Rep. Nick Archer, R-Elk City, today commented on the Oklahoma House of Representatives' defeat of Senate Bill 2, a bill he argued would set a dangerous precedent before later being overturned in court.

In his debate against the bill, Archer, who serves as chair of the House Energy Committee, argued the Fifth Amendment protects the right to private property.

"It plainly says, if government takes your property, it owes you just compensation," Archer said. "That principle isn’t optional. It’s not up for debate."

Archer argued that SB2 would open the door for counties to enact "viewshed restrictions" that amount to public takings without compensation.

"Let’s not sugarcoat it: this bill gives local government the power to take from one private citizen in the name of another’s preference," he said. "That is not conservative. That is not constitutional."

Archer challenged the idea of allowing counties to override citizens' constitutional rights through a simple majority vote, pointing out that "rights don't disappear based on a local vote."

He said SB2 would let a group "vote away your right to use your land. That’s not democracy. and the Constitution exists to prevent that. And even if this body passes it, the courts will strike it down. I’d rather get it right today."

The measure failed 44-49 on Tuesday evening. However, notice was served that the vote may be reconsidered.