After a week of lengthy floor sessions to vote on bills as a full chamber, the Senate has passed the legislative deadline to consider House bills on the floor. This was the second-to-last legislative deadline before both chambers must adjourn Sine Die by 5 p.m. on May 30. The Senate passed about 255 House bills, while 249 Senate bills advanced out of the House. Some of those measures returned to their chamber of origin because of amendments, but many advanced to the governor’s desk. Gov. Kevin Stitt has signed more than 30 bills so far this session, and others have become law without his signature. Dozens more are currently on his desk, awaiting action.
One of the major issues shaping this legislative session is eminent domain and policy proposals to strengthen Oklahomans’ property rights. My colleagues and I are considering various bills that limit the government’s ability to seize land for private developments and ensure landowners receive fair compensation when eminent domain is exercised. Two of the bills I’ve worked on this session to protect property rights passed the Senate this past week.
I’ve been working with Rep. Mike Kelley on legislation that gives property owners more power in annexation decisions, ensuring they’re not forced to pay higher taxes against their will. House Bill 1166 removes a provision in state law that currently allows cities and towns to annex land without the written consent of a majority of local property owners. Under this bill, localities seeking to annex land will be required to hold a public hearing to hear from residents in the affected area. Cities or towns will also be required to get a majority of the acreage owners in the proposed annexation area to sign off on the change. The bill also requires that public annexation notices — published in local newspapers and mailed to all property owners in the affected area — include detailed plans for extending municipal services, including water, sewer, and public safety services. This legislation prevents municipalities from overstepping their boundaries and forcing an annexation on local landowners despite their protestations. This measure also gives due process rights to landowners who are not part of the municipality and don’t want to be. Although the bill passed the Senate, there are a couple of procedural steps that still need to be taken with it in conference committee before it can be sent to the governor for enactment.
I’ve also spent recent weeks helping property rights groups and other interested parties rewrite House Bill 2036. This legislation bolsters property rights protections to ensure landowners receive fair treatment during eminent domain proceedings. Essentially, this bill incentivizes entities utilizing eminent domain to offer property owners above-market value for their land by shifting more of the court costs to the condemning authority. Under this legislation, if a court rules against the condemning authority or the proceedings are abandoned, the condemning authority must cover the landowner’s legal fees. This also lowers the threshold for a property owner to get their legal fees covered in cases involving a jury trial. If the jury’s financial judgment exceeds 90% of the condemning authority’s final written offer, the landowner would be entitled to reimbursement for their legal fees. Property owners who are forced to forfeit their land deserve just compensation in return, and this bill will ensure higher offers to the landowner, earlier in the process.
Together, these two bills are designed to curb government overreach, prevent the unjust seizure of private land, and strengthen property rights and due process protections for landowners.
To contact me at the Capitol, please write to Senator Brent Howard, State Capitol, 2300 N. Lincoln Blvd. Room 427, Oklahoma City, OK, 73105, email me at Brent.Howard@oksenate. gov, or call (405) 521-5612.
