Can a new Oklahoma Governor's Mansion be built on the State Capitol Complex with private-donor funding without legislative approval, even though the State will eventually pay for upkeep?

Plain-English summary

Representative Andy Fugate asked the Attorney General whether a new Governor's Mansion could be built on the State Capitol Complex using private donations, without prior legislative approval, even though the State would eventually pay for upkeep.

Attorney General Drummond's answer is yes, with two pieces:

1. Construction with private funds: A privately donated Governor's Mansion would be a "gift or donation of property to the State." Title 60, sections 381 through 385 of the Oklahoma Statutes governs that process. Under those provisions, the Governor is authorized to accept the gift on behalf of the State, and the Office of Management and Enterprise Services (OMES) is charged with allotting the property consistent with the donor's objectives. No prior legislative approval is required.

2. Maintenance and upkeep: Once the Mansion exists, the Governor is authorized under 74 O.S. § 7 to maintain the official residence "as necessary and appropriate" at the State's expense. But that authority is contingent on the Legislature actually appropriating funds for the purpose each fiscal year. So the Legislature retains its check on the project through the annual budget cycle, even if it has no role in approving the original donation.

The current Governor's Mansion is a 14,000-square-foot building constructed in 1928 with funds appropriated by the Legislature. It sits east of the State Capitol on the Capitol Complex. The opinion's analysis applies the gift-acceptance procedures to the Mansion-replacement question Representative Fugate raised, but its reasoning would apply to any privately donated capital improvement to State property.

What this means for you

If you are an Oklahoma legislator

Two practical observations:

• The Governor has authority to accept the donation and have it allotted by OMES without any vote of the Legislature.
• The Legislature still controls the operating cost. Future maintenance line items can be sized, capped, or zeroed out in the appropriations process. If you object to a privately donated Mansion in principle, denying maintenance funds would constrain its use over time. Whether that is a sound policy lever is a separate question.

If you want a statutory check on the Governor's gift-acceptance authority for this kind of capital improvement, that would require an amendment to 60 O.S. §§ 381 to 385 or a new standalone statute. The current law does not require legislative consent.

If you are the Governor's office or OMES

The pathway is statutorily clear:

1. The Governor accepts the donation under 60 O.S. § 381 et seq.
2. OMES allots the property consistent with the donor's stated objectives.
3. OMES integrates the property into the State Capitol Complex inventory consistent with 74 O.S. § 1811.4(A) (which currently locates the Mansion on the Capitol Complex grounds) and any related Capitol Preservation Commission requirements.
4. Maintenance proceeds annually subject to legislative appropriation.

Document the donor agreement carefully. If it imposes restrictions on use, design, or operation, OMES needs to be able to honor those restrictions consistent with statute.

If you are a private donor considering funding a Governor's Mansion or other Capitol Complex improvement

Your donation can be accepted without legislative approval. Make sure your donor agreement clearly states:

• The intended use and any restrictions.
• Whether you require the State to maintain the structure to a particular standard.
• The treatment of any naming rights, plaques, or recognition.

Keep in mind that ongoing maintenance depends on legislative appropriations. A future Legislature may decline to fund operations at the level you envision. If you want assurance of operating funding, that would have to be negotiated separately.

If you preserve historical Capitol Complex buildings

The current 1928 Governor's Mansion is on your radar. A new Mansion under this opinion would be an addition to the Capitol Complex; it would not, by itself, deauthorize or remove the existing Mansion. Any decision to alter, mothball, or repurpose the 1928 building would be a separate action, presumably involving the Capitol Preservation Commission and other oversight bodies.

Common questions

Q: Does the Legislature have any role in approving a privately donated Mansion?
A: Not at the acceptance stage. The Governor accepts the gift and OMES allots it. The Legislature's role kicks in later, in the annual appropriations process for maintenance and operating costs.

Q: What statutes authorize the Governor to accept gifts on behalf of the State?
A: 60 O.S. §§ 381 to 385.

Q: Could a private donor restrict how the Mansion is used?
A: Yes, by the terms of the donor agreement, subject to OMES's ability to allot the property consistent with those objectives.

Q: Who pays for routine maintenance?
A: The State, through whatever amount the Legislature appropriates each year for the Governor's official residence under 74 O.S. § 7.

Q: Does this opinion approve any specific Mansion proposal?
A: No. It addresses the legal framework. Whether any specific proposal is sound, sized appropriately, or politically acceptable is a separate question.

Q: What about other capital improvements on the Capitol Complex?
A: The same general framework applies to private donations of property to the State. Capitol Complex improvements may also implicate other oversight bodies (e.g., the Capitol Preservation Commission), which is beyond the scope of this opinion.

Background and statutory framework

Oklahoma's Governor's Mansion has stood east of the State Capitol since 1928, when the Legislature appropriated funds for its construction. 74 O.S. § 1811.4(A) recognizes the Mansion's location on the State Capitol Complex grounds. Title 73, section 1 (and related provisions) refer to the building as the "Executive Mansion."

