Okla. Stat. tit. 27 § 18

Current through Laws 2024, c. 378.

Section 18 - [Effective 11/1/2024] Landowner's Bill of Rights

A. The Attorney General shall prepare a written statement that includes a "Landowner's Bill of Rights" for a property owner whose real property may be acquired by a person, acquiring agency, or other entity through the use of the entity's eminent domain authority under this title or Title 66 of the Oklahoma Statutes. The statement shall be made available to the public and written in plain language designed to be easily understood by the average property owner.

B. The Landowner's Bill of Rights shall notify each property owner of the right to:

1. Notice of the proposed acquisition of the owner's property;

2. A bona fide good-faith effort to negotiate by the entity proposing to acquire the property;

3. An assessment of damages to the owner that will result from the taking of the property;

4. A hearing under this title, including a hearing on the assessment of damages;

5. An appeal of a judgment in a condemnation proceeding, including an appeal of an assessment of damages; and

6. First refusal or right of first offer if the acquired land is ever sold by the state or any state agency or any person who acquired the land through the use of eminent domain authority. If the landowner chooses to exercise this right, the price would be the lower of either the current market value or the price received by the landowner under the eminent domain sale. This right shall be available to the landowner in the original eminent domain sale and to the first generation of heirs.

However, acquired land may be transferred to another state agency without prompting the first refusal or right of first refusal as provided in this paragraph.

C. The statement shall include:

1. The title "Landowner's Bill of Rights"; and

2. A description of:

a. the condemnation procedures provided by this title,

b. the condemning entity's obligations to the property owner,

c. the property owner's options during a condemnation, including the property owner's right to object to and appeal an amount of damages awarded, and

d. the property owner's right of first refusal or right of first offer if the acquired land is ever sold by the state or any state agency or any person who acquired the land through the use of eminent domain authority.

Okla. Stat. tit. 27, § 18

Amended by Laws 2024, c. 197,s. 1, eff. 11/1/2024.

Added by Laws 2011 , HB 1562, c. 160, § 1.

This section is set out more than once due to postponed, multiple, or conflicting amendments.