
they may request acquisition of their real property abutting the
right-of-way acquired for the turnpike project, up to and inc luding
one thousand (1,000) feet from the boundary of the right -of-way
acquired for the project. The notice shall include a mailing
address for abutting owners to submit a written request for
compensation, or alternatively, for the acquisition of abutting
property. Any abutting property owner requesting compensation, or
alternatively, for acquisition of abutting property shall make such
request to the Authority in writing, via certified and first -class
mail, to the address designated in the Authority’s ri ght-of-way
acquisition notice, no later than thirty (30) days after the date o f
Req. No. 10011 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
receipt of the Authority’s notice of the intended right -of-way
acquisition.
Upon receipt of a valid request for compensation, the Authority
shall proceed to make a good faith o ffer of compensation, and
further, shall negotiate in good faith with the abutting property
owner to reach an agreement for compensation. If the parties fail
to agree upon the amount of such compensation within one hundred
eighty (180) days of the date th e property owner requests such
compensation, the Authority shall, within an ad ditional ninety (90)
days, commence an action in the District Court where the real
property is located for a determination and award to the property
owner of such compensation. Either party to the action shall be
entitled to a trial by jury. If the award of compensation in any
such action exceeds the Authority’s last best offer to the property
owner by ten percent (10%) or more, the property owner shall be
entitled to its reason able attorney fees, appraisal fees, and expert
witness fees incurred in the ac tion.
Upon receipt of a valid request for acquisition of abutting real
property, the Authority shall proceed with the acquisition in the
same manner and on the same legal terms a nd conditions as the
Authority would proceed for the acquisition of a right -of-way for
the turnpike project .
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
Req. No. 10011 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-10011 JBH 01/06/25