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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1835 By: Sacchieri
AS INTRODUCED
An Act relating to eminent domain; amending 27 O.S.
2021, Section 16, which relates to just compensation;
modifying definitions; establishing standards for
proof of certain benefit; establishing requirements
to calculate certain compensation; prohibiting waiver
or reduction of certain rights and standards;
updating statutory language; 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 where private property is
taken or damaged for public use, the person whose property is taken
or damaged shall be entitled to just compensation.
B. As used in this section:
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 of the property not taken means the
greater of:
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a. one hundred fifty percent (150%) of the fair market
value of the property taken, or
b. the amount necessary for the owner to purchase a
comparable replacement property within the same
community; and
2. “Comparable replacement property” means property of a
similar size, location, use, utility, access, zoning, and any
improvements suitable for the needs of the owner. If no such
comparable property exists within the community, just compensation
shall reflect the cost of a substantially similar property in the
nearest comparable community.
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 a preponderance of the evidence. General,
speculative, or community-wide benefits shall not be considered. 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.
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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:
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 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.
60-2-2671 TEK 1/14/2026 11:19:27 PM