OKLAHOMA CITY – After Nov. 1, the Oklahoma Transportation Commission will be required to notify previous property owners if the land they sold to the Commission is going to be offered for sale. The property owners would then have the right to repurchase at their original selling price.
The change comes thanks to House Bill 1103, passed this year by Rep. Tom Gann, R-Inola.
The measure was requested by Myron Grabowski who lives in Gann’s House district.
“Mr. Grabowski witnessed the taking of another person’s land by the Oklahoma Department of Transportation and then found out it was later sold without any notification to the property owner,” Gann said. “This new law at least will give people in similar circumstances the ability to repurchase land that was taken from them by eminent domain.”
For his part, Grabowski said, “I just want what’s right for the people of Oklahoma.”
Sen. Ally Seifried, R-Claremore is the Senate author of the bill.
“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,” Seifried said. “This change in law is simply the right thing to do for Oklahoma property owners. I’m proud to see this bill become law after two years of work and grateful to have partnered with Representatives Gann and Lepak on this issue. Although a previous version of the bill passed the Senate, it didn’t receive a hearing in the House, so I’m glad to see this finally come to fruition.”
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 previous identical legislation.
“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. “This will hopefully encourage the Commission to more quickly offer property back to the original owner, giving them the opportunity to reclaim their land.”
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.
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Tom Gann serves District 8 in the Oklahoma House of Representatives. His district includes parts of Mayes, Rogers and Wagoner counties.
