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SENATE FLOOR VERSION
April 24, 2025
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2622 By: Harris of the House
and
Gollihare of the Senate
An Act relating to nuisances; amending 50 O.S. 2021,
Sections 2, 8, 10, and 21, which relate to public
nuisances, remedies, and civil action; prohibiting
certain acts from being deemed public nuisance;
clarifying applicable remedies in certain civil
actions; requiring certain determination for
liability in certain action; requiring determination
of proximate cause for maintenance of certain action;
specifying certain unlawful acts as public nuisance;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 50 O.S. 2021, Sec tion 2, is
amended to read as follows:
Section 2. A public nuisance is one which affects at the same
time an entire community or neighborhood, or any considerable number
of persons, although the extent of the annoyance or damage inflicted
upon the individuals may be unequal. The manufacturing, marketing,
and selling of lawful products shall not be deemed a public
nuisance.
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SECTION 2. AMENDATORY 50 O.S. 2021, Section 8, is
amended to read as follows:
Section 8. A. The remedies against a public nuisance are:
1. Indictment or information , or;
2. A civil action, or seeking injunctive or other equitable
relief; or
3. Abatement;.
B. To be found liable in an action for public nuisance, the
defendant in such an action must be determ ined by the court to have
been in control of the conditions giving rise to the nuisance at the
time of injury.
SECTION 3. AMENDATORY 50 O.S. 2021, Section 10, is
amended to read as follows:
Section 10. A private person may mainta in an action for a
public nuisance if it the court determines by clear and convincing
evidence that the nuisance is specially injurious the proximate
cause of special injury to himself the private person, but not
otherwise.
SECTION 4. AMENDATORY 50 O.S. 2021, Section 21, is
amended to read as follows:
Section 21. The repeated use of any real property or struc ture
thereon to commit unlawful drug distribution, prostitution, human
trafficking, or sex trafficking acts which result in a felony
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conviction under the Oklahoma Uniform Controlled Dangerous
Substances Act may shall constitute a public nuisance.
SECTION 5. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON RULES
April 24, 2025 - DO PASS AS AMENDED BY CS