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Bill > HB2187


KS HB2187

Requiring government agencies, public utilities and other entities when exercising the power of eminent domain to make a good faith offer for the property prior to filing an eminent domain action, providing the good faith offer, if greater than the appraiser's award, shall be deposited with the court, allowing appeals from that amount, prohibiting the exercise of eminent domain for recreational trails and park and recreational facilities and deleting the power of the legislature to condemn prope


summary

Introduced
01/31/2025
In Committee
01/31/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT concerning eminent domain; eliminating the power of the legislature to take private property for economic development; narrowing the definition of public use; requiring a good faith offer of compensation to a property owner prior to filing an eminent domain action; providing that if the good faith offer is greater than the appraiser's award, the greater amount may be subject to appeal only by the property owner; amending K.S.A. 26-501a, 26-501b, 26-502 and 26-507 and repealing the existing sections.

AI Summary

This bill strengthens property owner protections in eminent domain proceedings by requiring government agencies, public utilities, and other entities to make a good faith offer to property owners at least 30 days before filing an eminent domain petition. The good faith offer must be the minimum compensation amount and cannot be reduced or revoked, and if a subsequent offer is made that is higher, that amount becomes the new minimum compensation. The bill narrows the definition of "public use" by explicitly prohibiting the use of eminent domain for recreational trails and removing the ability to take property for recreational facilities. It also eliminates the legislature's power to condemn property for economic development purposes. The bill requires that eminent domain petitions include clear and convincing evidence that the property taking is necessary and for a public use, and it specifies that if the plaintiff (the entity seeking to acquire the property) does not make the required payment within 30 days of the appraisers' report, the condemnation is abandoned. Importantly, if the good faith offer is greater than the appraiser's award, only the property owner can appeal the compensation amount, providing an additional layer of protection for property owners.

Committee Categories

Justice

Sponsors (11)

Last Action

House Referred to Committee on Judiciary (on 01/31/2025)

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