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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4171 By: Staires
AS INTRODUCED
An Act relating to eminent domain; amending 66 O.S.
2021, Section 53, which relates to taking property by
eminent domain; requiring a commission to determine
if condemnation action is based upon a valid public
use; requiring the commission in their report to the
court to provide whether the action is for a valid
public use; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 66 O.S. 2021, Section 53, is
amended to read as follows:
Section 53. A. If the owner of any real property or interest
therein, over which any railroad corporation, incorporated under the
laws of this state, may desire to locate its road, shall refuse to
grant the right-of-way through and over his premises, the district
judge of the county in which said real property may be situated
shall, upon the application or petition of either party, and after
ten (10) days' notice to the opposite party, direct the sheriff of
said county to summon three disinterested freeholders, to be
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selected by said judge as commissioners, and who shall not be
interested in a like question.
B. The condemnor shall give notice to a condemnee by personal
service or by leaving a copy of the notice at the condemnee's place
of residence with some member of his family over fifteen (15) years
of age, or by publication in the case of a condemnee who resides out
of this state or a resident of this state who has departed herefrom
with intent to avoid service of notice, or whose whereabouts or
identity the condemnor, or his attorney, upon diligent inquiry is
unable to ascertain, or an unknown heir, successor or assign of one
in whom some right, title or interest in the property concerned was
possessed, by publishing such notice once a week for two (2)
consecutive weeks in a newspaper authorized by law to publish legal
notices in the county where the petition is filed, the ten-day
period to begin with the first publication. A copy of such notice
and a copy of the petition shall be mailed to such opposite party's
last-known mailing address within five (5) days of the first
publication thereof. The procedure for service by publication as
authorized herein shall in all other respects be as provided by law
for service by publication in civil actions, except summons need not
first be issued.
C. The commissioners shall be sworn to perform their duties
impartially and justly; and they the commission shall hold a
necessity hearing to confirm that the real property is being
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condemned for a valid public use and if so the commission shall
inspect said real property and consider the injury which said owner
may sustain by reason of the condemnation and they shall assess the
just compensation to which said owner is entitled; and they shall
forthwith make report in writing to the clerk of the court, setting
forth whether the condemnation action should continue or not based
upon their determination on whether the action is based upon a valid
public use as well as the quantity, boundaries, and just
compensation for the property taken, and amount of injury done to
the property, either directly or indirectly, which they assess to
the owner; which report must be filed and recorded by the clerk. A
certified copy of the report may be transmitted to the county clerk
of the county where the land lies, to be by him filed and recorded,
without further acknowledgment or proof, in the manner and with like
force and effect as is provided for the recording of deeds. And if
said corporation shall, at any time before it enters upon said real
property for the purpose of constructing said road, pay to said
clerk for the use of said owner the sum so assessed and reported to
him as aforesaid, it shall thereby be authorized to construct and
maintain its road over and across said premises.
D. "Just compensation", as used in subsection C of this
section, shall mean the value of the property taken, and in
addition, any injury to any part of the property not taken. Any
special and direct benefits to the part of the property not taken
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may be offset only against any injury to the property not taken. 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.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15817 JL 01/07/26