Turnpike officials evaluating whether they are subject to new Landowners Bill of Rights

The Oklahoma Turnpike Authority on Friday reported it is evaluating whether it will follow a “Landowner’s Bill of Rights” signed into law this week that was inspired by what critics say is a heavy-handed approach to acquiring property to build new toll roads.

Rep. Eric Roberts, R-Oklahoma City, and Rep. Annie Menz, D-Norman, authored HB 3159, which was signed into law by Gov. Kevin Stitt and is set to go into effect on Nov. 1. The law was sought by Norman-area residents who face losing their homes for construction of a new toll road as part of the turnpike authority’s ACCESS Oklahoma.

“This bill is a big win for the people of East Norman,” Menz said. “This law is necessary because for one reason or another, people's property is taken from them under the duress of eminent domain, and it's only fair that they are offered that property back if it goes unused.”

An investigation by The Oklahoman in 2022 showed some of the state’s most active homebuilders and developers bid on properties acquired by the Oklahoma Turnpike Authority and then declared surplus after roads are built. The properties are then sold at auction. Hundreds of new homes have been built along newer segments of the Kilpatrick Turnpike and other new toll roads in Oklahoma.

More: Does the turnpike authority have an unfair advantage over homeowners? This family fought and won

Lisa Shearer-Salim, turnpike authority spokeswoman, said the agency was uncertain whether the law applied to the agency. The turnpike authority uses eminent domain when a negotiated purchase cannot be achieved and the matter then goes to a panel of commissioners who weigh appraisals and then, if necessary, to a jury trial.

“OTA is still evaluating this new law,” Shearer-Salim said. “If applicable, we believe it will have little impact on the manner in which the agency acquires property and sells surplus property. OTA does and will follow all applicable statutes.”

Menz said the new law is not aimed only at the turnpike authority, but its use of eminent domain played a factor in the drafting of the bill. She also said it does apply to the turnpike authority and the Oklahoma Department of Transportation.

Law a bipartisan response to Oklahoma Turnpike Authority, ACCESS Oklahoma

The Landowners Bill of Rights is the second successful, significant bipartisan response to criticism against the turnpike authority and ACCESS Oklahoma, a $5 billion, 15-year program that includes construction of three new turnpikes in addition to widening and new access points along existing toll roads.

In addition to being authored by Menz and Roberts, HB 3159 was carried in the Oklahoma Senate by Todd Gollihare, R-Kellyville. The bill passed unanimously in the Oklahoma Senate and drew one lone “no” vote from Rep. Kevin Wallace, R-Wellston, in the House.

“If the state acquires land via eminent domain from a landowner and subsequently decides to sell it publicly, it's only fair that the original landowner has the right to repurchase the land before it is offered to anyone else," Roberts said. "Eminent domain shouldn't be used to transfer land from one private party to another.”

Steve Lackmeyer started at The Oklahoman in 1990. He is an award-winning reporter, columnist and author who covers downtown Oklahoma City, urban development and economics for The Oklahoman. Contact him at slackmeyer@oklahoman.com. Please support his work and that of other Oklahoman journalists by purchasing a subscription today at subscribe.oklahoman.com.

This article originally appeared on Oklahoman: OTA use of eminent domain targeted by bipartisan Oklahoma law