HB 2036: Condemnation proceedings; establishing requirements for reimbursement of certain expenses; effective date. - Oklahoma

Floor (House) → Floor (Senate) · 6 edits

MODERATE

This bill amends Oklahoma's eminent domain laws to expand reimbursement rights for property owners when condemnation proceedings fail or result in higher jury awards. The changes clarify when owners can recover legal and appraisal fees, update notice procedures for jury trials, and establish clearer thresholds for compensation disputes.

Scope change

The bill expands reimbursement eligibility to include right-of-way for oil and gas pipelines and clarifies fee recovery conditions when condemnation proceedings are abandoned or when jury awards exceed certain thresholds.

ELIGIBILITY

Added reimbursement rights for property owners when condemnation proceedings are abandoned or when final judgments determine property cannot be acquired through condemnation.

Modified fee reimbursement threshold from requiring jury awards to exceed court-appointed commissioners' awards to requiring awards to exceed the greater of commissioners' awards or the last written offer by at least 10%.

Added provision allowing fee reimbursement when jury trials are requested by both parties and jury awards exceed 90% of the greater of commissioners' awards or last written offer.

REQUIREMENT

Added requirement that written offers of just compensation must be made within 75 days after commissioners' report is filed to qualify for fee reimbursement.

TIMELINE

Modified notice procedures for jury trials to include specific timeframes for filing exceptions and demands, with provisions for extending deadlines up to 20 days upon application.

SCOPE

Expanded scope to explicitly include right-of-way for oil and gas pipelines in reimbursement provisions.

House Committee Substitute → HB2036 (5-06-25) (MURDOCK) FS FA1.PDF · 3 edits

MINOR

This bill changes the legislative version from a committee substitute to a floor substitute, indicating it has moved through the legislative process and is ready for floor consideration. The substantive content of the bill regarding eminent domain reimbursement rules appears unchanged, with only formatting and markup differences between the two versions.

Scope change

No substantive scope change; the bill's applicability to eminent domain proceedings remains the same.

TECHNICAL

Changed document title from 'COMMITTEE SUBSTITUTE' to 'FLOOR SUBSTITUTE' and added 'ENGROSSED' designation, indicating the bill has been amended by both houses and is ready for final floor action.

Added a bracketed summary line describing the bill's purpose (condemnation reimbursement, appeals, trials, and effective date) which was not present in the committee version.

Minor formatting changes including spacing adjustments and removal of some line breaks in the bill text.

Proposed Committee Substitute (full committee) 1 → House Committee Substitute · 5 edits

MODERATE

This bill amends Oklahoma's eminent domain laws to expand reimbursement rights for property owners when condemnation proceedings fail or result in higher jury awards. The changes allow owners to recover legal, appraisal, and engineering fees when a jury rejects a condemning authority's offer by at least 10%, and when proceedings are abandoned or property cannot be acquired. The bill also updates notice requirements for commissioners' reports and jury trial demands.

Scope change

Expanded to include right-of-way for oil and gas pipelines in addition to existing condemnation scenarios

ELIGIBILITY

Property owners can now be reimbursed for attorney, appraisal, and engineering fees when a jury award exceeds the condemning authority's offer by at least 10%

Reimbursement eligibility now includes cases where condemnation proceedings are abandoned or property cannot be acquired by condemnation

REQUIREMENT

Updated notice procedures for commissioners' reports, requiring court clerks to forward reports and time limit notices to all parties and publish notices for parties served by publication

TIMELINE

Extended time limits for filing exceptions and jury trial demands, with provisions for court-ordered extensions up to 20 days

SCOPE

Explicitly expanded eminent domain provisions to include right-of-way for oil and gas pipelines

Enrolled (final version) → Proposed Committee Substitute (full committee) 1 · 5 edits

MODERATE

The bill was completely rewritten by the committee to clarify and expand provisions related to eminent domain reimbursement. The committee version adds specific language about right-of-way for oil and gas pipelines, clarifies when jury trial requests trigger reimbursement eligibility, and makes gender-neutral language changes. The substantive policy changes focus on when property owners can receive reimbursement for legal fees when condemnation proceedings fail or when jury awards significantly exceed offers.

Scope change

The bill now explicitly includes right-of-way for oil and gas pipelines in its scope, and clarifies that reimbursement applies when jury awards exceed offers by at least 10% (or 90% in specific circumstances).

