SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 162
As Amended by Senate Committee on Local
Government
Brief*
SB 162, as amended, would create the Riley County
Unincorporated Area Nuisance Abatement Act and the
Crawford County Unincorporated Area Nuisance Abatement
Act. The acts would be identical except as to county name.
The acts would not apply to land, structures, or equipment
used for agricultural activity or oil and gas exploration and
development activity.
Determination of Nuisance and Order for Abatement
The bill would require the county to have obtained a
conviction for a county code violation resulting from the
nuisance within the prior 12 months before any nuisance
abatement process could begin. The bill would authorize the
board of county commissioners (Board) to order the removal
or abatement of any nuisance within the unincorporated area
of the county and the demolition of any structure or the
removal or abatement of any other type of nuisance. The bill
would require the Board order to require the owner of the
property to pay all costs associated with the abatement.
The bill would authorize the Board to make the
determination of nuisance and issue an order, by resolution,
requiring the nuisance to be removed or abated, if the
Commission or other agency designated by the Commission
files a statement in writing with the county clerk describing the
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org nuisance and declaring the nuisance a menace and
dangerous to the health of county residents.
The bill would direct the Board to order the owner of the
property to remove and abate the nuisance within not less
than ten days; the bill would authorize the Board to grant
extensions of time. The bill would empower the property
owner to request a hearing before the Board if the request is
made during the waiting period or any extension.
The bill would authorize the Board to notify the property
owner of the order by various means, including by certified
mail, return receipt requested, but would require notice be
given by telephone or first-class mail if the property is
unoccupied and the owner is a nonresident. The bill would
require all orders and notices to be served on the owner of
record or, if there is more than one owner of record, then on
at least one of those owners.
Abatement and Payment
If the owner fails to comply with the order, the bill would
authorize the Board to order the repair or demolition of any
structure and have the items described in the order removed
and abated from the property. The bill would require the
county to notify the owner by certified mail, return receipt
requested, of the total cost incurred for the abatement or
removal and to state in the notice that payment of the cost is
due and payable within 60 days of the mailing of the notice. If
the payment is not paid within the 60-day period, the bill
would require the cost to be assessed against the lot or
parcel of land and the county clerk to certify the costs and
extend the cost on the tax roll, to be collected by the county
treasurer.
In determining the cost, the county would be required to
subtract the value of the property removed or abated and, if
that value is greater than the cost incurred, pay the owner the
difference. The bill would authorize the property owner to
2- 162 request a hearing before the Board prior to the deadline for
payment of removal or abatement costs.
The bill would make any decision of the Board subject to
review in accordance with the Kansas Judicial Review Act
(KSA 77-601 et seq.).
Motor Vehicles
The bill would authorize these counties to remove and
abate a motor vehicle determined to be a nuisance, except
when the vehicle is on public property or property that is not
open to the public. The bill would require disposition of these
vehicles to comply with procedures for impoundment, notice,
and public auction in continuing law for vehicles abandoned
on public highways or other property open to use by the
public (KSA 8-1102), which include public auction. If a public
auction is conducted but no responsible bid is received, the
bill would authorize the county to file proof with the Division of
Vehicles (Division), Kansas Department of Revenue, and
require the Division to issue a certificate of title to the vehicle
to the county.
Any person whose motor vehicle is disposed of under
these provisions would be eligible for a refund of motor
vehicle tax, with the amount to be determined as provided in
continuing law.
Acts Not Applicable to Agricultural Activity or Oil and
Gas Exploration and Development Activity
The bill would state the Legislature declares it is the
policy of Kansas to protect and encourage the production and
processing of food and other agricultural products, and it is
the intent of these acts to protect agricultural and
agribusiness activities from public and private nuisance
actions.
3- 162 The bill would state the acts would not apply to land,
structures, machinery and equipment, or motor vehicles used
for an agricultural activity or an oil or natural gas exploration
and development activity. “Agricultural activity” would have
the meaning in continuing law applicable to protection of
farmland and agricultural activities, and also include real and
personal property, machinery, equipment, stored grain, and
agricultural input products owned or maintained by
commercial grain elevators and agribusiness facilities.
Sunset
The acts would expire on July 1, 2027.
Background
The bill was introduced by the Senate Committee on
Local Government at the request of a representative of the
Riley County Board of County Commissioners.
Senate Committee on Local Government
In the Senate Committee hearing on February 14, 2023,
a representative of the Riley County Board of
Commissioners, the Riley County Counselor, the Deputy
Riley County Counselor, and the Crawford County Counselor
provided proponent testimony. They described nuisance
properties and the steps taken to try to effect cleanup, and
discussed a 2012 Kansas Court of Appeals ruling in Barnes
v. Board of County Commissioners of Cowley County that
determined a county could not use its home rule powers to
abate nuisances.
A representative of the Kansas Association of Counties
provided written-only proponent testimony.
No other testimony was provided.
On January 23, 2024, the Senate Committee reviewed
the bill, received an update from the Riley County Counselor,
4- 162 and received neutral testimony from a representative of the
Kansas Grain and Feed Association and the Kansas
Agribusiness Retailers Association.
On February 8, 2024, the Senate Committee amended
the bill to:
●Add a statement of legislative intent regarding
protecting agricultural and agribusiness activities
from nuisance actions;
●Add land, structures, machinery and equipment, or
motor vehicles used for oil and gas exploration and
development activity to the exemptions; and
●Add the identical (except for county designation)
Crawford County Unincorporated Area Nuisance
Abatement Act.
Fiscal Information
In the fiscal note provided by the Division of the Budget
on the bill as introduced, the Kansas Department of Revenue
estimates enactment of the bill could result in administrative
expenditures of $250 to update policies and procedures if the
nuisance involves a motor vehicle. The Office of Judicial
Administration stated enactment of the bill could increase the
number of cases filed in district court because decisions
made by the Board would be subject to the Kansas Judicial
Review Act and also could result in collection of docket fees
for those cases; however, a fiscal effect cannot be
determined.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties states the bill could
have an effect on Riley County due to costs for repair or
removing the nuisance and a loss to the county if the value of
the property exceeds removal costs.
5- 162 Nuisance abatement; Riley County; Crawford County; county commission;
agricultural activity
6- 162