Kansas agencies would offer compensation before taking property

A covered agency would have to personally notify the property owner and make a good faith compensation offer before filing an eminent domain case. Covered agencies include the state, municipalities, public utilities, and other entities listed in Kansas eminent domain law. The agency could not later reduce or withdraw the offer, or argue for less compensation in an appeal from an award notice. The notice and offer would be due at least 30 days before the agency files its petition.

The agency would have to pay the appraisers’ award or the higher good faith offer to the court to continue the case for a tract. This applies to each tract the agency seeks to acquire through eminent domain. If the agency makes a higher offer before filing, that higher amount would be the minimum compensation award. The agency would have to pay within 30 days after the appraisers file their report.

The proposed text would exclude recreational trails from public uses for which private property may be taken through eminent domain. Recreational trails include trails used for hiking, bicycling, horseback riding, or other recreational travel.

The proposed text would remove a provision allowing the legislature to authorize eminent domain for private economic development by naming specific property. The struck provision concerned legislative authorization by a law identifying the specific tract or tracts to be taken for private economic development.