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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1152 By: Banning
AS INTRODUCED
An Act relating to eminent domain; amending 27 O.S.
2021, Section 13, which relates to eminent domain
policies; increasing purchasing price for eminent
domain; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, Section 13, is
amended to read as follows:
Section 13. Any person, acquiring agency or other entity
acquiring real property for any public project or program described
in Section 9 of this title shall comply with the following policies:
1. Every reasonable effort shall be made to acquire,
expeditiously, real property by negotiation.;
2. Real property shall be appraised before the initiation of
negotiations, and the owner or his designated representative shall
be given an opportunity to accompany the appraiser during his
inspection of the property, except that the head or governing body
of the entity acquiring real property, if so mandated by federal law
or regulation, may prescribe a procedure to waive the appraisal in
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cases involving the acquisition by sale or donation of property with
a low fair market value as such value is defined by federal law or
regulation.;
3. Before the initiation of negotiations for real property, an
amount shall be established which is reasonably believed to be just
compensation therefor and such amount shall be promptly offered for
the property. In no event shall such amount be less than the
approved appraisal of one hundred fifty percent (150%) of the fair
market value of such real property. Any decrease or increase in the
fair market value of real property prior to the date of valuation
caused by the public improvement for which such property is
acquired, or by the likelihood that the property would be acquired
for such improvement, other than that due to physical deterioration
within the reasonable control of the owner, will be disregarded in
determining the compensation for the property. The owner of the
real property to be acquired shall be provided with a written
statement of, and summary of the basis for, the amount established
as just compensation. Where appropriate, the just compensation for
the real property acquired and for damages to remaining real
property shall be separately stated.;
4. No owner shall be required to surrender possession of real
property before the agreed purchase price is paid or deposited with
the state court, in accordance with applicable law, for the benefit
of the owner of an amount not less than one hundred fifty percent
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(150%) of the approved appraisal of the fair market value of such
property, or the amount of the award of compensation in the
condemnation proceeding of such property.;
5. The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move
from a dwelling, assuming a replacement dwelling, as required by the
Oklahoma Relocation Assistance Act, will be available, or to move
his their business or farm operation without at least ninety (90)
days' written notice from the date by which such move is required.;
6. If any owner or tenant is permitted to occupy the real
property acquired on a rental basis for a short term or for a period
subject to termination on short notice, the amount of rent required
shall not exceed the fair rental value of the property to a short-
term occupier.;
7. In no event shall the time of condemnation be advanced, on
negotiations or condemnation and the deposit of funds in court for
the use of the owner be deferred, or any other coercive action be
taken to compel an agreement on the price to be paid for the
property.;
8. If an interest in real property is to be acquired by
exercise of power of eminent domain, formal condemnation proceedings
shall be instituted. The acquiring authority shall not
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intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of his real property.;
9. If the acquisition of only part of the property would leave
its owner with an uneconomic remnant, an offer to acquire that
remnant shall be made. For the purposes of this section, an
uneconomic remnant is a parcel of real property in which the owner
is left with an interest after the partial acquisition of the
property of the owner which has little or no value or utility to the
owner.;
10. A person whose real property is being acquired in
accordance with this title may, after the person has been fully
informed of his right to receive just compensation for such
property, donate such property, any part thereof, any interest
therein, or any compensation paid therefor, as such person shall
determine.; and
11. As used in this section:
a. "Appraisal" means a written statement independently
and impartially prepared by a qualified appraiser
setting forth an opinion of defined value of an
adequately described property as of a specific date,
supported by the presentation and analysis of relevant
market information, and
b. "Acquiring agency" means:
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(1) a state agency which has the authority to acquire
property by eminent domain pursuant to state law,
and
(2) a state agency or person which does not have such
authority, to the extent provided by regulation.
SECTION 2. This act shall become effective November 1, 2025.
60-1-12165 JL 01/08/25