This bill establishes new standards for the judicial review of eminent domain cases in Oklahoma, emphasizing the rights of property owners. It introduces the concept of "de novo judicial review," which allows courts to independently assess all legal and factual questions related to public use and necessity without deferring to the findings of the condemning authority. The bill mandates that any determination made by a condemning authority regarding public use and necessity is subject to this independent review, and it requires strict construction of eminent domain statutes in favor of property owners. The burden of proof lies with the condemning authority, which must demonstrate that the taking is necessary and that no feasible alternatives exist.
Additionally, the bill outlines specific disclosure requirements for condemning authorities, mandating that they provide property owners with relevant studies and analyses at least 60 days before a hearing on necessity. Property owners are granted the right to conduct discovery and issue subpoenas, ensuring they have access to necessary information. If the condemning authority fails to prove its case during the hearing, the property owner is entitled to recover reasonable attorney fees and costs. The act is set to take effect on November 1, 2026.