Bill Number: OK51RHB 1482 Filed: 01-19-2007
Author: Hickman
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 HOUSE BILL 1482 By: Hickman
3 AS INTRODUCED
4 An Act relating to eminent domain; amending 11 O.S.
5 2001, Section 40-109, which relates to relocation
6 assistance; stating additional assistance; limiting
7 power of eminent domain; amending 27 O.S. 2001,
8 Section 16, which relates to just compensation;
9 requiring certain relocation assistance; amending 62
10 O.S. 2001, Section 854, as last amended by Section 2,
11 Chapter 210, O.S.L. 2005 (62 O.S. Supp. 2006, Section
12 854), which relates to Local Development Act;
13 expressing that act does not grant certain power;
14 amending 63 O.S. 2001, Sections 1092.2 and 1094,
15 which relate to relocation assistance; requiring
16 certain assistance for any project that involves
17 certain acquisition of property; and declaring an
18 emergency.
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
20 SECTION 1. AMENDATORY 11 O.S. 2001, Section 40-109, is
21 amended to read as follows:
22 Section 40-109. Before any redevelopment project shall be
23 initiated under this act, a relocation assistance plan shall be
24 approved by the redevelopment trust proposing to undertake the
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1 project. Such relocation assistance plan shall:
2 1. Provide for relocation payments to be made to persons,
3 families and businesses who move from real property or who move
4 personal property from real property as a result of the acquisition
5 of the real property by the city in carrying out the provisions of
6 this act, the plan to specify the time and manner of any such
7 payments agreed to;
8 2. Provide that no persons or families residing in the
9 project area shall be displaced unless and until there is a suitable
10 housing unit available and ready for occupancy by such displaced
11 person or family at rents within their ability to pay. Such housing
12 units shall be suitable to the needs of such displaced persons or
13 families and must be a decent, safe, sanitary and otherwise standard
14 dwelling;
15 3. Provide for the payment of any damages sustained by a
16 retailer by reason of the liquidation of inventories necessitated by
17 relocation; and
18 4. Provide for [conformance with requirements promulgated]
19 relocation assistance equivalent to that required and allowable
20 under the Federal Uniform Relocation Assistance and Real Property
21 Acquisition Policies Act of 1970, [as amended] 42 U.S.C.A., Section
22 4601 et seq., regardless of whether the project is otherwise subject
23 to such federal act.
24 SECTION 2. AMENDATORY 27 O.S. 2001, Section 16, is
25 amended to read as follows:
26 Section 16. A. In every case wherein private property is
27 taken or damaged for public use, the person whose property is taken
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1 or damaged shall be entitled to just compensation.
2 B. "Just compensation", as used in subsection A of this
3 section, shall mean the value of the property taken, and in
4 addition, any injury to any part of the property not taken. Any
5 special and direct benefits to the part of the property not taken
6 may be offset only against any injury to the property not taken. If
7 only a part of a tract is taken, just compensation shall be
8 ascertained by determining the difference between the fair market
9 value of the whole tract immediately before the taking and the fair
10 market value of that portion left remaining immediately after the
11 taking.
12 C. Any public entity exercising the power of eminent domain
13 shall provide relocation assistance and follow procedures equivalent
14 to those required and provided in the Federal Uniform Relocation
15 Act, 42 U.S.C.A., Section 4601 et seq., regardless of whether the
16 project is otherwise subject to such federal act.
17 SECTION 3. AMENDATORY 62 O.S. 2001, Section 854, as
18 last amended by Section 2, Chapter 210, O.S.L. 2005 (62 O.S. Supp.
19 2006, Section 854), is amended to read as follows:
20 Section 854. In addition to any other powers conferred by
21 law, a city, town or county may exercise any powers necessary to
22 carry out the purpose of this act, including power to:
23 1. Establish districts and create plans pursuant to the
24 provisions of this act;
25 2. Cause project plans to be prepared, to approve the plans,
26 and to implement the provisions and effectuate the purposes of the
27 plans;
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1 3. Cause bonds to be issued by public entities as provided
2 for in Section 863 of this title;
3 4. Apportion local taxes or local fees and direct the use of
4 local taxes and local fees for the purpose provided for in this act.
