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HB3453 • 2026

Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.

Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Staires
Last action
2026-04-01
Official status
Second Reading referred to Judiciary
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.

Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.

What This Bill Does

  • Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.
  • Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Substitute 1 (2/18/2026) Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Substitute 1 - Amendment 1 (2/19/2026) Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Recommendation (3/2/2026) Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Recommendation - - Amendment 1 (3/2/2026) Bill Summaries/Fiscal Impact for HB 3453 (House): Committee Substitute (3/23/2026) Bill Summaries/Fiscal Impact for HB 3453 (House): Floor Amendment 1 (3/25/2026) Bill Summaries/Fiscal Impact for HB 3453 (House): Floor Amendment 1- - Amendment to amendment 1 (3/25/2026)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: HB3453 FA1-A1 StairesCl-JL(Untimely Filed) 3/24/2026 1:18:28 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk FLOOR AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend amendment number 1 to HB3453 Of the printed Bill Page 1 Section 1 Lines 21 Of the Engrossed Bill By inserting after the comma "," and before the word "the" the following phrase, "or any proceeding authorized under Title 52 of the Oklahoma statutes,".

  • HB3453 FA1-A1 StairesCl-JL(Untimely Filed) 3/24/2026 1:18:28 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk FLOOR AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend amendment number 1 to HB3453 Of the printed Bill Page 1 Section 1 Lines 21 Of the Engrossed Bill By inserting after the comma "," and before the word "the" the following phrase, "or any proceeding authorized under Title 52 of the Oklahoma statutes,".
Filed

Plain English: HB3453 FA1 StairesCl-JL(Untimely Filed) 3/23/2026 11:00:13 am AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk FLOOR AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB3453 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.

  • HB3453 FA1 StairesCl-JL(Untimely Filed) 3/23/2026 11:00:13 am AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk FLOOR AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB3453 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.
  • No.
  • 17170 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) FLOOR SUBSTITUTE FOR HOUSE BILL NO.
  • 3453 By: Staires and Wilk of the House and Reinhardt of the Senate FLOOR SUBSTITUTE An Act relating to eminent domain; establishing burdens of proof; providing for award of attorney fees and costs to prevailing property owner; providing for codification; and providing an effective date.
Filed

Plain English: Req.

  • Req.
  • No.
  • 16607 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) POLICY COMMITTEE RECOMMENDATION FOR HOUSE BILL NO.
  • 3453 By: Staires POLICY COMMITTEE RECOMMENDATION An Act relating to eminent domain; defining term; establishing standards for judicial review; requiring de novo judicial review of public use and necessity determinations; requiring strict construction of eminent domain statutes; establishing burdens of proof; providing for award of costs to prevailing property owners; providing for codification; and providing an effective date.
Filed

Plain English: HB3453 POLREC-AMD1 Clay Staires-GRS 3/2/2026 10:19:25 am AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB3453 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.

  • HB3453 POLREC-AMD1 Clay Staires-GRS 3/2/2026 10:19:25 am AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB3453 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.
  • No.
  • 16806 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) PROPOSED OVERSIGHT COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
  • 3453 By: Staires PROPOSED OVERSIGHT COMMITTEE SUBSTITUTE An Act relating to eminent domain; establishing burdens of proof; providing for award of attorney fees and costs to prevailing property owner; providing for codification; and providing an effective date.
Filed

Plain English: HB3453 POLPCS1 Jonathan Wilk-JL 2/6/2026 3:10:23 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Jonathan Wilk Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB3453 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.

  • HB3453 POLPCS1 Jonathan Wilk-JL 2/6/2026 3:10:23 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Jonathan Wilk Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB3453 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.
  • No.
  • 16048 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) PROPOSED POLICY COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
  • 3453 By: Wilk PROPOSED POLICY COMMITTEE SUBSTITUTE An Act relating to eminent domain; defining term; establishing standards for judicial review; requiring de novo judicial review of public use and necessity determinations; requiring strict construction of eminent domain statutes; establishing burdens of proof; establishing disclosure requirements; providing for award of costs to prevailing property owners; providing for codification; and providing an effective date.
Filed

Plain English: HB3453 POLPCS1-AMD1 Clay Staires-JL 2/18/2026 4:01:19 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend amendment HB3453 POLPCS1 Of the printed Bill Page 3 Section 1 Lines 7 - 17 Of the Engrossed Bill By deleting subsection D in its entirety and by re-lettering subsequent subsections.

