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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3758 By: Sterling
AS INTRODUCED
An Act relating to eminent domain; amending 27 O.S.
2024, Section 27-16, which relates to just
compensation; modifying the definition of just
compensation; providing enhanced compensation;
providing a comparable-replacement standard;
clarifying partial-taking compensation; prohibiting
project influence; providing valuation-date
standards; providing non-waiver protections; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, Section 16, is
amended to read as follows:
Section 16. A. In every case wherein private property is taken
or damaged for public use, the person whose property is taken or
damaged shall be entitled to just compensation.
B. 1. "Just compensation", as used in subsection A of this
section, shall mean the value of the property taken, and in
addition, any injury to any part greater of the property not taken:
a. one hundred fifty percent (150%) of the fair market
value of the property taken, or
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b. the amount necessary for the owner to purchase a
comparable replacement property within the same
community. "Comparable replacement property" means
property of similar size, location, use, utility,
access, zoning, and improvements suitable for the
owner's needs. If no such comparable property exists
within the community, compensation shall reflect the
cost of a substantially similar property in the
nearest comparable community.
2. Any special and direct benefits to the part of the property
not taken may be offset only against any injury to the property not
taken and only when such benefit is specific, direct, measurable,
and proven by clear and convincing evidence. General, speculative,
or community-wide benefits shall not be considered.
3. If only a part of a tract is taken, just compensation shall
be ascertained by determining the difference between the fair market
value of the whole tract immediately before the taking and the fair
market value of that portion left remaining immediately after the
taking; provided, however, the compensation attributable to the part
actually taken shall be determined in accordance with the enhanced-
compensation requirements of this subsection.
C. For purposes of determining the compensation required under
this section, including the calculation of fair market value and any
enhanced compensation required under subsection B of this section:
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1. Fair market value shall not be reduced or discounted due to
project influence, pre-condemnation activity, threatened
condemnation, or any diminution caused by the proposed public
improvement; and
2. If the fair market value of the property on the date of the
taking exceeds the fair market value determined under paragraph 1 of
this subsection, the higher fair market value shall be used.
D. The rights and compensation standards established by this
section are mandatory and shall not be waived or reduced by any
acquiring agency, condemning authority, or political subdivision of
this state. No owner shall be required to waive the protections of
this section as a condition of negotiation, settlement,
administrative agreement, or voluntary conveyance.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15333 JL 01/05/26