OK SB2113

Condemning authorities must adopt an express, written finding of necessity before initiating condemnation proceedings, identifying statutory authority, describing the precise property interest sought, demonstrating reasonable necessity, and showing no reasonable alternatives exist

Property owners may file a written request for a necessity hearing within 30 days of service of an eminent domain petition, which stays all condemnation proceedings including requests for immediate possession

Condemning authorities bear the burden of proof and must establish public use and necessity by clear and convincing evidence, with no deference given to legislative or administrative declarations of necessity

Courts must conduct de novo review of public use and necessity determinations, with all presumptions favoring retention of private property rather than the condemning authority

Failed condemnation actions result in dismissal with prejudice, prohibition on refiling absent materially changed circumstances, and award of attorney fees, expert fees, and costs to the landowner; effective November 1, 2026