HB 1233 — Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

Bill Text

• Introduced View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies eminent domain laws in Oklahoma, defining public use more restrictively and clarifying the conditions under which private property can be taken.

• 27 O.S. 2021, Section 5

  public purposes uses. → public purposes.

  Clarifies the language used in defining the purposes for which property can be condemned.

• 27 O.S. 2021, Section 17

  public purpose use as described in Section 9 of Title 27 of the Oklahoma Statutes this title → public purpose as described in Section 9 of Title 27 of the Oklahoma Statutes

  Standardizes the terminology relating to public purpose in the context of eminent domain.

• 27 O.S. 2021, Section 17

  for the purposes uses for which it was condemned → for the purposes for which it was condemned

  Corrects redundancy in the legal text regarding the use of condemned property.

• As used in this act, "public use" means: 1. The possession, occupation, ownership, and enjoyment of 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; 2. The possession, occupation, and ownership of land for operations of a public utility or private entity authorized by statute that serves the general public; 3. The remediation of a blighted property; or 4. The possession of an abandoned property.

  Introduces a new definition for public use, expanding the criteria under which property can be taken.

• 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 compensation. The public purpose or public benefit of economic development, including an increase in tax base, tax revenues, employment, or general economic health, alone does not constitute a public use.

  Prohibits the taking of property for merely economic development purposes without meeting the defined public use criteria.

• Nothing in subsection B of this section shall be construed to prohibit a taking of private property for public use as defined in subsection A of this section because the public use also provides ancillary economic benefits.

  Clarifies that public use can include ancillary economic benefits while still adhering to the stricter definitions.

• A governmental body subordinate to the state may not exercise, create, extend, or expand a power of eminent domain in the absence of statutory authority.

  Restricts local governments from exercising eminent domain powers without explicit statutory permission.

• The actions and determinations of the condemnation are subject to judicial review in a court proceeding.

  Ensures that the process and decisions made during condemnation can be challenged in court.

Action History

1. February 04, 2025

   Second Reading referred to Rules

2. February 03, 2025

   Authored by Representative West (Kevin)

3. February 03, 2025

   First Reading

Sponsors

• Kevin West · Primary

Subjects