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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 969 By: Standridge
AS INTRODUCED
An Act relating to turnpikes; amending 69 O.S. 2021,
Section 1707, which relates to the acquisition of
lands; requiring the Oklahoma Turnpike Authority to
compensate certain property owners for certain
damages; requiring the Oklahoma Turnpike Authority to
acquire certain properties upon the request of
property owners; providing process for acquisition of
certain properties; defining ter m; updating statutory
language; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1707, is
amended to read as follows:
Section 1707. A. The Oklahoma Turnpike Authority is hereby
authorized and empowered to acquire , by purchase, or condemnation,
land or such interest therein as in its discretion may be necessary
for the purpose of establishing, constructing, maintaining , and
operating turnpike projects or relocation thereof, and facilities
necessary and incident thereto , or necessary in the restoration of
public or private property damaged or destroyed, including borrow
areas, detours, channel changes, concession areas, public or private
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access roads, and deposits of rock, gravel, sand , and other road
building material for use in turnpike construction and maintenance,
upon such terms and at such price as may be considered by it to be
reasonable and can be agreed upon between the Authority and th e
owner thereof, and to take title thereto in the name of the
Authority,; provided, that such right and title shall be limited to
the surface rights only and shall not include oil or other mineral
rights.
B. Groundwater rights may be severed from surface rights, upon
the written request of the owner of land to be acquired; however, an
owner of groundwater rights shall not have a right of access to the
Authority’s acquired surface rights. No person may construct,
maintain, or operate any water well, drilli ng equipment, or lines on
or under the surface acquired by the Authority witho ut express
written approval of the Authority.
C. A property owner with property abutting a turnpike project
shall be compensated for damage to the property caused by the
turnpike project, whether directly or indirectly. Compensation
shall be made in the form of correction of the damage, monetary
compensation for the devaluation of the property, or, at the request
of the property owner, acquisition of the property for the fair
market value of the property prior to the damage plus all costs of
relocation incurred by the property owner.
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D. 1. The Authority shall be required to acquire, at the
request of a property owner whose property abuts a turnpike project,
the real property ab utting any right-of-way property acquired for a
turnpike project, up to and including one thousand (1,000) feet from
the boundary of the right -of-way acquired for the project.
2. At the time the Authority commences the process of any
right-of-way acquisition for all or a portion of a turnpike project,
whether by way of voluntary pu rchase or condemnation, the Authority
shall provide written notice, via certified and first -class mail, of
the intended right-of-way acquisition to all owners of real property
abutting the right-of-way to be acquired for the project. The
written notice shall include a statement that the property owners
may request compensation for or acquisition of their real property
abutting the right-of-way acquired for the turnpike project, u p to
and including one thousand (1,000) feet from the boundary of the
right-of-way acquired for the project. The notice shall include a
mailing address to which owners may submit a written request for
compensation for or acquisition of abutting property.
3. Any property owner requesting compensation for abutting
property shall make such request to the Authority in writing, via
certified and first-class mail, no later than twenty (20) days after
the receipt of the notice. Upon receipt of a valid request f or
compensation for abutting real property, the Authority shall proceed
to make a good-faith offer of compensation, and further, shall
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negotiate in good faith with the abutting property owner to reach an
agreement for compensation. If the parties fail to agree upon the
amount of such compensation within one hundred eighty (180) days of
the date on which the property owner made such request, the
Authority shall, within ninety (90) days, commence an action in the
district court where the real property is loc ated for a
determination and award to the property owner of such compensation.
Either party to the action shall be entitled to a trial by jury. If
the award of compensation in any such action exceeds the Authority’s
last best offer to the property owner by ten percent (10%) or more,
the property owner shall be entitled to reasonable attorney fees,
appraisal fees, and expert witness fees incurred in the action.
4. Any property owner requesting acquisition of abutting
property shall make such request to th e Authority in writing, via
certified and first-class mail, no later than twen ty (20) days after
the date of receipt of the notice. Upon receipt of a valid request
for acquisition of abutting real property, the Authority shall
proceed with the acquisition in the same manner and on the same
legal terms and conditions as the acquisition of a right -of-way for
the turnpike project.
E. As used in this section, “damage” means a negative impact to
the access, air, light, view, enjoyment, or monetary value of a
property.
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SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its p assage and approval.
60-1-359 MSBB 1/16/2025 1:23:21 PM