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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2113 By: Boren
AS INTRODUCED
An Act relating to eminent domain; requiring
condemning authority to provide a written finding of
necessity; authorizing any respondent property owner
to file a request of a necessity hearing within a
certain time period; requiring condemning authorities
to serve evidentiary submissions within certain time
period; requiring the court to conduct certain
hearing and make certain determination; allocating
burden of proof; requiring de novo review of public
use and necessity determinations; requiring dismissal
of certain claims; 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 18.1 of Title 27, unless there
is created a duplication in numbering, reads as follows:
A. No condemning authority may initiate or maintain a
condemnation proceeding pursuant to Section 2 of Title 27 of the
Oklahoma Statutes unless the condemning authority has adopted an
express, written finding of necessity. A conclusory, generalized,
or pretextual declaration of necessity shall be insufficient as a
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matter of law. The finding shall be specific, fact-based, and
supported by evidence and shall:
1. Identify the specific statutory authority relied upon
pursuant to Sections 2 through 8 of Title 27 of the Oklahoma
Statutes;
2. Describe with particularity the precise property interest
sought to be condemned, including the nature, scope, and duration of
the interest;
3. State the reasons the taking is necessary for a public use
recognized under Section 1 of Title 27 of the Oklahoma Statutes and
Section 24 of Article II of the Oklahoma Constitution;
4. Demonstrate that the proposed taking is reasonably necessary
to accomplish the stated public use and is not merely convenient or
advantageous;
5. Demonstrate that the condemning authority has considered
reasonable alternatives, including alternative locations, designs,
or methods, and that no reasonable alternative exists that would
avoid or materially reduce the taking; and
6. Demonstrate that the taking is narrowly tailored and limited
to the minimum property interest necessary to accomplish the public
use.
B. Within thirty (30) days of service of a petition for eminent
domain, any respondent property owner may file a written request for
a necessity hearing to determine public use and necessity. Upon the
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filing of a timely request, the court shall stay all further
condemnation proceedings, including the appointment of commissioners
and any request for immediate possession, until public use and
necessity have been adjudicated.
C. Within twenty (20) days of service of the petition for
eminent domain, the condemning authority shall serve upon all
respondents its evidentiary submission establishing a prima facie
case of necessity.
D. Within thirty (30) days of receipt of the condemning
authority’s evidentiary submission, the respondent property owner
may submit evidence refuting the prima facie case of necessity.
E. The court shall conduct an evidentiary necessity hearing
promptly after the close of submissions. The condemning authority
shall bear the burden of proof and persuasion and must establish
public use and necessity by clear and convincing evidence.
F. A district court of this state shall independently determine
whether the proposed condemnation satisfies the requirements of
public use and necessity under Title 27 of the Oklahoma Statutes.
No deference shall be afforded to any legislative, administrative,
or condemning authority’s declaration of necessity.
G. No presumption of necessity shall arise in favor of the
condemning authority. All presumptions shall favor retention of
private property.
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H. Any order determining statutory authority, public use, or
necessity shall be deemed to resolve questions of law and shall be
reviewed de novo on appeal.
I. If the court determines that the evidentiary requirements of
this section have not been met, the condemnation action shall be
dismissed with prejudice, the condemning authority shall be
prohibited from refiling for the same condemnation absent materially
changed circumstances, and the landowner shall be awarded reasonable
attorney fees, expert fees, and costs.
J. No condemning authority may exercise immediate possession
authority unless and until necessity has been established pursuant
to this section or the time to request a necessity hearing has
expired without a request being filed.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3080 BLB 1/15/2026 12:52:49 PM