“The highest respect for property rights is to get out of the way of the local owners and let them decide for themselves.” John O’Connor.
O’Connor Urges Local Decision-Making
A new voice has entered the heated debate over renewable energy setbacks in Oklahoma. Former Attorney General John O’Connor told lawmakers this week that decisions about wind and solar farms should be made by local voters — not politicians at the state Capitol.
Speaking at a House Energy Committee hearing, led by Rep. Nick Archer (R-Elk City), O’Connor said:
“No matter what you do here, you’re affecting someone. The highest respect for property rights is to get out of the way of the local owners and let them decide for themselves.”
O’Connor argued that counties should be empowered to increase setbacks for turbines or solar farms if residents vote for them.
Emphasis on Property Rights
O’Connor presented formal talking points and reminded legislators that Oklahoma law and the state Constitution recognize the primacy of local voters in land-use decisions.
“The Legislature needs to be diligent to avoid trampling on the rights of local voters to decide local issues like land use and protection of their economic interests,” O’Connor told the panel.
He added:
“The decision of whether a county should have turbines should be up to the counties. Big money wants to come in to Oklahoma and harvest the land.”
Debate on Renewable Energy Projects
The committee also heard from other experts and advocates on both sides of the renewable energy issue.
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Alan Claus Anderson, a national energy attorney representing renewable developers, warned Oklahoma against adopting restrictive laws like Arkansas.
“If you do what Arkansas does, you will not have projects — that’s not science and Arkansas will not allow the electricity we need.”
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Lisa Linowes, WindAction Group, countered that current protections are weak and argued developers profit at the expense of Oklahomans.
“It’s cheap and profitable in your state — developers are making enormous money from these projects.”
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J.W. Thompson, an Ohio-based advocate, said rural residents suffer the most.
“They have lost their local voice. Clean energy should listen to the people who should have a say.”
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Virginia Pflum, a landowner in Logan and Noble counties, shared negative experiences after leasing land for turbines, saying her property and quality of life were impacted.
O’Connor’s Legal Report
The former attorney general also submitted a detailed legal report to lawmakers:
Study presented to the committee: Local Voices Best Govern Local Land Use Wind & Solar Uses
By John M. O’Connor
When one considers a “taking,” one generally thinks in terms of a physical taking of a landowner’s property. However, at a more fundamental level, a taking exists when the government takes from the local property owners the right to make decisions affecting their properties.
Oklahoma law has long recognized the primacy of local communities in deciding land use and restrictions involving local land. 11 O.S. §43-101; 11 O.S. §44-110.
Statewide decisions controlling land use usurp the landowners’ rights to make those decisions. The Legislature decides that it knows what is best for the landowners and crams a law down their throats…for various reasons. The landowners’ economic interests are taken indirectly, by sweeping legislation, without due process or compensation. See, Okla. Const., Art. 2, Bill of Rights, § 7.
The highest respect for property rights is to get out of the way of the local owners and let them decide for themselves. The State can sponsor incentives that motivate owners to make certain decisions, but the State should not override the right to make those decisions at the local level.
The Legislature needs to be diligent to avoid trampling on the rights of local voters to decide local issues like land use and protection of their economic interests. Political power does not reside in the politicians in the first instance. Note these promises made by the people of Oklahoma to each other in the Oklahoma Constitution and Laws:
1. Oklahomans hold in themselves all political power, which is decision-making authority. They formed state government to serve at their pleasure and delegated some powers to state government:
1.1 Oklahomans adopted a Constitution with a Bill of Rights:
“All political power is inherent in the people; and government is instituted for their protection, security, and benefit, and to promote their general welfare; and they have the right to alter or reform the same whenever the public good may require it;…” Okla. Const., Article 2 – Bill of Rights, Section 1 – Political
Power – Purpose of government – Alteration or reformation.
1.2 Oklahomans reserved to themselves the power to vote measures into law and to override the decisions of the legislature, through Initiative and Referendum Powers:
“The Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives; but the people reserve to themselves the power to propose laws and amendments to the Constitution
and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Const., Art. 5, § 1.
2. There is authority for the Legislature to allow voters in each county to decide in an election to allow local voters to decide local land use issues. Oklahomans reserved to county voters the powers to vote and make decisions in each county:
2.1 Reservation to county voters the authority to approve or deny Initiative Petitions and Referendums: “The powers of the initiative and referendum reserved to the people by this
Constitution for the State at large, are hereby further reserved to the legal voters of every county and district therein, as to all local legislation, or action, in the administration of county and district government in and for their respective counties and districts.” Const., Art. 5, § 5.
2.2 Reservation to county voters the authority to abolish and restore townships and governments: “Each county in the State of Oklahoma may by a majority of the legal voters of such county voting upon the proposition, abolish township organization or
government…”
“At any general election after the abolition of township organization or government the question of returning to township government may be submitted as provided for the submission of the question of abolishing such government, and if a majority of the votes cast upon such question be in favor of township government the same shall thereupon be established…” Okla.
Const., Art. 5, § 5a.
2.3 Reservation to county voters the authority to levy taxes including, for example, for public libraries and library services:
“To provide funds for the purpose of establishing and maintaining or aiding in establishing and maintaining public libraries and library services, a special annual recurring ad valorem tax shall be levied when such levy is approved by a majority vote of the qualified electors of the county voting on the question at an election called for that purpose by the Board of County Commissioners, either upon its own initiative or upon petition initiated by not less than ten percent (10%) of the qualified electors of the county based on the total number
of votes cast at the last general election for the county office receiving the highest number of votes at such an election…” Okla. Const., Art. 10, § 10A. Added 1959.
