Bill > HB2641

This bill, known as the Kansas Property Rights Protection Act, aims to safeguard property owners' constitutional rights by ensuring they receive "just compensation" when government actions negatively impact their property's value or usability. It defines "governmental action" broadly to include public works projects, the approval of private developments like wind farms or data centers, and land-use regulations. If a "regulatory taking" occurs, meaning a government action limits a property owner's rights and diminishes their property's "fair market value" (what a willing buyer would pay a willing seller), the owner is entitled to compensation. This compensation is set at a minimum of 110% for temporary damages, such as during construction, and 150% for permanent damages, which can include noise or visual pollution, and may also cover the cost of relocating or purchasing comparable property if the value drops by more than 10%. Property owners have three years to file a claim, and if denied, they can sue, with the government bearing the burden of proof to show no taking occurred, and prevailing owners can recover legal fees. The bill also allows governments to recover costs from the "corporation or developer" responsible for the project that caused the damages, and it clarifies that actions taken solely for public health and safety, like abating nuisances or controlling pollution, are exempt, while aesthetic or economic development projects are not.

Government Affairs

https://kslegislature.gov/li/b2025_26/measures/hb2641/