Bill > SB1835

This bill modifies Oklahoma law regarding eminent domain, the government's power to take private property for public use, by establishing new standards for determining "just compensation," which is the fair payment owed to property owners. Specifically, "just compensation" is redefined to mean the greater of 150% of the property's fair market value or the cost to purchase a comparable replacement property within the same community, with "comparable replacement property" meaning a similar property in terms of size, location, use, utility, access, zoning, and improvements. The bill also clarifies that any special benefits to the remaining property can only offset damages to that remaining part, and only if those benefits are specific, direct, measurable, and proven, excluding general or speculative benefits. Furthermore, it prohibits reducing fair market value based on factors like project influence or the threat of condemnation, and mandates using the higher fair market value if it exceeds the calculated amount. Crucially, the bill prevents any government entity from waiving or reducing these enhanced compensation rights and standards, and prohibits requiring property owners to give up these protections as a condition of negotiation or settlement. This act will take effect on November 1, 2026.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1835&Session=2600