SCOPE

Added explicit inclusion of right-of-way for oil and gas pipelines to the bill's scope

ELIGIBILITY

Changed reimbursement threshold from unspecified to requiring jury awards to exceed the greater of commissioners' award or last written offer by at least 10%

Added new scenario where reimbursement applies when jury trial is requested by both parties and award exceeds 90% of the greater of commissioners' award or last written offer

REQUIREMENT

Changed gender-specific language (his/his or her) to gender-neutral language (his reasonable attorney fees)

TECHNICAL

Reformatted and reorganized the statutory language for clarity and consistency

Engrossed → Enrolled (final version) · 6 edits · May 21, 2025

MODERATE

The bill was finalized from its engrossed version with several substantive changes including gender-neutral language, updated statutory references, and clarified reimbursement thresholds for legal fees in condemnation cases. The enrolled version also adds a subject line and refines the effective date language while maintaining the core provisions about when property owners can recover attorney fees.

Scope change

The bill's scope expanded to explicitly include oil and gas pipelines in the right-of-way provisions and clarified applicability of reimbursement requirements across different condemnation scenarios.

LANGUAGE

Changed gender-specific language like 'his' to gender-neutral terms like 'his or her' throughout the statute

DEFINITION

Updated references to court administrator roles to reflect current administrative structure

REQUIREMENT

Clarified reimbursement thresholds for attorney fees when jury awards exceed commission awards by 10% or 90% depending on who requested the jury trial

Added subject line and refined bill description to better reflect all provisions

SCOPE

Added explicit mention of oil and gas pipelines in the right-of-way provisions

TIMELINE

Maintained 75-day deadline for written compensation offers but clarified the timing calculation

Amended And Engrossed → Engrossed · 5 edits · May 7, 2025

MODERATE

This bill amendment updates the title and enacting clause to reflect Senate involvement, clarifies the reimbursement thresholds for attorney and appraisal fees in eminent domain cases, and adds specific notice requirements for commissioners' reports in condemnation proceedings. The changes ensure consistency between House and Senate versions while strengthening protections for property owners facing condemnation.

Scope change

The bill's scope remains focused on eminent domain reimbursement and condemnation procedures, but eligibility for fee reimbursement now includes scenarios where jury awards exceed court-appointed commissioner awards by at least 10%, and notice procedures have been expanded to include publication requirements for parties served by publication.

TITLE

Changed 'ENGROSSED SENATE AMENDMENT TO ENGROSSED HOUSE BILL' to 'ENGROSSED HOUSE BILL' to reflect the current legislative status.

ELIGIBILITY

Updated reimbursement eligibility criteria to clarify that fee reimbursement applies when jury awards exceed court-appointed commissioner awards by at least 10%, and when jury trials are requested by both parties.

REQUIREMENT

Added requirement that court clerks must forward commissioners' reports and notice of time limits to all parties, including unrepresented condemnees, and publish notices in newspapers for parties served by publication.

TIMELINE

Established that time limits for filing exceptions and jury trial demands are calculated from the date the commissioners' report is filed, with provisions for extending deadlines up to 20 days if clerk fails to provide notice.

DEFINITION

Revised statutory language to ensure gender-neutral terminology and updated references to align with current Oklahoma Statutes.

Introduced → Amended And Engrossed · 4 edits · May 7, 2025

MODERATE

This amendment expands the bill's scope to include right-of-way for oil and gas pipelines, updates the statutory title and description to reflect broader applicability, and makes gender-neutral language changes. It also refines reimbursement thresholds and clarifies procedural requirements for eminent domain cases.

Scope change

The bill now explicitly includes right-of-way for oil and gas pipelines in addition to previously covered property types, expanding the scope of reimbursement eligibility.

SCOPE

Added right-of-way for oil and gas pipelines to the list of property types eligible for reimbursement of condemnation expenses.

REQUIREMENT

Updated the statutory title and summary to reflect expanded applicability and gender-neutral language throughout the bill.

TECHNICAL

Revised statutory references and procedural language to align with updated Oklahoma Statutes and ensure clarity in reimbursement calculations.

TIMELINE

Adjusted timeframes for filing exceptions and jury trial demands to ensure consistency with current court procedures.

Condemnation proceedings; establishing requirements for reimbursement of certain expenses; effective date.

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