Oklahoma property owners who've had their land seized by the state will have a fresh shot at reclaiming their past holdings when a new bill takes effect on Saturday. The Oklahoma Transportation Commission will soon be implementing a revised procedure that mandates notifying former property owners in the event that seized land is put up for sale, allowing them the opportunity to repurchase the property at the original price they sold it for. This development stems from the passage of House Bill 1103, led by Rep. Tom Gann, R-Inola, and it seeks to amend the state's current practices concerning land acquired through eminent domain.
According to a report provided by Oklahoma House Media Services, the bill was inspired by Myron Grabowski, a resident in Gann's district who observed the process of land acquisition by the Oklahoma Department of Transportation, noting the lack of notification for the original owners when the land was later sold. "I just want what's right for the people of Oklahoma," Grabowski stated, bringing this issue to the attention of local lawmakers. As a result, the law's authors believe it rectifies a an oversight by ensuring previous owners have a better chance at regaining their property.
Rep. Tom Gann emphasized that the bill will enlarge the window from 30 to 90 days during which previous owners can stake their claim to the property, and it outlines clear notification stipulations for the Commission. This change, as Gann articulated, adds a layer of openness to the land sale process, which will be bolstered by an online publication requirement. Sen. Ally Seifried, R-Claremore, who is the Senate author of the bill, expressed that "If land acquired by the Department of Transportation is later sold, the original owner deserves the first opportunity to buy it back at a fair price." Sen. Seifried sees this legislation as a triumph for property owners' rights after a collaborative two-year effort.
Co-author Rep. Mark Lepak, R-Claremore, emphasized another significant alteration — the removal of the five-year timeframe for notifying former owners about the sale. This eliminates the Commission’s ability to wait for property values to rise before selling, a practice Lepak found counterintuitive to fairness, "By removing the five-year requirement, we're disincentivizing the Commission from holding onto property so they can sell it at an increased price," Lepak said. The revised rules also stipulate that notice of a land sale must be communicated through registered mail and posted on the Department of Transportation's website, ensuring a fair offer to the original landowner.
