Rights - Same as Railroads - Exception for Certain Energy Facilities - Certificate of Authority
Effective Nov 1, 2025Laws 1915, SB 111, c. 230, p. 431, § 3, emerg. eff. March 20, 1915; Amended by Laws 2011, SB 124, c. 200, § 1 (superseded document available); Amended by Laws 2025, HB 2752, c. 489, § 1, eff. November 1, 2025 (superseded document available).
- A. Except as otherwise provided in this section, any person, firm or corporation organized under the laws of this state, or authorized to do business in this state, to furnish light, heat or power by electricity or natural gas, or any other person, association or firm engaged in furnishing lights, heat or power by electricity or natural gas shall have and exercise the right of eminent domain in the same manner and by like proceedings as provided for railroad corporations by laws of this state.
- B. The power of eminent domain shall not be used for the siting or building of wind energy facilities, solar energy facilities, battery storage facilities, hydrogen gas facilities, or other renewable energy facilities on private property.
- C. Prior to seeking to exercise eminent domain for an electric transmission facility rated greater than three hundred (300) kilovolts, any person, firm, or corporation under the purview of subsection A of this section must have obtained a Certificate of Authority from the Corporation Commission.
- D. This section shall not be construed to require any Oklahoma retail electric supplier or rural electric cooperative to secure a Certificate of Authority for any extension, rebuild, or upgrade to an electric transmission facility.
Laws 1915, SB 111, c. 230, p. 431, § 3, emerg. eff. March 20, 1915; Amended by Laws 2011, SB 124, c. 200, § 1 (superseded document available); Amended by Laws 2025, HB 2752, c. 489, § 1, eff. November 1, 2025 (superseded document available).