An act relating to eminent domain, the official text

1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3758                 By: Sterling

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6                               AS INTRODUCED

7   An Act relating to eminent domain; amending 27 O.S.

    2024, Section 27-16, which relates to just

8   compensation; modifying the definition of just

    compensation; providing enhanced compensation;

9   providing a comparable-replacement standard;

    clarifying partial-taking compensation; prohibiting

10  project influence; providing valuation-date

    standards; providing non-waiver protections; and

11  providing an effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  27 O.S. 2021, Section 16, is

16 amended to read as follows:

17  Section 16. A. In every case wherein private property is taken

18 or damaged for public use, the person whose property is taken or

19 damaged shall be entitled to just compensation.

20  B. 1. "Just compensation", as used in subsection A of this

21 section, shall mean the value of the property taken, and in

22 addition, any injury to any part greater of the property not taken:

23  a. one hundred fifty percent (150%) of the fair market

24              value of the property taken, or

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1   b. the amount necessary for the owner to purchase a

2   comparable replacement property within the same

3   community. "Comparable replacement property" means

4   property of similar size, location, use, utility,

5   access, zoning, and improvements suitable for the

6   owner's needs. If no such comparable property exists

7   within the community, compensation shall reflect the

8   cost of a substantially similar property in the

9   nearest comparable community.

10  2. Any special and direct benefits to the part of the property

11 not taken may be offset only against any injury to the property not

12 taken and only when such benefit is specific, direct, measurable,

13 and proven by clear and convincing evidence. General, speculative,

14 or community-wide benefits shall not be considered.

15  3. If only a part of a tract is taken, just compensation shall

16 be ascertained by determining the difference between the fair market

17 value of the whole tract immediately before the taking and the fair

18 market value of that portion left remaining immediately after the

19 taking; provided, however, the compensation attributable to the part

20 actually taken shall be determined in accordance with the enhanced-

21 compensation requirements of this subsection.

22  C. For purposes of determining the compensation required under

23 this section, including the calculation of fair market value and any

24 enhanced compensation required under subsection B of this section:

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1   1. Fair market value shall not be reduced or discounted due to

2 project influence, pre-condemnation activity, threatened

3 condemnation, or any diminution caused by the proposed public

4 improvement; and

5   2. If the fair market value of the property on the date of the

6 taking exceeds the fair market value determined under paragraph 1 of

7 this subsection, the higher fair market value shall be used.

8   D. The rights and compensation standards established by this

9 section are mandatory and shall not be waived or reduced by any

10 acquiring agency, condemning authority, or political subdivision of

11 this state. No owner shall be required to waive the protections of

12 this section as a condition of negotiation, settlement,

13 administrative agreement, or voluntary conveyance.

14  SECTION 2. This act shall become effective November 1, 2026.

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16  60-2-15333      JL  01/05/26

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