Oklahoma 2026 Regular Session

Oklahoma Senate Bill SB1517

Introduced
2/2/26  

Caption

Eminent domain; prohibiting taking of private property unless for certain uses. Effective date.

Summary

SB 1517 revises Oklahoma’s eminent domain statutes to narrow and clarify when government entities may take private property. The bill amends existing law governing local government condemnation powers and the resale of surplus property, and it adds a new statutory definition of “public use.” Under that definition, public use is limited to traditional public infrastructure and facilities such as highways, roads, rights-of-way, public buildings, cemeteries, parks, and certain public utilities or statutorily authorized private entities serving the general public. The bill also expressly bars takings based solely on economic development goals. It states that increased tax revenues, a larger tax base, job creation, or other economic benefits do not qualify as a public use, and that secondary or incidental economic benefits cannot justify eminent domain. In addition, it prohibits subordinate governmental bodies from expanding eminent domain powers through ordinances, charters, resolutions, policies, or other local actions unless there is express statutory authority. For property that is taken and later determined to be surplus, the bill preserves and clarifies a former owner’s right of first refusal. If condemned property is no longer needed for the original public purpose or another public use, it must first be offered back to the former owner or heirs at the lesser of appraised value or the original acquisition price. The bill also sets notice procedures and a 90-day acceptance period before the property may be sold at public sale, while excluding certain redevelopment conveyances from this resale requirement. The bill’s impact would be to tighten state eminent domain law, limit local discretion, and strengthen protections for private property owners by restricting what counts as a lawful public use. It would affect counties, cities, towns, school districts, boards of education, cemetery authorities, public utilities, and any other entity exercising condemnation authority under Title 27. The measure is scheduled to take effect November 1, 2026, if enacted. The available legislative context suggests the bill is framed as a property-rights and anti-abuse measure, with no recorded committee debate or votes in the provided materials. Overall sentiment appears supportive of limiting eminent domain to clearly public purposes and preventing takings justified by economic development alone. The main point of contention likely centers on whether the bill’s narrower definition of public use could reduce flexibility for redevelopment, infrastructure planning, or other local government projects that rely on broader condemnation authority.

Impact

SB 1517 would amend Title 27 of the Oklahoma Statutes to narrow eminent domain authority, define “public use,” and restrict local governments from expanding condemnation powers without express legislative authorization. It also reinforces the right of first refusal for former owners when condemned property becomes surplus, while excluding certain redevelopment conveyances from that resale process. The bill would primarily affect state and local governments, public utilities, and other entities with eminent domain authority, and it would prohibit takings justified only by economic development or incidental economic benefits.

Sentiment

Based on the bill text and the absence of recorded opposition or committee testimony in the provided materials, the bill appears to have a generally pro-property-rights, limited-government sentiment. Its framing suggests support for stronger constitutional and statutory limits on eminent domain and for returning surplus property to former owners. No formal vote history or transcript evidence is provided, so no specific bipartisan or partisan split can be confirmed from the record supplied.

Contention

The likely point of contention is the bill’s strict definition of public use and its explicit rejection of economic development as a valid basis for eminent domain. Supporters would view this as a safeguard against abuse and a protection for landowners, while opponents may argue it could hinder redevelopment, infrastructure expansion, and local economic planning. Another possible issue is the restriction on local governments from broadening eminent domain powers by ordinance or policy, which could be seen as limiting municipal flexibility.

Companion Bills

No companion bills found.

Previously Filed As

OK HB2752

Eminent domain; electricity; facilities; private property; certificates; Corporation Commission; effective date.

OK SB994

Eminent domain; prohibiting use of eminent domain for certain energy projects and facilities. Emergency.

OK HB2290

Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

OK HB1233

Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

OK SB352

Eminent domain; prohibiting use of eminent domain for certain facilities; requiring authorization by Corporation Commission for exercise of eminent domain by certain entities for specified purpose. Emergency.

OK HB1152

Eminent domain; purchase price; effective date.

OK HB1872

Eminent domain; Oklahoma Eminent Domain Act of 2025; effective date.

OK HB2432

Eminent domain; Oklahoma Eminent Domain Act of 2025; effective date.

OK HB2433

Eminent domain; Oklahoma Eminent Domain Act of 2025; effective date.

OK HB2436

Eminent domain; Oklahoma Eminent Domain Act of 2025; effective date.

Similar Bills

CA SB1352

Property taxation: newly constructed: reconstructed property.

CA AB245

Property taxation: application of base year value: disaster relief.

CA SB1053

Property taxation: transfer of base year value: disaster relief.

CA SB603

An act to amend Section 69 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

HI HB1398

Relating To Property.

HI HB1398

Relating To Property.

TX HB2011

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