Bill allowing property owners to reclaim seized land signed into law

Bill Allowing Property Owners to Reclaim Seized Land Signed into Law

OKLAHOMA CITY (April 28th) – Rep. Tom Gann, R-Inola, today commented on the governor's signing of House Bill 1103, which requires the Oklahoma Transportation Commission to notify a previous property owner if the land they sold to the Commission is going to be offered for sale.

"This was a constituent request bill," Gann said. "This person experienced the taking of his land by the Oklahoma Department of Transportation and then found out it was later sold without any notification to him. This would just give people in similar circumstances the ability to repurchase land that was taken from them by eminent domain."

Sen. Ally Seifried, R-Claremore is the Senate author of the bill.

“This common-sense legislation gives original property owners the right of first refusal if land taken from them is later offered for resale,” Seifried said. “By allowing landowners the chance to reclaim their property at a fair price, this bill enhances property rights and promotes transparency. Above all, this is about doing what's right for those displaced by eminent domain and giving them the chance to recover what was taken from them.”

Gann explained this measure extends the window of time that previous landowners have to reclaim their land – from 30 to 90 days - and specifies notification requirements by the Commission.

The measure also removes the five-year time period the Commission now has to notify previous owners of the sale of the property.

Rep. Mark Lepak, R-Claremore, is a coauthor of the bill and the author of identical legislation that did not previously advance.

"The five-year requirement, if it were to remain, would act as an incentive for the Commission to hold the property for five years so it could be sold at market value, resulting in increased revenue," he explained. "By removing the time limit, it incentivizes the department to more quickly offer the land back to the previous owner."

Gann said the changes "add transparency to the process by requiring online publication of the land sale. This also clarifies eligibility and ensures fair offers to the original landowner rather than allowing the Department of Transportation to profit off of land they've taken."

The notice is to contain an offer to sell the property back to the previous owner at no greater than the original price, provided the previous owner did not use federal funds to purchase the property. Notices must be sent by registered mail and posted on the Department of Transportation's website.

The act becomes effective Nov. 1.

Tom Gann serves District 8 in the Oklahoma House of Representatives. His district includes parts of Mayes, Rogers and Wagoner counties.