Bill > SB1556

This bill, effective November 1, 2026, significantly strengthens property owner protections in eminent domain cases, which is the government's power to take private property for public use, even if the owner does not want to sell. It introduces "de novo judicial review," meaning courts will independently re-examine all aspects of a government's decision to take property, without giving any special weight to the government's prior findings. The bill mandates that laws granting eminent domain powers must be interpreted strictly in favor of the property owner, resolving any ambiguities to limit the government's ability to condemn land. In any legal challenge, the government will bear the burden of proving by a "preponderance of the evidence" (meaning more likely than not) that the taking is for a lawful public use and is necessary, requiring separate proof for each parcel of land and demonstrating that no less harmful alternatives exist. Furthermore, the government must provide property owners with extensive documentation related to the project at least 60 days before a necessity hearing, and property owners will have broad discovery rights, with disputes favoring disclosure. If the government fails to prove its right to condemn, the property owner will be awarded their attorney fees, costs, and expert witness fees.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1556&Session=2600