Oklahoma 2023 Regular Session

Oklahoma House Bill HB2361

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/13/23  
Engrossed
3/23/23  
Refer
3/30/23  
Report Pass
4/13/23  
Enrolled
4/27/23  

Caption

Abandoned property; counties; municipalities; property bid off; effective date.

Impact

The legislation, effective from November 1, 2023, modifies the procedures for counties when they auction abandoned properties. It clarifies that counties can bid on properties where there has been no sufficient minimum bid, either in the name of the county or, if applicable, in the name of the municipality that has outstanding liens on the property. Moreover, the bill stipulates that properties sold under these provisions will not be subject to ad valorem taxes while owned by the county, thus encouraging county ownership of such properties. This could potentially transform how abandoned properties are handled statewide and may alleviate the burden on municipal resources dealing with problem properties.

Summary

House Bill 2361 addresses the issue of abandoned property by amending existing statutes related to how counties handle the resale of such properties. The bill outlines processes for counties to bid off properties at public auctions and establishes specific protocols regarding properties deemed as 'common area nuisance properties.' These are defined as properties that are unmarketable or unusable due to excessive liens or environmental conditions that would cost more to remedy than their market value. By providing clear guidelines for county treasurers, the bill aims to streamline the resale process and improve management of abandoned properties in the state of Oklahoma.

Sentiment

Overall sentiment towards HB 2361 appears to be relatively supportive, especially among legislators concerned with property management efficiency and community revitalization. The bill is seen as a necessary step to address the increasing problem of abandoned and nuisance properties, providing a structured approach that allows municipalities to regain control over such areas. However, some concerns have been raised regarding the implications of transferring property back to counties and potential conflicts with local governance regarding environmental concerns, which may lead to divided opinions among local leaders about how best to handle these properties.

Contention

Notable points of contention include the bill's provisions on environmental liability, which clearly state that counties will not be liable for existing environmental issues on properties once they take ownership involuntarily. Critics may express concern that this provision could disincentivize counties from actively addressing hazardous conditions during their ownership. Additionally, the ability for municipalities to demand property bid sales in their names raises questions about the balance of power between counties and cities, potentially leading to disputes over property management and fiscal responsibilities.

Companion Bills

No companion bills found.

Previously Filed As

OK A4557

Requires municipal accounting of abandoned properties before receiving certain State aid; establishes State database of abandoned properties; requires owners of abandoned properties to document rehabilitation efforts.

OK SB1198

Counties and county officers; requiring the Oklahoma Health Care Authority to release certain liens on certain request of county treasurer. Effective date.

OK SB772

Counties; modifying certain required inventory of county property. Effective date.

OK SB772

Counties; modifying certain required inventory of county property. Effective date.

OK SB999

Property; modifying provisions of the Uniform Unclaimed Property Act. Effective date.

OK SB999

Property; modifying provisions of the Uniform Unclaimed Property Act. Effective date.

OK SB388

Modifies provisions relating to deteriorated or abandoned property

OK S725

Permits municipalities to acquire real property that is abandoned, vacant, or subject to unpaid taxes.

OK HB3371

Relating to lienholders of a residential tenant's abandoned property.

OK SB1197

Counties and county officers; disallowing use of cash for certain purposes; requiring certain use of certified funds. Effective date.

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HI HB1398

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TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.