STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 2154	By:	Hickman

AS INTRODUCED

An Act relating to eminent domain; amending 27 O.S. 2011, Section 16, which relates to just compensation; requiring a minimum of equivalent terms when private and public property are being acquired for the same project; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     27 O.S. 2011, 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.  “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 of the property not taken.  Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken.  If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole tract immediately before the taking and the fair market value of that portion left remaining immediately after the taking.
C.  When both private property and government-owned property are being acquired in the same project, the party exercising the right of eminent domain shall offer at least equivalent terms for the privately-owned property as offered for the government-owned property.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-6698	EK	01/17/13