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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3967 By: Menz
AS INTRODUCED
An Act relating to eminent domain; amending 27 O.S.
2021, Section 18, as amended by Section 1, Chapter
197, O.S.L. 2024 (27 O.S. Supp. 2025, Section 18),
which relates to Landowner's Bill of Rights;
requiring certain statement to be provided to
property owner; requiring the Attorney General to
review and update the Landowner's Bill of Rights
every two years; providing clarification on what a
bona fide good-faith effort to negotiate is; allowing
the transfer of land between certain state agencies;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 O.S. 2021, Section 18, as
amended by Section 1, Chapter 197, O.S.L. 2024 (27 O.S. Supp. 2025,
Section 18), is amended to read as follows:
Section 18. A. The Attorney General shall prepare a written
statement that includes a "Landowner's Bill of Rights" for a
property owner whose real property may be acquired by a person,
acquiring agency, or other entity through the use of the entity's
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eminent domain authority under this title or Title 66 of the
Oklahoma Statutes. The statement shall be made available to the
public and written in plain language designed to be easily
understood by the average property owner. The statement shall be
provided to the property owner at the earliest stage of the
acquisition process and prior to any negotiation for purchase. The
Attorney General shall review and update the Landowner's Bill of
Rights at least once every two (2) years to ensure accuracy and
clarity.
B. The Landowner's Bill of Rights shall notify each property
owner of the right to:
1. Notice of the proposed acquisition of the owner's property;
2. A bona fide good-faith effort to negotiate by the entity
proposing to acquire the property. A bona fide good-faith effort to
negotiate shall include providing the property owner with the
appraisal or damage assessment relied upon by the acquiring entity;
3. An assessment of damages to the owner that will result from
the taking of the property;
4. A hearing under this title, including a hearing on the
assessment of damages;
5. An appeal of a judgment in a condemnation proceeding,
including an appeal of an assessment of damages; and
6. First refusal or right of first offer if the acquired land
is ever sold by the state or any state agency or any person who
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acquired the land through the use of eminent domain authority. If
the landowner chooses to exercise this right, the price would be the
lower of either the current market value or the price received by
the landowner under the eminent domain sale. This right shall be
available to the landowner in the original eminent domain sale and
to the first generation of heirs.
However, acquired land may be transferred to another state
agency that is appropriated by the Oklahoma Legislature without
prompting the first refusal or right of first refusal as provided in
this paragraph.
C. The statement shall include:
1. The title "Landowner's Bill of Rights"; and
2. A description of:
a. the condemnation procedures provided by this title,
b. the condemning entity's obligations to the property
owner,
c. the property owner's options during a condemnation,
including the property owner's right to object to and
appeal an amount of damages awarded, and
d. the property owner's right of first refusal or right
of first offer if the acquired land is ever sold by
the state or any state agency or any person who
acquired the land through the use of eminent domain
authority.
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SECTION 2. This act shall become effective November 1, 2026.
60-2-14355 JL 01/14/26