An act relating to eminent domain, the official text

1                    STATE OF OKLAHOMA

1

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

2

3 SENATE BILL 1835               By: Sacchieri
3

4

4

5

5

6                               AS INTRODUCED

6

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

7   2021, Section 16, which relates to just compensation;

8   modifying definitions; establishing standards for

8   proof of certain benefit; establishing requirements

9   to calculate certain compensation; prohibiting waiver

9   or reduction of certain rights and standards;

10  updating statutory language; and providing an

10  effective date.

11

11

12

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13

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

14

15 amended to read as follows:
15

16  Section 16. A. In every case wherein where private property is

16

17 taken or damaged for public use, the person whose property is taken
17

18 or damaged shall be entitled to just compensation.
18

19  B. As used in this section:

19

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

20

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

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

23 greater of:
23

24

24

    Req. No. 2671                                               Page 1
1   a. one hundred fifty percent (150%) of the fair market

1

2                  value of the property taken, or

2

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

3

4                  comparable replacement property within the same

4

5                  community; and

5

6   2. "Comparable replacement property" means property of a

6

7 similar size, location, use, utility, access, zoning, and any
7

8 improvements suitable for the needs of the owner. If no such
8

9 comparable property exists within the community, just compensation
9

10 shall reflect the cost of a substantially similar property in the
10

11 nearest comparable community.
11

12  Any special and direct benefits to the part of the property not

12

13 taken may be offset only against any injury to the property not
13

14 taken and only when such benefit is specific, direct, measurable,
14

15 and proven by a preponderance of the evidence. General,
15

16 speculative, or community-wide benefits shall not be considered. If
16

17 only a part of a tract is taken, just compensation shall be
17

18 ascertained by determining the difference between the fair market
18

19 value of the whole tract immediately before the taking and the fair
19

20 market value of that portion left remaining immediately after the
20

21 taking; provided, however, the compensation attributable to the part
21

22 actually taken shall be determined in accordance with the enhanced
22

23 compensation requirements of this subsection.
23

24

24

    Req. No. 2671                                               Page 2
1   C. For purposes of determining the compensation required under

1

2 this section, including the calculation of fair market value and any
2

3 enhanced compensation required under subsection B of this section:
3

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

4

5 project influence, pre-condemnation activity, threatened
5

6 condemnation, or any diminution caused by the proposed public
6

7 improvement; and
7

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

8

9 taking exceeds the fair market value determined under paragraph 1 of
9

10 this subsection, the higher fair market value shall be used.
10

11  D. The rights and compensation standards established by this

11

12 section shall not be waived or reduced by any acquiring agency,
12

13 condemning authority, or political subdivision of this state. No
13

14 owner shall be required to waive the protections of this section as
14

15 a condition of negotiation, settlement, administrative agreement, or
15

16 voluntary conveyance.
16

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

17

18

18

19  60-2-2671       TEK   1/14/2026 11:19:27 PM

19

20

20

21

21

22

22

23

23

24

24

    Req. No. 2671                                           Page 3