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 2113 By: Boren
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6 AS INTRODUCED
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7 An Act relating to eminent domain; requiring
7 condemning authority to provide a written finding of
8 necessity; authorizing any respondent property owner
8 to file a request of a necessity hearing within a
9 certain time period; requiring condemning authorities
9 to serve evidentiary submissions within certain time
10 period; requiring the court to conduct certain
10 hearing and make certain determination; allocating
11 burden of proof; requiring de novo review of public
11 use and necessity determinations; requiring dismissal
12 of certain claims; providing for codification; and
12 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 18.1 of Title 27, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. No condemning authority may initiate or maintain a
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20 condemnation proceeding pursuant to Section 2 of Title 27 of the
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21 Oklahoma Statutes unless the condemning authority has adopted an
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22 express, written finding of necessity. A conclusory, generalized,
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23 or pretextual declaration of necessity shall be insufficient as a
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1 matter of law. The finding shall be specific, fact-based, and
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2 supported by evidence and shall:
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3 1. Identify the specific statutory authority relied upon
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4 pursuant to Sections 2 through 8 of Title 27 of the Oklahoma
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5 Statutes;
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6 2. Describe with particularity the precise property interest
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7 sought to be condemned, including the nature, scope, and duration of
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8 the interest;
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9 3. State the reasons the taking is necessary for a public use
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10 recognized under Section 1 of Title 27 of the Oklahoma Statutes and
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11 Section 24 of Article II of the Oklahoma Constitution;
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12 4. Demonstrate that the proposed taking is reasonably necessary
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13 to accomplish the stated public use and is not merely convenient or
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14 advantageous;
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15 5. Demonstrate that the condemning authority has considered
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16 reasonable alternatives, including alternative locations, designs,
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17 or methods, and that no reasonable alternative exists that would
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18 avoid or materially reduce the taking; and
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19 6. Demonstrate that the taking is narrowly tailored and limited
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20 to the minimum property interest necessary to accomplish the public
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21 use.
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22 B. Within thirty (30) days of service of a petition for eminent
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23 domain, any respondent property owner may file a written request for
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24 a necessity hearing to determine public use and necessity. Upon the
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Req. No. 3080 Page 2
1 filing of a timely request, the court shall stay all further
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2 condemnation proceedings, including the appointment of commissioners
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3 and any request for immediate possession, until public use and
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4 necessity have been adjudicated.
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5 C. Within twenty (20) days of service of the petition for
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6 eminent domain, the condemning authority shall serve upon all
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7 respondents its evidentiary submission establishing a prima facie
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8 case of necessity.
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9 D. Within thirty (30) days of receipt of the condemning
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10 authority's evidentiary submission, the respondent property owner
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11 may submit evidence refuting the prima facie case of necessity.
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12 E. The court shall conduct an evidentiary necessity hearing
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13 promptly after the close of submissions. The condemning authority
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14 shall bear the burden of proof and persuasion and must establish
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15 public use and necessity by clear and convincing evidence.
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16 F. A district court of this state shall independently determine
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17 whether the proposed condemnation satisfies the requirements of
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18 public use and necessity under Title 27 of the Oklahoma Statutes.
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19 No deference shall be afforded to any legislative, administrative,
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20 or condemning authority's declaration of necessity.
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21 G. No presumption of necessity shall arise in favor of the
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22 condemning authority. All presumptions shall favor retention of
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23 private property.
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Req. No. 3080 Page 3
1 H. Any order determining statutory authority, public use, or
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2 necessity shall be deemed to resolve questions of law and shall be
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3 reviewed de novo on appeal.
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4 I. If the court determines that the evidentiary requirements of
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5 this section have not been met, the condemnation action shall be
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6 dismissed with prejudice, the condemning authority shall be
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7 prohibited from refiling for the same condemnation absent materially
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8 changed circumstances, and the landowner shall be awarded reasonable
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9 attorney fees, expert fees, and costs.
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10 J. No condemning authority may exercise immediate possession
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11 authority unless and until necessity has been established pursuant
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12 to this section or the time to request a necessity hearing has
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13 expired without a request being filed.
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14 SECTION 2. This act shall become effective November 1, 2026.
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16 60-2-3080 BLB 1/15/2026 12:52:49 PM
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Req. No. 3080 Page 4Every fact on this page links to its source, starting with the official bill record.