Bill > SB2113

This bill requires any government entity seeking to take private property through eminent domain, which is the power of the government to take private property for public use, to first provide a detailed written finding of necessity. This finding must specifically identify the legal authority for the taking, describe the exact property interest sought, explain why the taking is necessary for a recognized public use, demonstrate that the taking is reasonably required and not just convenient, show that alternatives have been considered and rejected, and confirm that the taking is limited to the minimum property needed. Property owners affected by eminent domain can request a hearing to challenge the necessity of the taking, which will halt further proceedings until the court resolves the issue. The condemning authority must present evidence to prove necessity by clear and convincing evidence, and the court will independently review these determinations without giving deference to the government's initial declaration. If the court finds the necessity requirements are not met, the condemnation case will be dismissed permanently, and the property owner may be awarded legal costs. The bill also clarifies that immediate possession of property cannot be taken until necessity is established or the opportunity to request a hearing has passed. This act will take effect on November 1, 2026.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb2113&Session=2600