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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 1233 By: West (Kevin)
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38	38	AS INTRODUCED
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40	40	An Act relating to eminent domain; defining term;
41	41	prohibiting taking of private property unless for
42	42	certain uses and with compensat ion; requiring court
43	43	to strictly construe certain provisions; prohibiting
44	44	expansion of eminent domain powers absent statutory
45	45	authority; providing exception; amending 27 O.S.
46	46	2021, Sections 5 and 17, which relate to local
47	47	governments and resale of surplus property;
48	48	conforming language; providing for codification; and
49	49	providing an effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. NEW LAW A new section of law to be codified
56	56	in the Oklahoma Stat utes as Section 41 of Title 27, unless there is
57	57	created a duplication in numbering, reads as follows:
58	58	A. As used in this act, "public use" means:
59	59	1. The possession, occupation, ownership, and enjoyment of land
60	60	by the general public, or by a government en tity for use as a public
61	61	highway, road, easement or a right -of-way, public building, public
62	62	cemetery, public park, or other uses authorized in Section 5 of
63	63	Title 27 of the Oklahoma Statutes;
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90	90	2. The possession, occupation, and ownership of land for
91	91	operations of a public utility or private entity authorized by
92	92	statute that serves the general public;
93	93	3. The remediation of a blighted property; or
94	94	4. The possession of an abandoned property.
95	95	B. Private property may not be taken or damaged by a condemning
96	96	authority unless the taking or damage is necessary for a public use
97	97	and with just compensation. The public purpose or public benefit of
98	98	economic development, including an increase in tax base, tax
99	99	revenues, employment, or general economic health, alone does not
100	100	constitute a public use.
101	101	C. Nothing in subsection B of this section shall be construed
102	102	to prohibit a taking of private property for public use as defined
103	103	in subsection A of this section because the public use also provides
104	104	ancillary economic benefits.
105	105	D. A governmental body subordinate to the state may not
106	106	exercise, create, ex tend, or expand a power of eminent domain in the
107	107	absence of statutory authority. Additional procedures, remedies, or
108	108	limitations that do not deny or diminish the substantive and
109	109	procedural rights and protections of property owners under this
110	110	section may be provided by other law, ordinance, or charter.
111	111	E. Nothing in this section shall be construed to apply to the
112	112	abatement of any public nuisance authorized under state law.
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139	139	F. The actions and determinations of the condemnation are
140	140	subject to judicial revie w in a court proceeding.
141	141	SECTION 2. AMENDATORY 27 O.S. 2021, Section 5, is
142	142	amended to read as follows:
143	143	Section 5. Any county, city, town, township, sch ool district,
144	144	or board of education, or any board or official having charge of
145	145	cemeteries created and existing under the laws of this state, shall
146	146	have power to condemn lands in like manner as railroad companies,
147	147	for highways, rights -of-way, building sites, cemeteries, public
148	148	parks and other public purposes uses.
149	149	SECTION 3. AMENDATORY 27 O.S. 2021, Section 17, is
150	150	amended to read as follows:
151	151	Section 17. A. In the event that a portion of the total amount
152	152	of real property taken by e minent domain under the procedures set
153	153	forth in Title 27 of the Oklahoma Statutes this title for a public
154	154	purpose use as described in Section 9 of Title 27 of the Oklahoma
155	155	Statutes this title is not used for the purposes uses for which it
156	156	was condemned or for another public use by the agency or other
157	157	entity which acquired the real p roperty, the portion of the real
158	158	property that is not used shall be declared surplus and shall be
159	159	first offered for resale to the person from whom the property was
160	160	taken or the heirs of the person at the appraised value or the
161	161	original price at which the acquiring agency or entity purchased
162	162	that portion of the property, whichever is less.
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189	189	B. For purposes of complying with subsection A of this section,
190	190	the agency or entity which a cquired the real property by
191	191	condemnation shall notify the former landowner of the right of first
192	192	refusal by sending notice by certified mail, return receipt
193	193	requested, to the last -known address of the person as provided by
194	194	the person. If the mail is retu rned as not subject to delivery or
195	195	the former landowner is deceased, notice of the right of first
196	196	refusal shall be provided by publication in a newspaper of general
197	197	circulation in the community where the real property is located.
198	198	The notice shall contain the name of the former landowner and a
199	199	legal description of the surplus proper ty. If the offer to
200	200	repurchase is not accepted within ninety (90) days from the date of
201	201	notice or if the offer to repurchase is not accepted from the date
202	202	the resale price on th e property is determined, the property may
203	203	then be sold at public sale.
204	204	C. This section shall not apply to conveyances for
205	205	redevelopment under Sections 38 -101 through 38-123 of Title 11 of
206	206	the Oklahoma Statutes.
207	207	SECTION 4. This act shall become effective November 1, 2025.
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209	209	60-1-10567 JL 12/16/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1233 Compare Versions