Oklahoma legislation · 2026 Regular Session
Oklahoma HB3453: Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.
Status: In committee, April 1, 2026
What the bill says
An Act relating to eminent domain; establishing burdens of proof; providing for award of attorney fees and costs to prevailing property owner; providing for codification; and providing an effective date.
From the engrossed text, March 25, 2026:
An Act relating to eminent domain; establishing burdens of proof; providing for award of attorney fees and costs to prevailing property owner; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 42 of Title 27, unless there is created a duplication in numbering, reads as follows: A. In any judicial condemnation proceeding, other than those authorized by Section 7 of this title, or any proceeding authorized under Title 52 of the Oklahoma Statutes, the owner of an interest in property sought to be condemned shall be entitled, through the timely filing of an exception to the report of the commissioners in such proceeding, to a hearing on the issues of public use or necessity of the taking. At any such hearing, the condemning authority shall bear the burden of proving by a preponderance of the ENGR. H. B. NO. 3453 Page evid ence that the proposed taking is for a public use authorized by law, and that the property sought to be taken is reasonably necessary to accomplish that public use. The burden of proof shall remain with the condemning authority at all times, and a resolution or declaration of necessity from …
Sponsors
- Annie Menz (D, HD-045)
- Jonathan Wilk (R, HD-020)
Latest actions
- : Second Reading referred to Judiciary
- : First Reading
- : Engrossed, signed, to Senate
- : Referred for engrossment
- : Third Reading, Measure passed: Ayes: 91 Nays: 4
- : Amended by floor substitute
- : Coauthored by Representative(s) Menz
- : General Order
- : Authored by Senator Reinhardt (principal Senate author)
- : CR; Do Pass, amended by committee substitute Judiciary and Public Safety Oversight Committee
Votes
- Third Reading (March 25, 2026): 91 yea, 4 nay, passed
- Floor Vote (March 3, 2026): 13 yea, 0 nay, passed
- Floor Vote (February 19, 2026): 8 yea, 0 nay, passed
- Civil Judiciary Committee (February 19, 2026): 8 yea, 0 nay, passed
Subjects: Property, Named Acts, Eminent Domain
Common questions
- What is HB3453?
- HB3453 is a bill in the Oklahoma Legislature (2026 Regular Session): Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.
- What does HB3453 do?
- In its own words: An Act relating to eminent domain; establishing burdens of proof; providing for award of attorney fees and costs to prevailing property owner; providing for codification; and providing an effective date.
- What is the status of HB3453?
- In committee as of April 1, 2026. Latest action: Second Reading referred to Judiciary (April 1, 2026).
- Who sponsored HB3453?
- Annie Menz (D, HD-045), with 1 co-sponsor.
- Where is the official record for HB3453?
- On the Oklahoma Legislature website: https://www.oklegislature.gov/BillInfo.aspx?Bill=HB3453&Session=2600
Source: official Oklahoma record. Tracked by Delilah, AI for legislation across all 50 states and Congress.