Oklahoma SB1556 mandates de novo judicial review for eminent domain determinations of public use and necessity.
Oklahoma SB1556 establishes strict standards for judicial review in eminent domain cases. It requires de novo review, meaning a fresh, independent judicial determination of all legal and factual questions regarding public use, necessity, and compliance with the law. The condemning authority must prove by a preponderance of the evidence that the taking is for a public use and that the property is necessary. The bill also mandates strict construction of eminent domain statutes, placing the burden of proof on the condemning authority.
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