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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 2290 By: Hilbert and West (Kevin)
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38	38	AS INTRODUCED
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41	41	An Act relating to eminent domain; defining terms;
42	42	prohibiting taking of private property unless for
43	43	certain uses and with compensation; requiring court
44	44	to strictly construe certain provisions; prohibiting
45	45	expansion of eminent domain powers absent statutory
46	46	authority; providing exception; amending 27 O.S.
47	47	2021, Sections 5 and 17, which relate to local
48	48	governments and resa le of surplus property;
49	49	conforming language; providing for codification; and
50	50	providing an effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new section of law to be codified
58	58	in the Oklahoma Statutes as Section 41 of Title 27, unless there is
59	59	created a duplication in numbering, reads as follows:
60	60	For the purposes of this act:
61	61	1. "Abandoned property" means either of the following:
62	62	a. a property that has been substantially unoccupied or
63	63	unused for any commercial or residential purpose for
64	64	at least one (1) year by a person with a legal or
65	65	equitable right to occupy the property that has been
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92	92	cited as a public nuisance in violation of a housing,
93	93	maintenance, building, or property code whi ch has not
94	94	been remedied within a reasonable time of not less
95	95	than thirty (30) days to cure the noncompliance, and
96	96	has had a public hearing made available to the
97	97	property owner. The notice of public hearing shall
98	98	advise the property owner of the hearing 's location,
99	99	date, and time. The hearing shall be within a
100	100	reasonable time of n ot less than thirty (30) days
101	101	after the time to cure the non -compliance ends, or
102	102	b. a property for which property taxes have not been paid
103	103	for at least two (2) years;
104	104	2. "Blighted property" means a structure that was inspected by
105	105	the appropriate government entity, cited for one or more enforceable
106	106	housing, maintenance, building, or property code violations which by
107	107	reason of dilapidation, deterioration, age, or obsolescence of th e
108	108	structure threatens the health and safety of the occupants or the
109	109	public, has not been remedied within a reasonable time of not less
110	110	than thirty (30) days to cure the noncompliance, has had a public
111	111	hearing made available to the property owner, and the a gency or
112	112	entity that wished to acquire the property by condemnation
113	113	determined at the public hearing that reasonable progress toward
114	114	curing the cited violation has not been made. The notice of the
115	115	public hearing shall advise the property owner of the hear ing's
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142	142	location, date, and time. The public hearing shall be within a
143	143	reasonable time of not less than thirty (30) days after the time to
144	144	cure the non-compliance ends; and
145	145	3. "Public use" means:
146	146	a. the possession, occupation, ownership, and enjoyment
147	147	of the land by the general public, or by a government
148	148	entity for use as a public highway, road, easement or
149	149	a right-of-way, public building, public cemetery,
150	150	public park, or other uses authorized in Section 5 of
151	151	Title 27 of the Oklahoma Statutes,
152	152	b. the possession, occupation, and ownership of land for
153	153	operations of a public utility aut horized by statute
154	154	that serves the general public in Oklahoma,
155	155	c. the remediation of a blighted property, or
156	156	d. the possession of an abandoned property.
157	157	SECTION 2. NEW LAW A new section of law to be codified
158	158	in the Oklahoma Statutes as Section 42 of Title 27, unless there is
159	159	created a duplication in numbering, reads as follows:
160	160	A. Private property may not be taken or damaged by a condemning
161	161	authority unless the taking or damage is necessary for a public use
162	162	and with just compensatio n. The public purpose or public benefit of
163	163	economic development, including an increase in tax base, tax
164	164	revenues, employment, or general economic health, does not
165	165	constitute a public use.
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192	192	B. Nothing in subsection A of this section shall be construed
193	193	to prohibit a taking of private property for public use as defined
194	194	in subparagraphs a, b, c, and d of paragraph 3 of Section 3 of this
195	195	act because the public use also provides ancill ary economic
196	196	benefits.
197	197	C. A governmental body subordinate to the state may no t
198	198	exercise, create, extend, or expand a power of eminent domain in the
199	199	absence of statutory authority. Additional procedures, remedies, or
200	200	limitations that do not deny or dimini sh the substantive and
201	201	procedural rights and protections of property owners under this
202	202	section may be provided by other law, ordinance, or charter.
203	203	D. Nothing in this section shall be construed to apply to the
204	204	abatement of any public nuisance authorized u nder state law.
205	205	E. The actions and determinations of the condemnation are
206	206	subject to judicial review in a court proceeding.
207	207	SECTION 3. AMENDATORY 27 O.S. 2021, Section 5, is
208	208	amended to read as follows:
209	209	Any county, city, town, tow nship, school district, or board of
210	210	education, or any board or official having charge of cemeteries
211	211	created and existing under the laws of this state, shall have power
212	212	to condemn lands in like manner as railroad companies, for highways,
213	213	rights-of-way, building sites, cemeteries, public parks and other
214	214	public purposes uses.
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242	242	SECTION 4. AMENDATORY 27 O.S. 2021, Section 17, is
243	243	amended to read as follows:
244	244	A. In the event that a portion of the total amount of real
245	245	property taken by emi nent domain under the procedures set forth in
246	246	Title 27 of the Oklahoma Statutes this title for a public purpose
247	247	use as described in Section 9 of Title 27 of the Oklahoma Statutes
248	248	this title is not used for the purposes uses for which it was
249	249	condemned or for another public use by the agency or other entity
250	250	which acquired the real pro perty, the portion of the real property
251	251	that is not used shall be declared surplus and shall be first
252	252	offered for resale to the person from whom the property was taken or
253	253	the heirs of the person at the appraised value or the original price
254	254	at which the acquiring agency or entity purchased that portion of
255	255	the property, whichever is less.
256	256	B. For purposes of complying with subsection A of this section,
257	257	the agency or entity which acq uired the real property by
258	258	condemnation shall notify the former landowner of t he right of first
259	259	refusal by sending notice by certified mail, return receipt
260	260	requested, to the last -known address of the person as provided by
261	261	the person. If the mail is return ed as not subject to delivery or
262	262	the former landowner is deceased, notice of the right of first
263	263	refusal shall be provided by publication in a newspaper of general
264	264	circulation in the community where the real property is located.
265	265	The notice shall contain th e name of the former landowner and a
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292	292	legal description of the surplus property . If the offer to
293	293	repurchase is not accepted within ninety (90) days from the date of
294	294	notice or if the offer to repurchase is not accepted from the date
295	295	the resale price on the property is determined, the property may
296	296	then be sold at public sale.
297	297	C. This section shall not apply to conveyances for
298	298	redevelopment under Sections 38 -101 through 38-123 of Title 11 of
299	299	the Oklahoma Statutes.
300	300	SECTION 5. This act shall be come effective November 1, 2025.
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302	302	60-1-11632 JL 01/13/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2290 Compare Versions