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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2290 By: Hilbert and West (Kevin)
AS INTRODUCED
An Act relating to eminent domain; defining terms;
prohibiting taking of private property unless for
certain uses and with compensation; requiring court
to strictly construe certain provisions; prohibiting
expansion of eminent domain powers absent statutory
authority; providing exception; amending 27 O.S.
2021, Sections 5 and 17, which relate to local
governments and resa le of surplus property;
conforming language; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 41 of Title 27, unless there is
created a duplication in numbering, reads as follows:
For the purposes of this act:
1. "Abandoned property" means either of the following:
a. a property that has been substantially unoccupied or
unused for any commercial or residential purpose for
at least one (1) year by a person with a legal or
equitable right to occupy the property that has been
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cited as a public nuisance in violation of a housing,
maintenance, building, or property code whi ch has not
been remedied within a reasonable time of not less
than thirty (30) days to cure the noncompliance, and
has had a public hearing made available to the
property owner. The notice of public hearing shall
advise the property owner of the hearing 's location,
date, and time. The hearing shall be within a
reasonable time of n ot less than thirty (30) days
after the time to cure the non -compliance ends, or
b. a property for which property taxes have not been paid
for at least two (2) years;
2. "Blighted property" means a structure that was inspected by
the appropriate government entity, cited for one or more enforceable
housing, maintenance, building, or property code violations which by
reason of dilapidation, deterioration, age, or obsolescence of th e
structure threatens the health and safety of the occupants or the
public, has not been remedied within a reasonable time of not less
than thirty (30) days to cure the noncompliance, has had a public
hearing made available to the property owner, and the a gency or
entity that wished to acquire the property by condemnation
determined at the public hearing that reasonable progress toward
curing the cited violation has not been made. The notice of the
public hearing shall advise the property owner of the hear ing's
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location, date, and time. The public hearing shall be within a
reasonable time of not less than thirty (30) days after the time to
cure the non-compliance ends; and
3. "Public use" means:
a. the possession, occupation, ownership, and enjoyment
of the land by the general public, or by a government
entity for use as a public highway, road, easement or
a right-of-way, public building, public cemetery,
public park, or other uses authorized in Section 5 of
Title 27 of the Oklahoma Statutes,
b. the possession, occupation, and ownership of land for
operations of a public utility aut horized by statute
that serves the general public in Oklahoma,
c. the remediation of a blighted property, or
d. the possession of an abandoned property.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 42 of Title 27, unless there is
created a duplication in numbering, reads as follows:
A. Private property may not be taken or damaged by a condemning
authority unless the taking or damage is necessary for a public use
and with just compensatio n. The public purpose or public benefit of
economic development, including an increase in tax base, tax
revenues, employment, or general economic health, does not
constitute a public use.
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B. Nothing in subsection A of this section shall be construed
to prohibit a taking of private property for public use as defined
in subparagraphs a, b, c, and d of paragraph 3 of Section 3 of this
act because the public use also provides ancill ary economic
benefits.
C. A governmental body subordinate to the state may no t
exercise, create, extend, or expand a power of eminent domain in the
absence of statutory authority. Additional procedures, remedies, or
limitations that do not deny or dimini sh the substantive and
procedural rights and protections of property owners under this
section may be provided by other law, ordinance, or charter.
D. Nothing in this section shall be construed to apply to the
abatement of any public nuisance authorized u nder state law.
E. The actions and determinations of the condemnation are
subject to judicial review in a court proceeding.
SECTION 3. AMENDATORY 27 O.S. 2021, Section 5, is
amended to read as follows:
Any county, city, town, tow nship, school district, or board of
education, or any board or official having charge of cemeteries
created and existing under the laws of this state, shall have power
to condemn lands in like manner as railroad companies, for highways,
rights-of-way, building sites, cemeteries, public parks and other
public purposes uses.
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SECTION 4. AMENDATORY 27 O.S. 2021, Section 17, is
amended to read as follows:
A. In the event that a portion of the total amount of real
property taken by emi nent domain under the procedures set forth in
Title 27 of the Oklahoma Statutes this title for a public purpose
use as described in Section 9 of Title 27 of the Oklahoma Statutes
this title is not used for the purposes uses for which it was
condemned or for another public use by the agency or other entity
which acquired the real pro perty, the portion of the real property
that is not used shall be declared surplus and shall be first
offered for resale to the person from whom the property was taken or
the heirs of the person at the appraised value or the original price
at which the acquiring agency or entity purchased that portion of
the property, whichever is less.
B. For purposes of complying with subsection A of this section,
the agency or entity which acq uired the real property by
condemnation shall notify the former landowner of t he right of first
refusal by sending notice by certified mail, return receipt
requested, to the last -known address of the person as provided by
the person. If the mail is return ed as not subject to delivery or
the former landowner is deceased, notice of the right of first
refusal shall be provided by publication in a newspaper of general
circulation in the community where the real property is located.
The notice shall contain th e name of the former landowner and a
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legal description of the surplus property . If the offer to
repurchase is not accepted within ninety (90) days from the date of
notice or if the offer to repurchase is not accepted from the date
the resale price on the property is determined, the property may
then be sold at public sale.
C. This section shall not apply to conveyances for
redevelopment under Sections 38 -101 through 38-123 of Title 11 of
the Oklahoma Statutes.
SECTION 5. This act shall be come effective November 1, 2025.
60-1-11632 JL 01/13/25