From The Tulsa Beacon

A House committee passed legislation that would restrict the inappropriate use of eminent domain while protecting all legitimate uses.

House Bill 3053, by state Rep. Pat Ownbey, would force agencies to declare unused land surplus and offer to resell it to the original owner after 10 years. The legislation also strengthens notification requirements when using eminent domain to seize property.

“My legislation ensures the proper use of eminent domain so that property owners are not taken advantage of,” Ownbey, R-Ardmore, said. “Too often, after property is acquired by eminent domain, it is not used for the purpose originally cited to justify seizing the property. Sometimes, development that was planned falls through. This bill makes it possible for an individual to get their property back if it is not being used.”

Ownbey said a 1959 Oklahoma Department of Transportation use of eminent domain is an example of what his legislation would address.

“In 1959, the Department of Transportation condemned private property along State Highway 199 in Marshall County and in Carter County to widen the highway to four lanes from Madill to Interstate 35 south of Ardmore,” Ownbey said. “The highway eventually became State Highway 70 from the Carter County line to Madill, but it never became four-lane. To add insult to injury, the Department of Transportation began a project to four-lane the highway in a different area, along Oakland in 2009. Basically, my legislation is saying that if you’re going to take people’s land for public use, you’d better use it as advertised and you’d better do it within five years.”

Chickasha in the 1970s condemned private property for a city lake to be built. In addition to condemning the surface, the city also condemned the mineral rights of the property owners arguing that oil and gas production on the property would contaminate the water supply and would be detrimental to the citizens of Chickasha. Nevertheless, after acquiring the property and mineral rights, Chickasha then leased the minerals for exploration and possible production.

Ownbey said despite the new restrictions, the government would not be hindered from the legitimate use of eminent domain.

“I want to make it clear that there is no loss of eminent domain to a government entity,” Ownbey said. “This legislation is a fair balance between property owners and the government. The time period and sales price will serve the owner, while the power of eminent domain will remain in the hands of government. Surely private property owners deserve some protection from a government entity that has the power to take property from them.”

Oklahoma Farm Bureau Vice President of Public Policy Lori Kromer Peterson said her organization was endorsing Ownbey’s legislation because she supports private property rights.

“One of the top priorities for our organization is private property rights.” Peterson said. “In general the farm bureau would oppose the use of eminent domain, especially when it was not used for some public purpose. We support Representative Ownbey’s legislation because we support the landowners right to purchase their property back if it is not used for the purpose it was taken for.”

Brogdon signs Mt. Vernon Statement

State Senator and gubernatorial candidate Randy Brogdon, R- Owasso, has signed the Mount Vernon Statement.

The Mount Vernon Statement, crafted by various conservative leaders across the country including former Attorney General Meese, The Heritage Foundation, and Concerned Women for America, was written to ignite a constitutional reawakening in the country stating, “The change we urgently need, a change consistent with the American ideal, is not movement away from but toward our founding principles.”

Brogdon, is running on a platform of limited, constitutional government. Brogdon said, “My long-held position is a popular one with the people. I believe in the Constitution and the rule of law and we need documents like this to remind us of our founding principles.

“By signing this statement, I am once again publicly pledging to uphold and defend the constitution of the United States.”