This week, Oklahoma lawmakers voted to hold local governments accountable when officials allow homelessness to grow unchecked and harm neighborhoods. HB 3985, championed by Representative Trey Caldwell and Senator Majority Leader Julie Daniels, empowers property owners to seek compensation when local governments have a policy, pattern or practice of failing to enforce laws related to homelessness and allowing public nuisances to persist unabated.
Specifically, the legislation allows property owners in cities with a population over 130,000 to file claims when property values decrease or when owners incur reasonable mitigation expenses due to the local government’s failure to enforce existing laws related to issues associated with illegal camping, panhandling, loitering, drug activity, and public intoxication.
Across the country, Americans are increasingly confronted with the real-world consequences of government inaction on homelessness and public safety. Local governments are often allowing encampments and related crime to fester, and too many property owners have been forced to bear the financial costs of policies that tolerate lawlessness rather than uphold the rule of law. The status quo is unacceptable. HB 3985 stands for the simple premise that when government fails to perform its basic duties, citizens should not be left holding the bag. Oklahoma lawmakers deserve praise for upholding this principle and protecting the property rights and safety of their constituents.
Oklahoma’s HB 3985 echoes the spirit of Arizona’s Proposition 312, a groundbreaking measure championed by the Goldwater Institute and approved by voters in 2024. Prop 312 similarly ensures that property owners can obtain relief when cities fail to enforce laws and allow homelessness related nuisances to take root. The lesson from Arizona is clear: accountability works. When local governments know they can be held financially responsible, they are far more likely to enforce the laws already on the books in a way that respects both public safety and individual rights.
HB 3985 brings that same model to Oklahoma, signaling that policymakers are serious about protecting communities instead of making excuses.
Allowing individuals to live in dangerous encampments, often without access to sanitation, treatment, or services, is not compassionate. Rather, it’s neglect and dereliction of duty from local governments. Meanwhile, surrounding communities suffer from increased crime, serious health hazards, and economic decline. HB 3985 does not criminalize homelessness. Instead, it ensures that governments cannot ignore illegal activity and its consequences. It reinforces the idea that laws must be applied evenly, and that public officials are accountable to the people they serve.
HB 3985 now heads to Governor Stitt’s desk for his signature. The Goldwater Institute appreciates Senator Daniels and Rep. Caldwell for their tireless work to protect property rights and public safety and applauds the Oklahoma legislature for advancing this crucial reform.
Brian Norman is the Director of State Affairs at the Goldwater Institute, where he leads the Institute’s nationwide government affairs strategy.
