2026 Regular Session
HB3839
Homestead; findings; unconditional ownership; property rights; severability.
Legislative progress
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This summary includes only completed milestones supported by recorded actions. It does not predict the next step, and it preserves later committee reassignments, concurrence, conference, veto, and approval actions when they occur.
Partner positions
Likes
No public reasoning provided.
No public reasoning provided.
Protects property rights
No public reasoning provided.
YES!!!! "NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 22 of Title 31, unless there is created a duplication in numbering, reads as follows: A. Triggering Condition. The provisions of this section shall take effect only upon certification by the Secretary of State that State Question 842 has been approved by the voters. B. Unconditional Ownership Established. 1. Ownership of owner-occupied residential real property in this state shall be absolute and unconditional, subject only to: a. voluntary conveyance, Req. No. 14524 Page 3 b. eminent domain exercised in accordance with constitutional requirements, c. judicial foreclosure arising from voluntary private debt, or d. enforcement of criminal forfeiture pursuant to a final conviction. 2. No state agency, political subdivision, or taxing authority shall treat residential real property ownership as conditional upon payment of any tax, fee, assessment, or charge not expressly authorized by the Oklahoma Constitution. C. Prohibition on Indirect Forfeiture. No governmental entity shall: 1. Impose any substitute tax, assessment, service charge, lien, penalty, or fee that functions to: a. encumber title, b. condition possession, c. compel forfeiture, d. authorize sale for nonpayment, or e. circumvent the elimination of residential ad valorem taxation. 2. Recharacterize property taxes as fees, special assessments, utility surcharges, or occupancy charges for the purpose of enforcing collection through lien or sale. D. Limits on Government Remedies. Req. No. 14524 Page 4 For owner-occupied residential real property: 1. No lien shall attach for nonpayment of any governmental charge unless: a. expressly authorized by the Oklahoma Constitution, and b. unrelated to the former ad valorem taxation of residential property. 2. No forced sale, eviction, or dispossession shall occur based solely on failure to pay a governmental charge arising after the effective date of this section. E. Private Rights Preserved. Nothing in this section shall impair: 1. Voluntary contractual obligations entered into by the owner; 2. Mortgage, deed of trust, or consensual lien rights; 3. Homeowners' association covenants voluntarily accepted by the owner. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 23 of Title 31, unless there is created a duplication in numbering, reads as follows: A. Any owner aggrieved by a violation of this act shall have standing to seek: 1. Declaratory relief; 2. Injunctive relief; 3. Quiet title; 4. Recovery of reasonable attorney fees and costs. Req. No. 14524 Page 5 B. Sovereign or governmental immunity is waived to the extent necessary to enforce this section. SECTION 4. The provisions of this act are severable and if any part or provision shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act."
No public reasoning provided.
Committee referrals
February 3, 2026 · House
Appropriations and Budget Finance Subcommittee
February 3, 2026 · House
Appropriations and Budget
Instrument history
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This is the complete recorded action history in the current source package. Highlighted entries are marked as significant by the source. A roll-call link appears only when a vote-like action has one unambiguous same-day chamber vote.
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House Referred to Appropriations and Budget Finance Subcommittee
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House Second Reading referred to Appropriations and Budget
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House Authored by Representative Gann
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House First Reading