Under 60 O.S. §§ 381 to 385, the State of Oklahoma can accept gifts and donations of property. The Governor is the designated official to accept on the State's behalf, and OMES handles the practical work of allotting the property to the appropriate State function.

74 O.S. § 7 authorizes the Governor to maintain the official residence "as necessary and appropriate" at the State's expense. But "at the expense of the State" means subject to the Legislature's appropriations power. There is no automatic funding stream; each year's maintenance budget is whatever the Legislature includes.

The opinion's bottom line is a constitutionally orthodox split: the Executive accepts and uses property donated to the State; the Legislature controls the public purse for ongoing operations. Neither branch needs the other's permission for its own role, but each branch's choices constrain what the other can practically do.

Citations and references

Statutes:
- 60 O.S. §§ 381 to 385 (Acceptance of gifts and donations to the State)
- 74 O.S. § 7 (Governor's official residence)
- 74 O.S. § 1811.4 (Capitol Complex)

Historical reference:
- Cynthia Savage, Governors Mansion, THE ENCYCLOPEDIA OF OKLAHOMA HISTORY AND CULTURE (Jan. 15, 2010), https://www.okhistory.org/publications/enc/entry?entry=G0022

Source

• Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2026/5.html
• Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2026/A.G.%20Opinion%202026-5.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA

ATTORNEY GENERAL OPINION
2026-5

The Honorable Andy Fugate
Oklahoma House of Representatives, District 94
2300 N. Lincoln Boulevard, Room 545
Oklahoma City, OK 73105

April 23, 2026

Dear Representative Fugate:

This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question:

Is it lawful for a new Governor's Mansion financed by private donations to be constructed on the State Capitol Complex without approval by the Legislature, despite the need for later appropriations to cover the costs of maintenance and upkeep?

I. SUMMARY

A new Governor's Mansion constructed with privately donated funds would be considered a gift or donation of property to the State, which invokes the procedures of title 60, sections 381 to 385 of the Oklahoma Statutes. Under the relevant provisions, the Governor is authorized to accept such gifts or donations on behalf of the State and the Office of Management and Enterprise Services ("OMES") is charged with allotting the property consistent with the donors' objectives. Prior approval of the Legislature is not required. As for ongoing costs of maintenance and upkeep, title 74, section 7 of the Oklahoma Statutes authorizes the Governor to maintain his or her official residence "as necessary and appropriate" at the expense of the State, subject to funds being appropriated annually by the Legislature.

II. BACKGROUND

Presently, the Governor's Mansion is located on the grounds of the State Capitol Complex in Oklahoma City. 74 O.S.2021, § 1811.4(A). Situated just east of the State Capitol, the 14,000-square-foot building was originally constructed in 1928 with funds appropriated by the Legislature. Cynthia Savage, Governors Mansion, THE ENCYCLOPEDIA OF OKLAHOMA HISTORY AND CULTURE, https://www.okhistory.org/publications/enc/entry?entry=G0022 (Jan. 15, 2010). In the nearly 100 years since its original construction, the Governor's Mansion and its grounds have undergone many renovations and improvements, including the installation of a helipad (since converted to tennis courts) to accommodate a visit from President Lyndon B. Johnson in 1964, the addition of an Oklahoma-shaped swimming pool in the 1970s, and significant interior renovations and updating in 1995, including a new roof and air conditioning for the third floor. Id.; see also Mansion History, FRIENDS OF THE MANSION, INC., https://fomok.org/explore-learn/mansion-history/ (last visited Apr. 20, 2026). While the Legislature appropriates funds to cover maintenance and upkeep of the Mansion, see 74 O.S.2021, § 7, some renovations and improvements, as well as furnishings, have been funded through private donations. See Mansion History, FRIENDS OF THE MANSION, INC.; see also State of Oklahoma, Governor's Mansion, https://oklahoma.gov/governor/about/governors-mansion.html (last visited Apr. 20, 2026).

In 2022, it was reported that private fundraising was underway to finance construction of a new Governor's residence on the grounds of the existing Governor's Mansion. See Chris Casteel and Carmen Forman, Private Group Raises Money for New Oklahoma Governor's Residence, THE OKLAHOMAN (Oct. 13, 2022), https://www.oklahoman.com. On August 28, 2025, formal plans for a new "first family residence" (the "New Residence") were presented for approval at a special meeting of the State Capitol Preservation Commission. According to the minutes of that meeting, the Commission was advised that construction of the New Residence was fully funded through private donations. See State Capitol Preservation Comm'n, Special Meeting Minutes (Aug. 28, 2025), available at https://oklahoma.gov/content/dam/ok/en/omes/documents/cpc-minutes-sm-2025-08-28-UA.pdf. The existing Governor's Mansion will "continue to be used for ceremonial events, remain open for tours, and serve breakfast, lunch, and dinner as it does now," and may be used to accommodate official state guests. Id.

