HB 3758: Eminent domain; just compensation; definition; enhanced compensation; comparable-replacement standard; partial taking compensation; prohibitions; non-waiver protection; effective date. - Oklahoma

Introduced → Proposed Committee Substitute (full committee) 1 · 4 edits

MODERATE

The bill was completely rewritten by the committee, replacing the original text with a new version that changes the legal citation from 27 O.S. 2024 to 27 O.S. 2021 and restructures the compensation standards. The core policy regarding eminent domain compensation remains similar, but the statutory foundation and organization have been altered.

Scope change

The bill now applies to amendments of 27 O.S. 2021, Section 16 instead of 27 O.S. 2024, Section 27-16, indicating a change in the underlying statute being modified.

TECHNICAL

The statutory citation changed from 27 O.S. 2024, Section 27-16 to 27 O.S. 2021, Section 16, altering which existing law is being amended.

The effective date remains November 1, 2026, but the document formatting and page numbering were updated to reflect the new committee substitute version.

DEFINITION

The definition of 'just compensation' was reorganized, moving the 150% fair market value option and comparable replacement property standards into a clearer subsection structure.

REQUIREMENT

Enhanced compensation requirements for new state infrastructure projects were retained but renumbered and reorganized under a new subsection C.

Proposed Policy Committee Substitute 1 → Proposed Committee Substitute (sub committee) 1 · 5 edits

MODERATE

The bill was amended from a Policy Committee Substitute to a Subcommittee Substitute, with significant substantive changes to the eminent domain compensation standards. The amendment reorganizes the structure of the bill, updates the statutory citation, and modifies the language regarding just compensation calculations and special benefits offsets. These changes appear to refine how property owners are compensated when their land is taken for public use.

Scope change

The bill's scope remains focused on eminent domain and just compensation standards, but the specific statutory citation changed from 27 O.S. 2024, Section 27-16 to 27 O.S. 2021, Section 16, and the amendment now references a new section number (60-2-16359 instead of 60-2-16088).

TECHNICAL

The bill title was changed from 'PROPOSED POLICY COMMITTEE SUBSTITUTE' to 'PROPOSED SUBCOMMITTEE SUBSTITUTE', indicating a procedural change in how the bill was processed.

The statutory citation was updated from 27 O.S. 2024, Section 27-16 to 27 O.S. 2021, Section 16, and the section number changed from 60-2-16088 to 60-2-16359.

REQUIREMENT

The language regarding just compensation was restructured to clarify that compensation includes the value of property taken plus any injury to remaining property, with special and direct benefits offsetting only specific injuries to the remaining property.

The standard for proving special and direct benefits was changed from 'preponderance of the evidence' to 'clear and convincing evidence', making it harder for condemning authorities to offset compensation with alleged benefits.

The language regarding project influence and pre-condemnation activity was reorganized and slightly modified, maintaining the protection that fair market value cannot be reduced due to these factors.

Proposed Committee Substitute (full committee) 1 → Proposed Policy Committee Substitute 1 · 4 edits

MODERATE

The bill was reclassified from a Committee Substitute to a Policy Committee Substitute, indicating it has been reviewed and refined by policy staff. The substantive changes include updating the statutory citation from 27 O.S. 2021 to 2024 and Section 16 to Section 27-16, reflecting recent legislative reorganization. The core policy content regarding eminent domain compensation standards remains largely unchanged, though the formatting and page numbering were adjusted during the policy review process.

Scope change

No substantive change to the bill's scope or applicability; the changes are primarily administrative and citation updates.

TECHNICAL

Updated statutory citation from 27 O.S. 2021, Section 16 to 27 O.S. 2024, Section 27-16 to reflect current Oklahoma Statutes organization.

Changed document classification from 'Proposed Committee Substitute' to 'Proposed Policy Committee Substitute' indicating policy review completion.

Adjusted page numbering and requirement numbers (Req. No. 16666 to 16088) during policy committee processing.

TIMELINE

Updated document timestamp from February 24, 2026 to February 9, 2026, reflecting earlier policy committee review date.

Eminent domain; just compensation; definition; enhanced compensation; comparable-replacement standard; partial taking compensation; prohibitions; non-waiver protection; effective date.

What changed between versions

How they voted

Actions timeline

Sponsors