Eminent domain; prohibiting use of eminent domain for certain energy projects and facilities. Emergency.
Summary
SB 994 amends Oklahoma’s eminent domain statute for utilities and energy providers. Under current law, persons or companies furnishing light, heat, or power by electricity or natural gas may exercise eminent domain in the same manner as railroad corporations. The bill keeps that general authority in place, but adds a new restriction that eminent domain may not be used to site or build certain energy projects on private property.
The prohibited projects include wind turbine energy facilities, solar energy facilities, battery storage facilities, hydrogen gas facilities, and carbon capture and sequestration projects. The bill also contains an emergency clause, meaning it would take effect immediately upon passage and approval rather than waiting for the normal effective date.
Impact
The bill would directly amend 27 O.S. 2021, Section 7, narrowing the eminent domain powers available to entities involved in specified energy development. It would not eliminate eminent domain for traditional electricity or natural gas providers generally, but it would bar its use for acquiring private property for the listed renewable, storage, hydrogen, and carbon capture projects. This would affect project developers, utilities, landowners, and potentially transmission or infrastructure planning tied to those facilities.
Sentiment
No committee transcripts or recorded votes were provided, so there is no documented debate or vote history to indicate support or opposition. Based on the bill text alone, the measure appears to reflect a policy preference for limiting compulsory land acquisition for newer energy infrastructure. The inclusion of an emergency clause suggests the author viewed the issue as urgent.
Contention
The main point of contention is likely the restriction on eminent domain for energy projects, especially wind, solar, battery storage, hydrogen, and carbon capture facilities. Supporters would likely view the bill as protecting private property rights and limiting forced takings for controversial or emerging energy infrastructure. Opponents would likely argue that the bill could hinder energy development, grid modernization, and large-scale infrastructure projects by making it harder to assemble necessary land.