Journalist: Dylan Davis (OSU)
On Friday, the “Landowner Fairness and Accountability Act” will be presented before the OIL Senate by Sen. Owen Knapp (OU). This act seeks to better protect families throughout the eminent domain process. This process allows the state to take private property for public use for projects such as parks,
roads and other public infrastructure.
Oklahoma law currently provides guidelines for the appraisal and payment of property
acquired through eminent domain. As Oklahoma law currently reads, appraisers must “fairly and
impartially appraise the value” of seized property. After an appraisal is reached, the respective
government must pay at least the appraised value to the owners if it wishes to carry out a lawful
exercise of eminent domain.
The proposed legislation would add additional considerations that governments
throughout Oklahoma would have to take into account through the appraisal process. These new
considerations aim to help people in Oklahoma avoid being disenfranchised from their property
without a more comprehensive and fair review of their circumstances.
One way this bill would help Oklahoma property owners is by automatically adding 15%
to the property’s fair market value payment, which the bill calls “distress compensation.”
Another way this bill would help is by requiring governments to cover the costs of “moving
expenses, business interruption (if applicable), and rental assistance for 12 months.”
Historically, eminent domain has been used by governments throughout Oklahoma. One
example of this occurred in 2018, when an Oklahoma family received a 30-day notice to vacate
their home from the Oklahoma Turnpike Authority(OTA). The family fought the appraisal in the
courts and won a $2.9 million settlement with the OTA. If this legislation had been in place in
2018, this family may not have had to go to the courts to obtain a fair appraisal, as the OTA may
have been required to offer fairer compensation in its initial offer.
Eminent domain has also been an especially significant issue for historically
disadvantaged communities. Examples of this include the construction of interstates and divided
highways through cities such as Tulsa, Oklahoma, in the 20th century. In Tulsa specifically,
projects requiring eminent domain were deliberately carried out in low-income neighborhoods
because of the low property values in those areas, according to an article from Georgetown
University. This allowed the city government to take advantage of low market property values.
This bill aims to prevent these practices in the future by requiring governments and agencies to
cover costs beyond property value.
The proposed legislation will be read in the OIL Senate on Friday afternoon. Property
owners and governments across Oklahoma will be watching intently as the current eminent
domain compensation process is brought into question.