Oklahoma 2026 Regular Session Status: In Committee 2 R cosponsors

HB 3758 — Eminent domain; just compensation; definition; enhanced compensation; comparable-replacement standard; partial taking compensation; prohibitions; non-waiver protection; effective date.

Last action — Recommendation to the full committee; Do Pass, amended by committee substitute Appropriations and Budget Transportation Subcommittee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced February 02, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

87 added · 82 removed

Plain-language change summary

The amendments to House Bill 3758 introduce changes to how just compensation is determined when private property is taken for public use under eminent domain. Notably, the bill now includes exceptions for certain situations and specifies how to calculate fair market value and offsets for any damage that does not involve taking the entire property. This matters because it aims to provide clearer guidelines and protections for property owners, ensuring they receive fair compensation while also balancing the needs of public projects.

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Previous
Latest
HB3758 POLPCS1 Danny Sterling-JL 2/9/2026 3:52:34 pm COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER:
STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) SUBCOMMITTEE RECOMMENDATION FOR HOUSE BILL NO.
CHAIR:
I move to amend HB3758 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language:
AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by:
Danny Sterling Adopted:
_____________________________ ______________________Reading Clerk___ STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) PROPOSED POLICY COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
Sterling 6 8 PROPOSED POLICY COMMITTEE SUBSTITUTE An Act relating to eminent domain;
Sterling 6 SUBCOMMITTEE RECOMMENDATION An Act relating to eminent domain;
2024, Section 27-16, which relates to just compensation;
2021, Section 16, which relates to just compensation;
modifying the definition of just compensation;
providing for an exception;
providing enhanced compensation;
determining such exception;
providing a comparable-replacement standard;
proving for certain monetary determinations;
clarifying partial-taking compensation;
allowing for certain offsets;
allowing for certain partial takings;
determining certain calculations for fair market value;
providing valuation-date standards;
providing valuation- date standards;
In every case wherein private property is taken or damaged for public use, the person whose property is taken or damaged shall be entitled to just compensation.
In every case wherein private property is taken or damaged for public use, except as determined in subsection C, the person whose property is taken or damaged shall be entitled to just compensation.
1.
"Just compensation", as used in subsection A of this section, shall mean the value of the property taken, and in addition, any injury to any part of the property not taken.
"Just compensation", as used in subsection A of this section, shall mean the value of the property taken, and in addition, any injury to any part greater of the property not taken:
Any Req.
Req.
16088 Page 1 a.
16402 Page 1 special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken.
If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole tract immediately before the taking and the fair market value of that portion left remaining immediately after the taking.
C.
1.
In cases wherein private property is taken or damaged for public use by the state to build new state infrastructure or buildings, the person whose property is taken or damaged shall be entitled to the greater of:
a.
"Comparable replacement property" means property of similar size, location, use, utility, access, zoning, and improvements suitable for the owner's needs.
Comparable replacement property shall mean property of similar size, location, use, utility, access, zoning, and improvement suitable for the owner's needs.
If no such comparable property exists within the community, compensation shall reflect the cost of a substantially similar property in the nearest comparable community.
If no such comparable property exists within the community, compensation shall reflect the cost of substantially similar property in the nearest comparable community.
Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken and only when such benefit is specific, direct, measurable, and proven by a preponderance of the evidence.
Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not Req.
No.
16402 Page 2 taken and only when such benefit is specific, direct, measurable, and proven by clear and convincing evidence.
If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole tract immediately before the taking and the fair market value of that portion left remaining immediately after the taking;
If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of that portion left remaining immediately after the taking;
provided, however, the compensation attributable to the part actually taken shall be determined in accordance with the enhanced- compensation requirements of this subsection.
provided, however, the compensation attributable to the part actually taken shall be determined in accordance with the enhanced compensation requirements of this subsection.
Req.
4.
For purposes of determining the compensation required under this section, including the calculation of fair market value and any enhanced compensation required under this subsection:
a.
fair market value shall not be reduced or discounted in value due to project influence, pre-condemnation activity, threatened condemnation, or any diminution caused by the proposed public improvement, and b.
if the fair market value of the property on the date of the taking exceeds the fair market value determined under subparagraph a of this paragraph, the higher fair market value shall be used.
5.
The rights and compensation standards established by this section are mandatory and shall not be waived or reduced by any acquiring state agency or state condemning authority.
No owner shall be required to waive the protections of this section as a Req.
Show all 51 changed rows (11 more)
Previous
Latest
16088 Page 2 C.
16402 Page 3 condition of negotiations, settlement, administrative agreement, or voluntary conveyance.
For purposes of determining the compensation required under this section, including the calculation of fair market value and any enhanced compensation required under subsection B of this section:
1.
Fair market value shall not be reduced or discounted due to project influence, pre-condemnation activity, threatened condemnation, or any diminution caused by the proposed public improvement;
and 2.
If the fair market value of the property on the date of the taking exceeds the fair market value determined under paragraph 1 of this subsection, the higher fair market value shall be used.
D.
The rights and compensation standards established by this section are mandatory and shall not be waived or reduced by any acquiring agency, condemning authority, or political subdivision of this state.
No owner shall be required to waive the protections of this section as a condition of negotiation, settlement, administrative agreement, or voluntary conveyance.
60-2-16088 JL 02/04/26 Req.
5 60-2-16402 JBH 02/16/26 7 9 Req.
16088 Page 3
16402 Page 4
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How this bill changes current law

