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ENGR. S. B. NO. 1115 Page 1
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ENGROSSED SENATE
BILL NO. 1115 By: Daniels of the Senate
and
Pfeiffer of the House
An Act relating to nuisances; amending 50 O.S. 2021,
Sections 2, 8, and 10, which relate to public
nuisances, remedies, and civil action; prohibiting
certain acts from being deemed public nuisance;
clarifying applicable remedies in certain civil
actions; requiring certain determination for
liability in certain action; requiring determination
of proximate cause for maintenance of certain action;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 50 O.S. 2021, Section 2, is
amended to read as follows:
Section 2. A public nuisance is one which affects at the same
time an entire community or neighborhood, or any considerable number
of persons, although the extent of the annoyance or damage inflicted
upon the individuals may be unequal. The manufacturing, marketing,
and selling of lawful products shall not be deemed a public
nuisance.
SECTION 2. AMENDATORY 50 O.S. 2021, Section 8, is
amended to read as follows:
Section 8. A. The remedies against a public nuisance are:
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1. Indictment or information, or;
2. A civil action, or seeking injunctive or other equitable
relief; or
3. Abatement;.
B. To be found liable in an action for public nuisance, the
defendant in such an action must be determined by the court to have
been in control of the conditions giving rise to the nuisance at the
time of injury.
SECTION 3. AMENDATORY 50 O.S. 2021, Section 10, is
amended to read as follows:
Section 10. A private person may maintain an action for a
public nuisance if it the court determines by clear and convincing
evidence that the nuisance is specially injurious the proximate
cause of special injury to himself the private person, but not
otherwise.
SECTION 4. This act shall become effective November 1, 2025.
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Passed the Senate the 26th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives