Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1556 By: Grellner
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6 AS INTRODUCED
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7 An Act relating to eminent domain; defining term;
7 establishing standards for judicial review; requiring
8 de novo judicial review of public use and necessity
8 determinations; requiring strict construction of
9 eminent domain statutes; establishing burdens of
9 proof; establishing disclosure requirements;
10 providing for award of costs to prevailing property
10 owners; providing for codification; and providing an
11 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. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 42 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 section, "de novo judicial review" means an
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19 independent judicial determination of all legal and factual
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20 questions relating to public use, necessity, and compliance with
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21 applicable law, made without any deference to prior findings,
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22 assertions, conclusions, resolutions, interpretations, or
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23 declarations by the condemning authority.
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Req. No. 3498 Page 1
1 B. Any determination made by a condemning authority regarding
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2 whether a proposed taking constitutes a lawful public use, whether
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3 the taking is necessary for that public use, and whether the
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4 condemnation complies with statutory and constitutional requirements
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5 shall be subject to de novo judicial review. A court shall strictly
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6 construe all statutes granting eminent domain in favor of the
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7 property owner and against the condemning authority. Any ambiguity
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8 shall be resolved to limit rather than expand the power to condemn
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9 private property.
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10 C. In any judicial condemnation proceeding, the owner of an
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11 interest in property sought to be condemned shall be entitled,
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12 through the timely filing of an exception to the report of the
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13 commissioners in such proceeding, to a hearing on the issues of
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14 public use or necessity of the taking. At any such hearing, the
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15 condemning authority shall bear the burden of proving by a
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16 preponderance of the evidence that the proposed taking is for a
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17 public use authorized by law, and that the property sought to be
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18 taken is reasonably necessary to accomplish that public use.
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19 Necessity shall be proven separately for each individual part,
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20 parcel, or tract of property sought to be taken, and no taking may
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21 be justified solely by general project necessity. The condemning
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22 authority shall show by a preponderance of the evidence that no
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23 feasible alternative route, alignment, design, or non-condemnation
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24 option exists that would satisfy the public use with less harm to
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Req. No. 3498 Page 2
1 private property, and that all alternatives have been analyzed in
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2 good faith using competent engineering, environmental, and financial
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3 methods. The burden of proof shall remain with the condemning
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4 authority at all times, and a resolution of necessity from the
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5 condemning authority shall not, in and of itself, be conclusive or
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6 sufficient evidence of necessity or lawful public use.
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7 D. At least sixty (60) days prior to a hearing to show
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8 necessity, the condemning authority shall provide the property owner
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9 with all:
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10 1. Engineering studies, surveys, routing analyses, maps,
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11 designs, and feasibility reports;
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12 2. Environmental reviews, assessments, and determinations;
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13 3. Financial analyses and justifications for the project;
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14 4. Communications and memoranda relating to routing, necessity,
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15 or alternatives; and
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16 5. Internal and external evaluations of project purpose or
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17 public use.
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18 E. Property owners invoking their right to a hearing shall have
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19 a right to conduct any and all discovery, and issue any and all
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20 subpoenas, authorized under the Oklahoma Discovery Code and the
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21 Oklahoma Pleading Code. Subject to the Oklahoma Discovery Code,
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22 discovery disputes shall be resolved in favor of disclosure of
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23 information to the property owner.
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Req. No. 3498 Page 3
1 F. If, upon a hearing on public use or necessity, the
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2 condemning authority shall fail to establish its right to condemn
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3 the property, or any part thereof, the property owner shall be
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4 entitled to an award of the property owners' reasonable attorney
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5 fees, costs, and expert witness fees, to be taxed and collected as
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6 costs in a civil action.
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7 SECTION 2. This act shall become effective November 1, 2026.
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9 60-2-3498 BLB 1/12/2026 6:10:47 PM
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Req. No. 3498 Page 4Every fact on this page links to its source, starting with the official bill record.