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KS HB2187
Bill
Status
1/31/2025
Primary Sponsor
Brett Fairchild
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AI Summary
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Agencies must provide property owners with a good faith compensation offer at least 30 days before filing an eminent domain petition, which becomes the minimum award that cannot be reduced or challenged by the agency
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Eliminates the legislature's authority to authorize eminent domain for private economic development purposes, removing the existing provision that allowed such takings with consideration of 200% fair market value compensation
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Excludes recreational trails (hiking, bicycling, horseback riding) and park/recreation facilities from the definition of "public use," prohibiting eminent domain for these purposes
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Requires eminent domain petitions to demonstrate by clear and convincing evidence that the taking is necessary and for a public use
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If the good faith offer exceeds the appraiser's award, the higher amount must be paid to the court, and only the property owner may appeal for additional compensation
Legislative Description
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 property for economic development.
Last Action
House Referred to Committee on Judiciary
1/31/2025