ENGROSSED HOUSE
BILL NO. 3053	By:	Ownbey, Terrill, Faught, Tibbs, Peterson, Ritze, Scott, Kern and Williams of the House

			       and

		Crutchfield of the Senate

( eminent domain – public purpose within certain time – resale – codification – 		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 17 of Title 27, unless there is created a duplication in numbering, reads as follows:
A.  In the event that real property taken by eminent domain under the procedures set forth in Title 27 of the Oklahoma Statutes for a public purpose as described in Section 9 of Title 27 of the Oklahoma Statutes is not used for the purposes for which it was condemned or for another public use by the agency or other entity which acquired the real property within ten (10) years of the date when title to the real property was acquired, the acquiring agency or entity shall declare the property surplus and shall be required to first offer the property for resale to the person from whom the property was taken, or the heirs or assignees of the person, at the original price at which the acquiring agency or entity purchased the property.  
B.  For purposes of complying with subsection A of this section, the agency or entity which acquired the real property by condemnation shall notify the former landowner of the right of first refusal by sending notice by certified mail, return receipt requested, to the last-known address of the person as provided by the person.  If the mail is returned as not subject to delivery, notice shall be provided by publication in a newspaper of general circulation in the community where the real property is located.  If the offer to repurchase is not accepted within ninety (90) days from the date of notice or if the offer to repurchase is not accepted from the date the resale price on the property is determined, the property may then be sold at public sale.
C.  In the event that a portion of the total amount of real property taken by eminent domain under the procedures set forth in Title 27 of the Oklahoma Statutes for a public purpose as described in Section 9 of Title 27 of the Oklahoma Statutes is not used for the purposes for which it was condemned or for another public use by the agency or other entity which acquired the real property, the portion of the real property that is not used shall be declared surplus and shall be first offered for resale to the person from whom the property was taken or the heirs or assignees of the person at the original price at which the acquiring agency or entity purchased that portion of the property.  The procedure providing notice as set forth in subsection B of this section shall apply to the repurchase of a portion of real property as required pursuant to this section.
SECTION 2.  This act shall become effective November 1, 2010.
Passed the House of Representatives the 8th day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate