Oklahoma Senate passes ban on eminent domain for certain renewable projects, adds review step for high-voltage transmission

The Oklahoma Senate approved Senate Bill 352 on third reading after extended debate, voting 46-0 to pass the measure.

The bill bars use of eminent domain to acquire private property for “facilities for wind energy, solar energy, battery storage, hydrogen gas, or other renewable energy,” and requires out‑of‑state transmission developers proposing more than 300 kilovolts to obtain a certificate of authority from the Oklahoma Corporation Commission before seeking condemnation in district court.

Supporters framed the bill as a protection for rural landowners who contend they have been overridden by courts and private developers. “Private property owners must have protection,” the bill author said during debate, arguing homeowners and landowners should have a stronger voice before takings occur. The author also told senators the change is needed because the state’s eminent domain law dates to 1915 and has not kept pace with modern renewable projects.

Opponents and questioners pressed the author about how the Corporation Commission would set criteria and whether private companies already exercising condemnation authority would be affected. In response the author said some private transmission companies have used district courts to obtain survey rights and condemnations after acquiring parts of a project, and he argued a certificate of authority step would require regulatory review before courts could be asked to authorize takings.

Senator Boren, in debate, raised due‑process concerns about takings and asked whether the law distinguishes “public use” from a mere “public want.” “What’s the difference between a public use and a public want? Convenience,” Boren said, warning that courts have too much power in previous cases. Other senators described recent local fights over transmission routes and survey activity as motivating the measure.

Senate Bill 352 passed 46-0 on final passage. The bill’s author asked unanimous consent to consider the bill as an emergency measure; that motion was granted and the bill was later declared passed as an emergency.

The bill assigns the Oklahoma Corporation Commission a gatekeeping role for high‑voltage transmission projects, but it does not itself set the Commission’s criteria. The measure does not specify compensation formula changes; it focuses on limiting which project types may use eminent domain and on routing larger transmission proposals through the Commission’s certificate process.

Senators emphasized the bill would not prevent private negotiations between landowners and companies — only the use of eminent domain for the enumerated renewable types — and supporters said it restores more negotiating power to landowners.

The Senate record shows wide bipartisan support, with several senators saying recent local experiences motivated their votes. The bill now goes to the Oklahoma House for further consideration if not already sent.