Oklahoma legislation · 2026 Regular Session
Oklahoma HB3758: Eminent domain; just compensation; definition; enhanced compensation; comparable-replacement standard; partial taking compensation; prohibitions; non-waiver protection; effective date.
Status: In committee, February 16, 2026
What the bill says
An Act relating to eminent domain; amending 27 O.S. 2024, Section 27-16, which relates to just compensation; modifying the definition of just compensation; providing enhanced compensation; providing a comparable-replacement standard; clarifying partial-taking compensation; prohibiting project influence; providing valuation-date standards; providing non-waiver protections; and providing an effective date.
From the introduced text, January 15, 2026:
An Act relating to eminent domain; amending 27 O.S. 2024, Section 27-16, which relates to just compensation; modifying the definition of just compensation; providing enhanced compensation; providing a comparable-replacement standard; clarifying partial-taking compensation; prohibiting project influence; providing valuation-date standards; providing non-waiver protections; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 27 O.S. 2021, Section 16, is amended to read as follows: Section 16. A. In every case wherein private property is taken or damaged for public use, the person whose property is taken or damaged shall be entitled to just compensation. B. 1. "Just compensation", as used in subsection A of this section, shall mean the value of the property taken, and in addition, any injury to any part greater of the property not taken: a. one hundred fifty percent (150%) of the fair market value of the property taken, or Req. No. 15333 Page b. the amount necessary for the owner to purchase a comparable replacement property within the same community. "Comparable replacement property" means property of similar size, location, use, utility, access, zoning, and improvements suitable for the owner's needs. If no such comparable property exists within the community, compensation shall reflect the cost of a substantially similar property in the nearest comparable community. 2. Any special …