When protesters rallied earlier in the month at the Oklahoma state capitol, they complained about the use of eminent domain by utilities wanting to build large transmission lines and by wind and solar farm developers.
Legislators were obviously paying attention, based on the number of bills filed on the very topic of eminent domain. One even wants a constitutional amendment to prevent its use.
HB 1233 by Rep. Kevin West would create restrictions of the taking of private property by eminent domain unless it is for a public use and “with just compensation.”
HB2290 was filed by House Speaker Kyle Hilbert along with Rep. West. It also provides for a resale of surplus condemned property back to the original landowner.
HB1152 by Rep. Chris Banning would establish “just compensation” for the landowner, stating, “In no event shall such amount be less than the approved appraisal of one hundred fifty percent (150%) of the fair market value of such real property.”
Rep. Eric Roberts filed HB1872, which creates the Oklahoma Eminent Domain Act.
HB2036 by Rep. Nick Archer includes reimbursement to landowners if an eminent domain case goes to trial and the land is not acquired.
HB2089 by Rep. John Kane is similar to the Archer bill.
A bill by Rep. Annie Menz, HB2096, would prohibit eminent domain on land that had been set aside for wildlife habitat through the Department of Wildlife Conservation. Another of her bills, HB2100, would prohibit eminent domain for land under the Oklahoma Conservation Commission’s Cost-Share program.
HB2432 by Speaker Hilbert would create the Oklahoma Eminent Domain Act of 2025
Rep. Trey Caldwell’s HB2752 relates to the use of eminent domain for electricity.
“The power of eminent domain shall not be used for the siting
or building of wind turbines energy facilities, solar energy
facilities, battery storage facilities, hydrogen gas facilities, or
other renewable energy facilities on private property.
C. Prior to seeking to exercise eminent domain for an electric
transmission facility rated greater than three hundred (300)
kilovolts, any person, firm, or corporation under the purview of
subsection A of this section, must have obtained a Certificate of
Authority from the Corporation Commission, if required, under Title 17 of the Oklahoma Statutes,” stated Caldwell’s bill.
Coyle Rep. Molly Jenkins has proposed a state constitutional vote on her HJR1003, which would prohibit the use of eminent domain for wind farm development.
“It prohibits the use of eminent domain for the siting or construction of wind turbines on private property. It prohibits the use of eminent domain for transmission lines that transmit electricity from wind energy projects,” according to the resolution.
SB352 by Sen. Todd Gollihare is similar to the joint resolution filed by Rep. Molly Jenkins.
“The power of eminent domain shall not be used for the siting
or building of wind turbines energy facilities, solar energy
facilities, battery storage facilities, or hydrogen gas facilities
on private property.
C. Prior to seeking to exercise the right of eminent domain for
an electric transmission facility rated greater than three hundred
(300) kilovolts, any person, firm, or corporation subject to the
requirements of subsection A of this section shall have obtained a
certificate of authority from the Corporation Commission.”
SB994 by Sen. Warren Hamilton would bar the use of eminent domain for wind and solar projects.
“The power of eminent domain shall not be used for the siting
or building of wind turbines energy facilities, solar energy
facilities, battery storage facilities, hydrogen gas facilities, or
carbon capture and sequestration projects on private property.”
Just how many of the eminent-domain bills make it into law is anyone’s guess.