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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1198 By: Mann
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6 AS INTRODUCED
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7 An Act relating to county resale auctions; amending
7 68 O.S. 2021, Section 3129, as last amended by
8 Section 4, Chapter 179, O.S.L. 2025 (68 O.S. Supp.
8 2025, Section 3129), which relates to property bid
9 off in name of county; requiring the Oklahoma Health
9 Care Authority to release certain liens on certain
10 request of county treasurer; providing for the
10 Oklahoma Health Care Authority to release certain
11 liens upon request of municipality for certain
11 purposes; updating statutory language; and providing
12 an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 68 O.S. 2021, Section 3129, as
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16 last amended by Section 4, Chapter 179, O.S.L. 2025 (68 O.S. Supp.
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17 2025, Section 3129), is amended to read as follows:
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18 Section 3129. A. On the day real estate is advertised for
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19 resale, the county treasurer shall offer same for sale at the office
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20 of the county treasurer between the hours of eight a.m. and five
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21 p.m., the exact hours of each sale to be determined by the local
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22 county treasurer, and continue the sale thereafter from day to day
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23 between such hours until all of the real estate is sold and is
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24 concluded by the county treasurer. The real estate shall be sold at
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Req. No. 2295 Page 1
1 public auction to the highest bidder for cash or certified funds.
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2 Online auctions may accept online payments.
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3 B. The county treasurer may choose to hold the June resale
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4 through an online auction instead of the in-person process as
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5 prescribed in subsection A of this section. Such online auctions
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6 shall occur during regular business hours and shall follow all other
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7 requirements of the resale auction until all of the real estate is
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8 sold and is concluded by the county treasurer. The county treasurer
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9 may select a firm to conduct the online auction with the cost of the
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10 online auctioneer to be added to the sale of each property.
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11 C. 1. As used in this section, "nuisance property" shall be
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12 defined as property that is deemed unmarketable or unusable due to
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13 the existence of liens in excess of the property's fair market value
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14 as shown by the county assessor's office or due to environmental
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15 problems or conditions that exist on the property that would cost
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16 more to remedy than the fair market value of the property as shown
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17 by the county assessor's office, or property in which abatement
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18 liens have been placed upon the property by a municipality in excess
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19 of twenty-five percent (25%) of the property's fair market value as
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20 shown by the county assessor's office.
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21 2. All property must be sold for a sum not less than two-thirds
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22 (2/3) of the assessed value of such real estate as fixed for the
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23 current fiscal year, or for the total amount of taxes, penalties,
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24 interest, and costs due on such property, whichever is the lesser.
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Req. No. 2295 Page 2
1 Notwithstanding, there shall be a reserve minimum bid placed in an
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2 amount covering all taxes, abatement costs, penalties, interest, and
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3 costs due to a municipality if the right to exercise the reserve
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4 minimum bid is noticed to the county treasurer. With the exception
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5 of nuisance property, if there is no bid equal to or greater than
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6 the sum so required, the county treasurer shall bid off the same in
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7 the name of the county. However, the property must be bid off in
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8 the name of the municipality if demand is made in writing by a
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9 municipality which has outstanding liens upon the property. In
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10 cases of nuisance property, the county treasurer shall have
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11 discretion to not bid off the property in the name of the county and
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12 instead allow the property to remain under its current ownership,
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13 unless demand is made in writing by a municipality which has
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14 outstanding liens upon the property. "Nuisance property" shall be
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15 defined as property that is deemed unmarketable or unusable due to
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16 the existence of liens in excess of the property's fair market value
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17 as shown by the county assessor's office or due to environmental
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18 problems or conditions that exist on the property that would cost
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19 more to remedy than the fair market value of the property as shown
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20 by the county assessor's office, or property in which abatement
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21 liens have been placed upon the property by a municipality in excess
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22 of twenty-five percent (25%) of the property's fair market value as
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23 shown by the county assessor's office. Greenbelts, common areas,
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24 easements, retention ponds, and detention ponds may also be
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Req. No. 2295 Page 3
1 considered nuisance property if transference of ownership to either
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2 the county or a third party would cause a hardship to the
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3 neighborhood or subdivision these areas were meant to serve or to
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4 the county or third party.
