KansasAgencies would offer owners compensation before taking property
Agencies seeking to take property would have to give owners a firm compensation offer at least 30 days before filing; the proposal also excludes recreational trails and strikes a route for legislative approval of private development takings.
What it does
Before filing to take property, an agency would have to give the owner a compensation offer that it could not later lower or withdraw. A higher offer before filing would set the minimum award.
The proposal excludes recreational trails from public uses that allow property to be taken. Trails include routes for hiking, biking, and horseback riding.
The proposal strikes a provision that let the legislature authorize a taking for private economic development by identifying the specific land in a law.
Argument forOwners could have a minimum compensation amount set before a case begins, and agencies could not later lower their offer.
Argument againstOwners could wait longer to learn whether an agency will file a case because the agency must serve an offer at least 30 days beforehand.
More detail
An agency would have to personally serve the owner a compensation offer before filing an eminent domain case. This applies to the state, municipalities, public utilities, and other entities included in the law's definition of an agency. The offer would be the minimum compensation award, and the agency could not later lower or withdraw it. If the agency made a higher offer before filing, the higher amount would become the minimum award. The agency would have to personally serve notice and the offer at least 30 days before filing its petition.
Private property could not be taken through eminent domain for recreational trails. This applies to private property sought through eminent domain. The text defines recreational trails as routes used for hiking, bicycling, horseback riding, or other recreational travel.
The text removes a provision allowing the legislature to authorize eminent domain for a private economic development project by naming the specific land in a law. The struck provision concerned legislative authorization of a taking for private economic development.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 10Died in CommitteeDied
- 2025
- Jan 31IntroducedMinor
- Jan 31Referred to House Committee on JudiciaryIntroduced
Government & EthicsCivil Rights & Voting