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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1188 By: West (Rick)
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38	38	AS INTRODUCED
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40	40	An Act relating to the Oklahoma Turnpike Authority;
41	41	amending 69 O.S. 2021, Section 1707, which relates to
42	42	acquisition of lands; requiring certain compensation
43	43	for property damage caused by turnpikes; listing
44	44	certain compensable damages; requiring Oklahoma
45	45	Turnpike Authority acquire certain property;
46	46	providing for certain notification; requiring
47	47	notification contain certain details; req uiring
48	48	certain good-faith offer; requiring commencement of
49	49	certain action; authorizing the award of certain
50	50	fees; requiring Authority use certain existing
51	51	process for acquisition of property; and declaring an
52	52	emergency.
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62	62	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63	63	SECTION 1. AMENDATORY 69 O.S. 2021, Section 1707, is
64	64	amended to read as follows:
65	65	Section 1707. The Oklahoma Turnpike Authority is hereby
66	66	authorized and empowered to acquire by purchase, or condem nation,
67	67	land or such interest therein as in its discretion may be necessary
68	68	for the purpose of establishing, constructing, maintaining and
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95	95	operating turnpike projects or relocation thereof, and facilities
96	96	necessary and incident thereto, or necessary in the restoration of
97	97	public or private property damaged or destroyed, including borrow
98	98	areas, detours, channel changes, concession areas, public or private
99	99	access roads, and deposits of rock, gravel, sand and other road
100	100	building material for use in turnpike con struction and maintenance,
101	101	upon such terms and at such price as may be conside red by it to be
102	102	reasonable and can be agreed upon between the Authority and the
103	103	owner thereof, and to take title thereto in the name of the
104	104	Authority, provided, that such right a nd title shall be limited to
105	105	the surface rights only and shall not include oil or other mineral
106	106	rights. Groundwater rights may be severed from surface rights, upon
107	107	the written request of the owner of land to be acquired; however, an
108	108	owner of groundwater r ights shall not have a right of access to the
109	109	Authority's acquired surface rig hts. No person may construct,
110	110	maintain or operate any water well, drilling equipment or lines on
111	111	or under the surface acquired by the Authority without express
112	112	written approval of the Authority.
113	113	Property owners with property abutting turnpike projects shall
114	114	be entitled to compensation for damage to their properties caused by
115	115	turnpike projects, whether directly or indirectly. Such compensable
116	116	damage shall include noise and light pollution, damage to access,
117	117	light, view, loss of use and enjoyment of one’s p roperty, and any
118	118	diminution in the fair market value of the property. In lieu of
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145	145	such compensation, the abutting owner shall be entitled, pursuant to
146	146	the process set forth below , to have the Authority acquire the
147	147	abutting property.
148	148	At the time the Authority commences the process of any right -of-
149	149	way acquisition for all or a portion of a turnpike project, whether
150	150	by way of voluntary purchase or condemnation, the Authority shall
151	151	provide written notice, via certified and first -class mail, of such
152	152	intended right-of-way acquisition to any and all owners of real
153	153	property abutting the right -of-way to be acquired for the project.
154	154	The written notice to abutting property owners shall includ e a
155	155	statement that the abutting property owners are entitled to
156	156	compensation as set forth in this section, or alternatively, that
157	157	they may request acquisition of their real property abutting the
158	158	right-of-way acquired for the turnpike project, up to and inc luding
159	159	one thousand (1,000) feet from the boundary of the right -of-way
160	160	acquired for the project. The notice shall include a mailing
161	161	address for abutting owners to submit a written request for
162	162	compensation, or alternatively, for the acquisition of abutting
163	163	property. Any abutting property owner requesting compensation, or
164	164	alternatively, for acquisition of abutting property shall make such
165	165	request to the Authority in writing, via certified and first -class
166	166	mail, to the address designated in the Authority’s ri ght-of-way
167	167	acquisition notice, no later than thirty (30) days after the date o f
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194	194	receipt of the Authority’s notice of the intended right -of-way
195	195	acquisition.
196	196	Upon receipt of a valid request for compensation, the Authority
197	197	shall proceed to make a good faith o ffer of compensation, and
198	198	further, shall negotiate in good faith with the abutting property
199	199	owner to reach an agreement for compensation. If the parties fail
200	200	to agree upon the amount of such compensation within one hundred
201	201	eighty (180) days of the date th e property owner requests such
202	202	compensation, the Authority shall, within an ad ditional ninety (90)
203	203	days, commence an action in the District Court where the real
204	204	property is located for a determination and award to the property
205	205	owner of such compensation. Either party to the action shall be
206	206	entitled to a trial by jury. If the award of compensation in any
207	207	such action exceeds the Authority’s last best offer to the property
208	208	owner by ten percent (10%) or more, the property owner shall be
209	209	entitled to its reason able attorney fees, appraisal fees, and expert
210	210	witness fees incurred in the ac tion.
211	211	Upon receipt of a valid request for acquisition of abutting real
212	212	property, the Authority shall proceed with the acquisition in the
213	213	same manner and on the same legal terms a nd conditions as the
214	214	Authority would proceed for the acquisition of a right -of-way for
215	215	the turnpike project .
216	216	SECTION 2. It being immediately necessary for the preservation
217	217	of the public peace, health or safety, an emergency is hereby
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244	244	declared to exist, by reason whereof this act shall take effect and
245	245	be in full force from and after its passage and approval.
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247	247	60-1-10011 JBH 01/06/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1188 Compare Versions