1| STATE OF OKLAHOMA |
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2| 1st Session of the 60th Legislature (2025) |
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3|HOUSE BILL 1233 By: West (Kevin) |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to eminent domain; defining term; |
| prohibiting taking of private property unless for |
8| certain uses and with compensation; requiring court |
| to strictly construe certain provisions; prohibiting |
9| expansion of eminent domain powers absent statutory |
| authority; providing exception; amending 27 O.S. |
10| 2021, Sections 5 and 17, which relate to local |
| governments and resale of surplus property; |
11| conforming language; providing for codification; and |
| providing an effective date. |
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13| |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. NEW LAW A new section of law to be codified |
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16|in the Oklahoma Statutes as Section 41 of Title 27, unless there is |
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17|created a duplication in numbering, reads as follows: |
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18| A. As used in this act, "public use" means: |
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19| 1. The possession, occupation, ownership, and enjoyment of land |
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20|by the general public, or by a government entity for use as a public |
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21|highway, road, easement or a right-of-way, public building, public |
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22|cemetery, public park, or other uses authorized in Section 5 of |
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23|Title 27 of the Oklahoma Statutes; |
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1| 2. The possession, occupation, and ownership of land for |
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2|operations of a public utility or private entity authorized by |
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3|statute that serves the general public; |
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4| 3. The remediation of a blighted property; or |
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5| 4. The possession of an abandoned property. |
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6| B. Private property may not be taken or damaged by a condemning |
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7|authority unless the taking or damage is necessary for a public use |
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8|and with just compensation. The public purpose or public benefit of |
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9|economic development, including an increase in tax base, tax |
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10|revenues, employment, or general economic health, alone does not |
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11|constitute a public use. |
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12| C. Nothing in subsection B of this section shall be construed |
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13|to prohibit a taking of private property for public use as defined |
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14|in subsection A of this section because the public use also provides |
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15|ancillary economic benefits. |
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16| D. A governmental body subordinate to the state may not |
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17|exercise, create, extend, or expand a power of eminent domain in the |
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18|absence of statutory authority. Additional procedures, remedies, or |
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19|limitations that do not deny or diminish the substantive and |
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20|procedural rights and protections of property owners under this |
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21|section may be provided by other law, ordinance, or charter. |
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22| E. Nothing in this section shall be construed to apply to the |
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23|abatement of any public nuisance authorized under state law. |
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1| F. The actions and determinations of the condemnation are |
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2|subject to judicial review in a court proceeding. |
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3| SECTION 2. AMENDATORY 27 O.S. 2021, Section 5, is |
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4|amended to read as follows: |
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5| Section 5. Any county, city, town, township, school district, |
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6|or board of education, or any board or official having charge of |
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7|cemeteries created and existing under the laws of this state, shall |
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8|have power to condemn lands in like manner as railroad companies, |
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9|for highways, rights-of-way, building sites, cemeteries, public |
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10|parks and other public purposes uses. |
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11| SECTION 3. AMENDATORY 27 O.S. 2021, Section 17, is |
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12|amended to read as follows: |
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13| Section 17. A. In the event that a portion of the total amount |
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14|of real property taken by eminent domain under the procedures set |
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15|forth in Title 27 of the Oklahoma Statutes this title for a public |
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16|purpose use as described in Section 9 of Title 27 of the Oklahoma |
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17|Statutes this title is not used for the purposes uses for which it |
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18|was condemned or for another public use by the agency or other |
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19|entity which acquired the real property, the portion of the real |
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20|property that is not used shall be declared surplus and shall be |
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21|first offered for resale to the person from whom the property was |
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22|taken or the heirs of the person at the appraised value or the |
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23|original price at which the acquiring agency or entity purchased |
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24|that portion of the property, whichever is less. |
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1| B. For purposes of complying with subsection A of this section, |
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2|the agency or entity which acquired the real property by |
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3|condemnation shall notify the former landowner of the right of first |
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4|refusal by sending notice by certified mail, return receipt |
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5|requested, to the last-known address of the person as provided by |
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6|the person. If the mail is returned as not subject to delivery or |
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7|the former landowner is deceased, notice of the right of first |
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8|refusal shall be provided by publication in a newspaper of general |
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9|circulation in the community where the real property is located. |
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10|The notice shall contain the name of the former landowner and a |
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11|legal description of the surplus property. If the offer to |
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12|repurchase is not accepted within ninety (90) days from the date of |
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13|notice or if the offer to repurchase is not accepted from the date |
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14|the resale price on the property is determined, the property may |
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15|then be sold at public sale. |
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16| C. This section shall not apply to conveyances for |
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17|redevelopment under Sections 38-101 through 38-123 of Title 11 of |
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18|the Oklahoma Statutes. |
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19| SECTION 4. This act shall become effective November 1, 2025. |
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21| 60-1-10567 JL 12/16/24 |
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