OKLAHOMA CITY (OBV) – Oklahoma Gov. Kevin Stitt signed into law a bill that gives property owners the opportunity to reclaim land that was seized from them through eminent domain.
House Bill 1103, written by Rep. Tom Gann, R-Inola, and Sen. Ally Seifried, R-Claremore, requires the Oklahoma Transportation Commission to notify a previous property owner if the land they sold to the Commission is going to be offered for sale.
The bill was requested by a constituent, according to Gann.
“This person experienced the taking of his land by the Oklahoma Department of Transportation and then found out it was later sold without any notification to him,” Gann said. “This would just give people in similar circumstances the ability to repurchase land that was taken from them by eminent domain.”
The bill enhances property rights in Oklahoma, according to Seifried.
“This common-sense legislation gives original property owners the right of first refusal if land taken from them is later offered for resale,” Seifried said. “By allowing landowners the chance to reclaim their property at a fair price, this bill enhances property rights and promotes transparency. Above all, this is about doing what’s right for those displaced by eminent domain and giving them the chance to recover what was taken from them.”
The new law goes into effect on Nov. 1.
The law does the following:
- Extends the timeframe previous landowners have to reclaim their land, from 30 to 90 days;
- Specifies notification requirements by the Transportation Commission; and
- Removes the five-year time period the Commission now has to notify previous owners of the sale of the property.
Rep. Mark Lepak, R-Claremore, coauthored the bill and previously wrote identical legislation that did not advance.
“The five-year requirement, if it were to remain, would act as an incentive for the Commission to hold the property for five years so it could be sold at market value, resulting in increased revenue,” Lepak said. “By removing the time limit, it incentivizes the department to more quickly offer the land back to the previous owner.”
The new law’s changes add transparency to the process by requiring online publication of the land sale.
“This also clarifies eligibility and ensures fair offers to the original landowner rather than allowing the Department of Transportation to profit off of land they’ve taken,” he said.
Notices sent by the Commission to the land’s previous owner must contain an offer to sell the property back at a cost no greater than the original price, provided the previous owner did not use federal funds to purchase the property.
The Commission must send notices by registered mail. Notices must also be posted on the Department of Transportation’s website.