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

The bill revises just compensation standards for property taken for public use, particularly enhancing compensation for properties taken for state infrastructure projects.

  • 27 O.S. 2021, Section 16

    the person whose property is taken or damaged shall be entitled to just compensation. → the person whose property is taken or damaged shall be entitled to the greater of: one hundred fifty percent (150%) of the fair market value of the property taken, or the amount necessary for the owner to purchase a comparable replacement property within the same community.

    This change increases the compensation entitlement for property owners affected by state infrastructure projects.

  • 27 O.S. 2021, Section 16

    fair market value shall not be reduced or discounted in value due to project influence, pre-condemnation activity, threatened condemnation, or any diminution caused by the proposed public improvement, → fair market value shall not be reduced or discounted in value due to project influence, pre-condemnation activity, threatened condemnation, or any diminution caused by the proposed public improvement, and if the fair market value of the property on the date of the taking exceeds the fair market value determined under subparagraph a of this paragraph, the higher fair market value shall be used.

    This change clarifies that fair market value should not be negatively impacted by project influence and ensures that the higher value is maintained.

  • 27 O.S. 2021, Section 16

    Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken. → Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken and only when such benefit is specific, direct, measurable, and proven by clear and convincing evidence.

    This change establishes stricter criteria for offsets of benefits against damages to the remaining property.

  • 27 O.S. 2021, Section 16

    If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole tract immediately before the taking and the fair market value of that portion left remaining immediately after the taking. → If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of that portion left remaining immediately after the taking; provided, however, the compensation attributable to the part actually taken shall be determined in accordance with the enhanced compensation requirements of this subsection.

    This amendment refines the method of calculating just compensation for partial takings, linking it to the enhanced compensation standards established.

  • 27 O.S. 2021, Section 16

    the rights and compensation standards established by this section are mandatory and shall not be waived or reduced by any acquiring state agency or state condemning authority. → the rights and compensation standards established by this section are mandatory and shall not be waived or reduced by any acquiring state agency or state condemning authority. No owner shall be required to waive the protections of this section as a condition of negotiations, settlement, administrative agreement, or voluntary conveyance.

    This addition reinforces the mandatory nature of compensation standards and ensures owners cannot waive their rights.

Action History

  1. Recommendation to the full committee; Do Pass, amended by committee substitute Appropriations and Budget Transportation Subcommittee

  2. Referred to Appropriations and Budget Transportation Subcommittee

  3. Referred to Appropriations and Budget

  4. Withdrawn from Rules Committee

  5. Second Reading referred to Rules

  6. Authored by Representative Sterling

  7. First Reading

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 149 not signed on · 3 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Appropriations And Budget Transportation Subcommittee: Do Pass As Amended By Cs

Passed 5 Yea · 4 Nay
Party YeaNayPresentNot Voting
Republican 3300
Democrat 2000
Unaffiliated 0100
Total 5400
% of votes cast 56%44%0%0%
How each member voted (9)
Member Party Vote
Crosswhite — Nay
Annie Menz Democrat Yea
Jacob Rosecrants Democrat Yea
Eddy Dempsey Republican Yea
Jason Blair Republican Yea
Josh Cantrell Republican Nay
Neil Hays Republican Nay
Nick Archer Republican Nay
Nicole Miller Republican Yea

Official roll call →

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 3758?
HB 3758 is sponsored by Danny Sterling (Republican) and David Bullard (Republican).
What is the current status of HB 3758?
This bill is in committee in the House. Introduced February 02, 2026. It must pass committee before a floor vote.
Where can I track HB 3758?
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