  • HB3453 POLPCS1-AMD1 Clay Staires-JL 2/18/2026 4:01:19 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Clay Staires Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend amendment HB3453 POLPCS1 Of the printed Bill Page 3 Section 1 Lines 7 - 17 Of the Engrossed Bill By deleting subsection D in its entirety and by re-lettering subsequent subsections.

Bill History

  1. 2026-04-01 Senate

    Second Reading referred to Judiciary

  2. 2026-03-26 House

    Engrossed, signed, to Senate

  3. 2026-03-26 Senate

    First Reading

  4. 2026-03-25 House

    General Order

  5. 2026-03-25 House

    Coauthored by Representative(s) Menz

  6. 2026-03-25 House

    Amended by floor substitute

  7. 2026-03-25 House

    Third Reading, Measure passed: Ayes: 91 Nays: 4

  8. 2026-03-25 House

    Referred for engrossment

  9. 2026-03-03 House

    CR; Do Pass, amended by committee substitute Judiciary and Public Safety Oversight Committee

  10. 2026-03-03 House

    Authored by Senator Reinhardt (principal Senate author)

  11. 2026-02-19 House

    Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass, amended by committee substitute Civil Judiciary

  12. 2026-02-19 House

    Coauthored by Representative(s) Wilk

  13. 2026-02-11 House

    Withdrawn from Rules Committee

  14. 2026-02-11 House

    Referred to Judiciary and Public Safety Oversight

  15. 2026-02-11 House

    Referred to Civil Judiciary

  16. 2026-02-09 House

    Remove Representative Wilk as principal House author and substitute with Representative Staires

  17. 2026-02-03 House

    Second Reading referred to Rules

  18. 2026-02-02 House

    First Reading

  19. 2026-02-02 House

    Authored by Representative Wilk

Official Summary Text

Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.
Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Substitute 1 (2/18/2026)
Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Substitute 1 - Amendment 1 (2/19/2026)
Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Recommendation (3/2/2026)
Bill Summaries/Fiscal Impact for HB 3453 (House): Proposed Policy Committee Recommendation - - Amendment 1 (3/2/2026)
Bill Summaries/Fiscal Impact for HB 3453 (House): Committee Substitute (3/23/2026)
Bill Summaries/Fiscal Impact for HB 3453 (House): Floor Amendment 1 (3/25/2026)
Bill Summaries/Fiscal Impact for HB 3453 (House): Floor Amendment 1- - Amendment to amendment 1 (3/25/2026)

Current Bill Text

Read the full stored bill text 
ENGR. H. B. NO. 3453 Page 1
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ENGROSSED HOUSE
BILL NO. 3453 By: Staires, Wilk, and Menz of
the House

and

Reinhardt of the Senate

An Act relating to eminent domain; establishing
burdens of proof; providing for award of attorney
fees and costs to prevailing property owner;
providing for codification; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 42 of Title 27, unless there is
created a duplication in numbering, reads as follows:
A. In any judicial condemnation proceeding, other than those
authorized by Section 7 of this title, or any proceeding authorized
under Title 52 of the Oklahoma Statutes, the owner of an interest in
property sought to be condemned shall be entitled, through the
timely filing of an exception to the report of the commissioners in
such proceeding, to a hearing on the issues of public use or
necessity of the taking. At any such hearing, the condemning
authority shall bear the burden of proving by a preponderance of the

ENGR. H. B. NO. 3453 Page 2
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evidence that the proposed taking is for a public use authorized by
law, and that the property sought to be taken is reasonably
necessary to accomplish that public use. The burden of proof shall
remain with the condemning authority at all times, and a resolution
or declaration of necessity from the condemning authority shall not,
in and of itself, be conclusive or sufficient evidence of necessity.
B. If, upon a hearing on public use or necessity, the
condemning authority shall fail to establish its right to condemn
the property, or any part thereof, the property owner shall be
entitled to an award of reasonable attorney fees, costs, and expert
witness fees, to be taxed and collected as costs in a civil action.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 25th day of March, 2026.

Presiding Officer of the House
of Representatives

Passed the Senate the ___ day of __________, 2026.

Presiding Officer of the Senate