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5 3. The county treasurer shall make the determination, in
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6 conjunction with review and approval of the board of county
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7 commissioners, upon consideration of the above factors provisions of
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8 paragraphs 1 and 2 of this subsection, as to whether or not property
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9 constitutes nuisance property. The said nuisance property
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10 determination may be made at any time during the year, including
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11 before or immediately after the June resale. In the case of a
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12 nuisance property that has liens from a city or town, if a minimum
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13 bid is not made, the city or town shall be credited a bid on the
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14 property equal to the amount of the lien of the city or town if its
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15 intention to do so is made known to the county treasurer prior to
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16 the sale or at the sale.
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17 4. In the case of a nuisance property with liens from a city or
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18 town, if a minimum bid is not made, the nuisance property shall be
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19 bid off in the name of the city or town if its intention to do so is
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20 made known to the county treasurer prior to the sale or at the sale.
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21 All property bid off in the name of the county shall be for the
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22 amount of all taxes, penalties, interest, and costs due thereon, and
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23 the county treasurer shall issue a deed therefor to the board of
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24 county commissioners for the use and benefit of the county. All
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Req. No. 2295 Page 4
1 nuisance property bid off in the name of the city or town shall be
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2 for the amount of any municipal liens due thereon, and the county
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3 treasurer shall issue a deed therefor to the city or town for the
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4 use and benefit of the city or town.
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5 D. The county treasurers shall provide to the Oklahoma Health
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6 Care Authority (OHCA) a list of properties that will be sold at tax
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7 resales in their respective counties. Using the information
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8 provided, the OHCA shall produce a list for each county of
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9 properties on which the OHCA has liens. The county treasurers shall
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10 make the list of properties with the OHCA liens available to
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11 potential buyers at the tax resales. The OHCA shall file a release
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12 of the liens on properties that fit the definition of blighted
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13 properties, as defined in Section 38-101 of Title 11 of the Oklahoma
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14 Statutes, in the county records of the county where the property is
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15 located on which OHCA has liens upon request of that county's
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16 treasurer. The OHCA shall additionally file a release of the liens
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17 on properties on which OHCA has liens upon request of a municipality
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18 if the property is owned by such municipality and is to be
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19 transferred to a not-for-profit entity for a qualified project, as
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20 defined in Section 2357.403 of this title, or for another public
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21 purpose deemed suitable by the municipality. The filing of the lien
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22 release shall not extinguish the debt owed to the OHCA, which may be
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23 enforced through any legal means available to the OHCA.
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Req. No. 2295 Page 5
1 E. The county shall not be liable to the state or any taxing
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2 district thereof for any part of the amount for which any property
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3 may be sold to such county. All property bid off in the name of the
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4 county shall be exempt from ad valorem taxation as long as title is
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5 held for the county.
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6 F. 1. The county shall not be civilly liable for any
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7 environmental problems or conditions on any property which that
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8 existed on the property prior to the county's involuntary ownership
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9 of the property pursuant to this section, or which that may result
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10 from such environmental problems or conditions on the property.
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11 During the period of the county's involuntary ownership of the
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12 property, the person or persons who would be legally liable for the
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13 environmental problems or conditions on the property but for the
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14 county's ownership shall continue to be liable for such
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15 environmental problems or conditions.
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16 2. In addition, the county shall not be subject to civil
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17 liability with regard to any actions taken by the county to
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18 remediate any problems or conditions on the property resulting from
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19 the environmental problems or conditions if the remedial action is
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20 not performed in a reckless or negligent manner.
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21 SECTION 2. This act shall become effective November 1, 2026.
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23 60-2-2295 MSBB 11/18/2025 3:45:52 PM
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Req. No. 2295 Page 6Every fact on this page links to its source, starting with the official bill record.