Oklahoma City, OK – On Tuesday evening, the Oklahoma House of Representatives narrowly defeated Senate Bill 2 (SB2) with a 44-49 vote. The bill aimed to impose new setback requirements for wind energy facilities, mandating that wind turbines be located at least a quarter nautical mile from residential dwellings and nonparticipating properties.
Representative Nick Archer (R-Elk City), chair of the House Energy Committee, voiced strong opposition to SB2, arguing that it infringed upon constitutional property rights. He contended that the bill would allow local governments to enact “viewshed restrictions,” effectively enabling them to take private property without just compensation, a violation of the Fifth Amendment.
“It plainly says, if government takes your property, it owes you just compensation,” Archer stated. “That principle isn’t optional. It’s not up for debate.”
Archer further criticized the bill for potentially allowing a simple majority vote to override individual property rights, emphasizing that constitutional rights should not be subject to local referendums. He warned that even if the legislature passed the bill, it would likely be overturned in court.
Despite the bill’s defeat, a notice was filed to reconsider the vote, indicating that SB2 may return for further debate in the House.