2.4 Oklahomans granted the Legislature the authority to empower county voters to levy assessments for County, City Municipal improvements: “The Legislature may authorize county and municipal corporations to levy and collect assessments for local improvements upon property benefited thereby, homesteads included, without regard to a cash valuation.” Okla. Const., Art. 10, § 7.
2.5 Oklahomans granted the Legislature the authority to empower county voters to levy taxes for County, City Municipal purposes: “The Legislature shall not impose taxes for the purpose of any county, city, town, or other municipal corporation, but may, by general laws, confer on the proper authorities thereof, respectively, the power to assess and collect such taxes.” Okla. Const., Art. 10, § 20.
3. Oklahomans support the rights of owners of private property, including the right to be safe from unjust interference by our neighbors. Oklahomans have recognized and supported restrictions on the property rights of our neighbors, to protect our own property rights.
3.1 Burn bans protect us and our property from the conduct of our neighbors:
“A. 1. It is unlawful for any person to set fire to any forest, grass, range, crop, or other wildlands, or to build a campfire or bonfire, or to burn trash or other material that may cause a forest, grass, range, crop or other wildlands fire in any county, counties or area within a county where, because of emergency drought conditions, there is gubernatorially proclaimed extraordinary danger from fire, unless the setting of any backfire during the drought emergency is necessary to afford protection as determined by a representative of the Division of Forestry, or unless it can be established that the setting of the backfire was necessary for the purpose of saving life or property. The burden of proving the necessity shall rest on the person claiming a defense.
2. The Division of Forestry shall advise the Governor when the lands described in paragraph 1 of this subsection in any county, counties or area within a county of this state because of emergency drought conditions are in extraordinary danger from fire. The Governor may by proclamation declare a drought emergency to exist and describe the general boundaries of the area affected…
B. 1. It is unlawful for any person to set fire to any forest, grass, range, crop or other wildlands, or to build a campfire or bonfire, or to burn trash or other material that may cause a forest, grass, range, crop or other wildlands fire in any county of this state in which the board of county commissioners of the county has passed a resolution declaring a period of extreme fire danger…
2. A majority of the board of county commissioners may call an emergency meeting at any time to pass or revoke a resolution declaring a period of extreme fire danger in accordance with this section.” 2 O.S. 16-26(A) and (B) 4. Some restrictions, or takings, are imposed for the community’s welfare.
4.1 A “taking” of our property requires due process of law:
“No person shall be deprived of life, liberty, or property, without due process of law.” Okla. Const., Art. 2, Bill of Rights, § 7.
4.2 Taking or damaging private property for private use, such as private ways of necessity, drainage for agriculture, mining, or sanitary purposes, with statutory safeguards: “No private property shall be taken or damaged for private use, with or without compensation, unless by consent of the owner, except for private ways of necessity, or for drains and ditches across lands of others for agricultural, mining, or sanitary purposes, in such manner as may be prescribed by law.” Okla. Const., Art. 2, Bill of Rights, § 23.
4.3 Taking or damaging private property for public use:
“Private property shall not be taken or damaged for public use without just compensation. Just compensation shall mean the value of the property taken, and in addition, any injury to any part of the property not taken…” Okla. Const., Art. 2, Bill of Rights, § 24.
Oklahoma law sets a higher standard than federal law by clarifying that “public use” cannot include condemnation for mere economic development—only genuine public purposes qualify.
4.4 Right to hunt, fish, trap, harvest game and fish:
“All citizens of this state shall have a right to hunt, fish, trap, and harvest game and fish, subject only to reasonable regulation as prescribed by the Legislature and the Wildlife Conservation Commission. The Wildlife Conservation Commission shall have the power and authority to approve methods, practices and procedures for hunting, trapping, fishing and the taking of game and fish…” Okla. Const., Art. 2, Bill of Rights, § 36.
4.5 Taxation:
“The Legislature shall pass no law exempting any property within this State from taxation, except as otherwise provided in this Constitution.” Const., Art. 5, § 50.
4.6 Rights to construct lines:
“Every railroad, oil pipe, car, express, telephone or telegraph corporation or association organized or authorized to do a transportation or transmission business under the laws of this State for such purpose, shall, each respectively, have the right to construct and operate its line between any points in this State,
and as such to connect at the State line with like lines; and every such company shall have the right with its road or line, to intersect, connect with, or cross any railroad or such line.” Okla. Const., Art. 9, § 2.
4.7 Nuisance (public and private):
Owners must not use their property in a way that creates a public or private nuisance (e.g., excessive noise, pollution, hazardous conditions) that unreasonably interferes with their neighbors’ enjoyment of their properties.
50 O.S. §§ 2, 10; common law.
A public nuisance is an act that affects an entire community or a significant number of people, like a factory emitting pollutants into a neighborhood or an industrial plant polluting a river.
A private nuisance is one that impacts an individual. This could be a tree from their property dangerously overhanging a neighbor’s property.
4.8 Rural Character or Safety Setbacks:
Counties are currently authorized to set or approve setbacks and building lines from major highways. 19 O.S. 863.11.
CONCLUSIONS:
The Constitution and Laws are clear:
1. The people of Oklahoma own the first right to make all decisions.
2. Areas of primarily local concern and historically local decision-making should not be usurped by politicians from halfway across the State.
3. A vote by the people, in the County voting booths, is the true and greatest way to respect individual property rights.
Why This Matters
The Oklahoma debate reflects a national struggle over how much control local residents should have in the siting of renewable energy projects. Setback laws — the required distance between turbines, solar farms, and homes — are becoming a flashpoint in statehouses and counties across the U.S.