As discussed below, presuming that the New Residence will be the property of the State, the Governor may accept private donations for its construction. But see infra note 4. The Legislature plays no role in determining whether such donations should be accepted, but it will have some ongoing control over the budget for the New Residence's costs of upkeep. See 74 O.S.2021, § 7.

III. DISCUSSION

Oklahoma law permits the State to accept gifts or donations of property. Specifically, by statute, the State of Oklahoma is empowered to "take title or any interest therein . . . to any property, real, personal or mixed, by gift, testamentary or otherwise[.]" 60 O.S.2021, § 381; see also Mitchell v. Williamson, 1956 OK 304, ¶ 19, 304 P.2d 314, 321 (finding the statutory mechanism for the State to accept private gifts to be "a perfectly valid exercise of legislative authority"). The authority to accept gifted property resides with the Governor unless "specifically vested" in another state official or body. 60 O.S.2021, § 383. And where property is gifted to the State "for the use or benefit of a specified state institution" or "for a particular purpose," it must be allotted to that institution or the department charged with the performance of such purpose, respectively. Id. §§ 384, 385. Notably, the Legislature did not reserve for itself any role in the acceptance or disposition of property gifted to the State, except for specific gifts to the Legislature. Id. § 383(B).

According to the information available to this office, private funds have been donated for the construction of the New Residence on the grounds of the current Governor's Mansion. Because the donations are intended for a specific purpose, housing for the Governor and his or her family, their acceptance is subject to the procedures required by title 60, sections 383 through 385 of the Oklahoma Statutes. Those provisions do not contemplate a role for the Legislature. Likewise, those provisions do not contain exceptions or limitations for property that may entail ongoing costs to the State following acceptance. And where no such limitation or restriction exists in the text of the statute, this office is not at liberty to create one. See Cox v. State ex rel. Okla. Dept. of Hum. Servs., 2004 OK 17, ¶ 26, 87 P.3d 607, 617 ("This Court does not read exceptions into a statute, nor may we impose requirements not mandated by the Legislature."). Accordingly, the Governor has authority to accept the donated property and turn it over to OMES to be used consistent with the donors' intent. See 60 O.S.2021, §§ 384, 385.

With that being said, the New Residence, like any real property, will undoubtedly require regular maintenance and upkeep at the State's expense. That is a concern for the Legislature, as it has constitutional authority over appropriation of state funds. See OKLA. CONST. art. V, § 55. However, the Legislature has addressed the issue of maintenance costs of the Governor's residence in Title 74, Section 7 of the Oklahoma Statutes, which provides, in relevant part, as follows:

The Governor of the State of Oklahoma is hereby authorized, at the expense of the state, and within the limitations of the appropriation authorized below, to maintain in such manner as the governor deems necessary and appropriate, the mansion provided for his occupancy by the State of Oklahoma and to pay all expenses connected with said occupancy. Such expenses shall include food, entertainment and such other expenditures as would be necessary and proper for the Governor, the family and the guests of the Governor when the duties of the Office of Governor dictate such expenditures. The expense of the occupancy and upkeep of the Governor's Mansion shall be from funds appropriated annually by the Legislature from the General Revenue Fund for such purposes. The funds shall be paid monthly upon a claim approved by the Governor of Oklahoma. The Governor shall deposit such funds in a separate account and shall keep a separate record of all expenditures.

74 O.S.2021, § 7 (emphasis added); see generally 1983 OK AG 18 (detailing the history of legislative appropriations to the "Mansion Account," used both for maintenance and upkeep of the Governor's residence and entertainment expenses related to the Governor's official duties). In plain terms, this provision gives broad authority to the Governor to incur costs to maintain his or her official residence as he or she deems necessary, but subject to the limitations of legislative appropriation. By doing so, the Legislature retains some measure of control over the reasonableness of maintenance and upkeep costs.

Finally, it is worth noting that this is not the first time privately-funded construction at, or on the grounds of, the Governor's Mansion will bring with it ongoing maintenance costs. As noted above, for the past fifty years the Governor's Mansion and its grounds have undergone many improvements, some of which, like the pool in the 1970s and an outdoor kitchen in 2017, were gifts or paid for with private donations; none were subject to approval by the Legislature.

It is, therefore, the official Opinion of the Attorney General that:

It is lawful for a new Governor's Mansion financed by private donations to be constructed on the State Capitol Complex without approval by the Legislature, so long as the State complies with the gift provisions of title 60, sections 381 to 385 of the Oklahoma Statutes.

AMIE N. ELY
First Assistant Attorney General

TY MURPHY
Assistant Attorney General

(Because the circumstances surrounding this Opinion could "cause a reasonable person with knowledge of the relevant facts to question [the Attorney General's] impartiality," the Attorney General recused himself from this Opinion. See 74 O.S., ch.62, app. I, r. 4.7. The First Assistant Attorney General executes this Opinion pursuant to her authority under title 74, section 28 of the Oklahoma Statutes.)