Oklahoma 2025 Regular Session

Oklahoma House Bill HB1496 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1496 Page 1 1
	3	+	HB1496 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1496 By: Hall and Tedford of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32		-	~~and~~
	31	+	STATE OF OKLAHOMA
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34		-	Guthrie of the Senate
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	HOUSE BILL 1496 By: Hall and Tedford
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	41	+	AS INTRODUCED
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42	43		An Act relating to cities and towns; amending 11 O.S.
43	44		2021, Section 44-110, which relates to appeals from
44	45		the board of adjustment; permitting certain
45	46		municipalities to provide that decisions of the board
46	47		are final subject to judicial review or appeal to the
47	48		council; and providing an effective date.
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52	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	54		SECTION 1. AMENDATORY 11 O.S. 2021, Section 44 -110, is
54	55		amended to read as follows:
55	56		Section 44-110. A. An appeal from any action, decision,
56	57		ruling, judgment or order of the board of adjustment may be taken by
57	58		any person or persons who were entitled, pursuant to Section 44 -108
58	59		of this title, to mailed notice of the public hearing before the
59	60		board of adjustment, by any person or persons whose property
60	61		interests are directly affected by such action, decision, ruling,
61	62		judgment or order of the board of adjustment, or by the governing
62	63		body of the municipality to the district court in the county in
63	64		which the situs of the municipality is located.
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65		-	ENGR. H. B. NO. 1496 Page 2 1
	66	+	HB1496 HFLR Page 2
	67	+	BOLD FACE denotes Committee Amendments. 1
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90	92		B. The appeal shall be taken by filing with the municipal clerk
91	93		and with the clerk of the board of adjustment, within the time
92	94		limits which may be fixed by ordinance, a notice of appeal. The
93	95		notice shall specify the grounds for the appeal. No bond or deposit
94	96		for costs shall be required for such appeal.
95	97		C. Upon filing the notice of appeal, the board of adjustment
96	98		shall forthwith transmit to the court clerk the original, or
97	99		certified copies, of all papers constituting the record in the case,
98	100		together with the order, decision or ruling of the board.
99	101		D. The appeal shall be h eard and tried de novo in the district
100	102		court. All issues in any proceedings under this section shall have
101	103		preference over all other civil actions and proceedings.
102	104		E. During the pendency of such an appeal, the effectiveness of
103	105		a decision of the board of a djustment shall not be suspended unless
104	106		a party applies to the district court for a stay pending the
105	107		district court's determination of the merits of the appeal. Notice
106	108		of such application shall be given by first class mail to all
107	109		parties, to the district court appeal and to any applicant before
108	110		the board of adjustment. Upon filing of an application for stay in
109	111		the district court, all proceedings in furtherance of the action
110	112		appealed from shall be temporarily stayed pending the outcome of a
111	113		hearing regarding the stay, which shall be conducted within thirty
112	114		(30) days of application. The Court shall determine whether to
113	115		impose a stay by considering the following factors: (i) the
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115		-	ENGR. H. B. NO. 1496 Page 3 1
	117	+	HB1496 HFLR Page 3
	118	+	BOLD FACE denotes Committee Amendments. 1
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140	143		likelihood of success on the merits by the party seeking to impose
141	144		the stay, (ii) irreparable harm to the property interests of the
142	145		party seeking to impose the stay if the stay is not imposed, (iii)
143	146		relative effect on the other interested parties, and (iv) public
144	147		policy concerns arising out of the imposition of the stay. If the
145	148		court determines to impose a stay, the court shall require a bond or
146	149		other security and such other terms as it deems proper to secure the
147	150		rights of the parties and compensate for costs of delay. A bond or
148	151		other security shall be posted within ten (10) business days of the
149	152		court's determination; provided, that a municipal governing body
150	153		shall not be required to post a bond. Subject to subsection A of
151	154		Section 990.3 of Title 12 of the Oklahoma Statutes, a stay pursuant
152	155		to this subsection shall automatically disso lve after a judgment,
153	156		decree or final order resolving the merits of the appeal is filed
154	157		with the court clerk. Notwithstanding any provision of law to the
155	158		contrary, stays in appeals from the board of adjustment to the
156	159		district court shall be obtained only as set forth in this section.
157	160		F. The district court may reverse or affirm, wholly or partly,
158	161		or modify the decision brought up for review. Costs shall not be
159	162		allowed against the board of adjustment unless it shall appear to
160	163		the district court that the bo ard acted with gross negligence or in
161	164		bad faith or with malice in making the decision appealed from. An
162	165		appeal shall lie from the action of the district court as in all
163	166		other civil actions. A party may obtain a stay of the enforcement
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165		-	ENGR. H. B. NO. 1496 Page 4 1
	168	+	HB1496 HFLR Page 4
	169	+	BOLD FACE denotes Committee Amendments. 1
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190	194		of the district court's judgment, decree or final order as provided
191	195		by Section 990.4 of Title 12 of the Oklahoma Statutes.
192	196		G. In any municipality where the council does not serve as the
193	197		board, the governing body may, except as otherwise provided by
194	198		charter, provide that the decisions of the board on matters within
195	199		its jurisdiction are final subject to judicial review or are final
196	200		subject to appeal to the council and the right of later judicial
197	201		review or are advisory to the council.
198	202		SECTION 2. This act shall become effective November 1, 2025.
199		-	Passed the House of Representatives th e 12th day of March, 2025.
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204		-	Presiding Officer of the House
205		-	of Representatives
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209		-	Passed the Senate the ___ day of __________, 2025.
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214		-	Presiding Officer of the Senate
	204	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
	205	+	OVERSIGHT, dated 02/27/2025 – DO PASS.