5 Pursuant to Section 6C of Article X of the Constitution of the State
6 of Oklahoma, a direction of apportionment may be prospective and may
7 continue for one (1) or more years, and apportioned tax increments
8 may be pledged beyond the current fiscal year to the repayment of
9 indebtedness of other public entities, notwithstanding the
10 provisions of Section 26 of Article X of the Constitution of the
11 State of Oklahoma or any other provisions of law;
12 5. Enter into any contracts or agreements determined by the
13 governing body to be necessary or convenient to implement the
14 provisions and effectuate the purposes of project plans;
15 6. Receive, from the federal government or the state, loans
16 and grants for, or in aid of a project and to receive contributions
17 from any other source to defray project costs;
18 7. Grant tax incentives or exemptions in the manner provided
19 for in this act;
20 8. Acquire by purchase, donation or lease, and own, convey,
21 lease, mortgage, or dispose of land and other property, real or
22 personal, or rights or interests therein;
23 9. Clear and improve property acquired by it pursuant to the
24 project plan and construct public facilities on it or contract for
25 the construction, development, redevelopment, rehabilitation,
26 remodeling, alteration, or repair of the property;
27 10. Cause parks, playgrounds, or schools, including capital
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1 improvements to public schools, or water, sewer, or drainage
2 facilities or any other public improvements which it is otherwise
3 authorized to undertake, to be laid out, constructed, or furnished
4 in connection with the project;
5 11. Lay out and construct, alter, relocate, change the grade
6 of, make specific repairs upon, or discontinue public ways and
7 construct sidewalks in, or adjacent to, the project area;
8 12. Cause sidewalks, ways for vehicular travel, playgrounds,
9 or water, sewer, or drainage facilities and similar improvements to
10 be constructed within the project area for the particular benefit of
11 the project area or those dwelling or working in it;
12 13. Adopt ordinances or resolutions or repeal or modify such
13 ordinances or resolutions or establish exceptions to existing
14 ordinances and resolutions regulating the design, construction, and
15 use of buildings;
16 14. Sell, mortgage, lease, transfer, or dispose of any
17 property, or interest therein, acquired by it pursuant to the
18 project plan for development, redevelopment, or rehabilitation in
19 accordance with the plan, upon such terms and conditions determined
20 by the governing body to be appropriate for achieving the objectives
21 of the project plan; provided, in the event of disposition by lease
22 or sublease to a lessee not entitled to a tax exemption, the
23 improvements placed thereon shall not be entitled to a tax
24 exemption;
25 15. Incur project costs;
26 16. Designate a public entity to exercise the powers
27 enumerated in this section, except paragraphs 1, 4 and 7 of this
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1 section;
2 17. Invest project revenues as provided in this act; and
3 18. Do all things necessary or convenient to carry out the
4 powers granted in this act and otherwise authorized by the laws of
5 this state. Provided, nothing in the Local Development Act shall
6 be construed to grant a public entity the power of eminent domain or
7 authorize the exercise of such power.
8 SECTION 4. AMENDATORY 63 O.S. 2001, Section 1092.2, is
9 amended to read as follows:
10 Section 1092.2 A. When any department, agency or
11 instrumentality of the state, or any county, municipality, or other
12 political subdivision of the state, or any other public or private
13 entity subject to the provisions of the Federal Uniform Relocation
14 Assistance and Real Property Acquisition Policies Act of 1970, as
15 amended, Public Laws 91-646, and 100-17, Title IV, hereinafter
16 referred to as the Federal Uniform Relocation Act, undertakes any
17 project which results in the acquisition of real property or in any
18 person being displaced from the home, business, or farm of such
19 person, such department, agency or instrumentality of the state,
20 county, municipality or other political subdivision of the state, or
21 other public or private entity [may] is hereby authorized and
22 directed to provide relocation assistance, and make relocation
23 payments to such displaced person and do such other acts and follow
24 such procedures and practices as may be necessary to comply with the
25 provisions of the Federal Uniform Relocation Act. Any public
26 entity exercising the power of eminent domain shall provide
27 relocation assistance and follow procedures and practices equivalent
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1 to those required under the Federal Uniform Relocation Act,
2 regardless whether such project is otherwise subject to the
3 requirements of such federal act.
4 B. Any payment made or to be made pursuant to the [authority
5 granted in] requirements of this section shall be for compensating
6 or reimbursing the displaced person or owner of real property in
7 accordance with or equivalent to the requirements of the Federal
8 Uniform Relocation Act and such payment shall not for any purpose be
9 deemed or considered compensation for real property acquired or
10 compensation for damages to remaining property.
11 SECTION 5. AMENDATORY 63 O.S. 2001, Section 1094, is
12 amended to read as follows:
13 Section 1094. Funds appropriated or otherwise available to
14 any [state agency] entity for the acquisition of real property or
15 any interest therein for a particular program or project shall be
16 available also for obligation and expenditure to carry out the
17 provisions of this act as applied to that program or project.
18 SECTION 6. It being immediately necessary for the
19 preservation of the public peace, health and safety, an emergency is
20 hereby declared to exist, by reason whereof this act shall take
21 effect and be in full force from and after its passage and approval.
22 51-1-6802 MMP 01/08/07
23 Page 1
24 Req. No. 6802
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