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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1556 By: Grellner
AS INTRODUCED
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.
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. As used in this section, “de novo judicial review” means an
independent judicial determination of all legal and factual
questions relating to public use, necessity, and compliance with
applicable law, made without any deference to prior findings,
assertions, conclusions, resolutions, interpretations, or
declarations by the condemning authority.
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B. Any determination made by a condemning authority regarding
whether a proposed taking constitutes a lawful public use, whether
the taking is necessary for that public use, and whether the
condemnation complies with statutory and constitutional requirements
shall be subject to de novo judicial review. A court shall strictly
construe all statutes granting eminent domain in favor of the
property owner and against the condemning authority. Any ambiguity
shall be resolved to limit rather than expand the power to condemn
private property.
C. In any judicial condemnation proceeding, 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 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.
Necessity shall be proven separately for each individual part,
parcel, or tract of property sought to be taken, and no taking may
be justified solely by general project necessity. The condemning
authority shall show by a preponderance of the evidence that no
feasible alternative route, alignment, design, or non-condemnation
option exists that would satisfy the public use with less harm to
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private property, and that all alternatives have been analyzed in
good faith using competent engineering, environmental, and financial
methods. The burden of proof shall remain with the condemning
authority at all times, and a resolution of necessity from the
condemning authority shall not, in and of itself, be conclusive or
sufficient evidence of necessity or lawful public use.
D. At least sixty (60) days prior to a hearing to show
necessity, the condemning authority shall provide the property owner
with all:
1. Engineering studies, surveys, routing analyses, maps,
designs, and feasibility reports;
2. Environmental reviews, assessments, and determinations;
3. Financial analyses and justifications for the project;
4. Communications and memoranda relating to routing, necessity,
or alternatives; and
5. Internal and external evaluations of project purpose or
public use.
E. Property owners invoking their right to a hearing shall have
a right to conduct any and all discovery, and issue any and all
subpoenas, authorized under the Oklahoma Discovery Code and the
Oklahoma Pleading Code. Subject to the Oklahoma Discovery Code,
discovery disputes shall be resolved in favor of disclosure of
information to the property owner.
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F. 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 the property owners’ 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.
60-2-3498 BLB 1/12/2026 6:10:47 PM