Session of 2025
SENATE BILL No. 12
By Senator Shallenburger
1-16
AN ACT concerning the power of eminent domain; relating to the exercise
of such power by municipalities for recreational projects; requiring
approval by each member of the governing body whose district
territory includes the land being acquired; amending K.S.A. 26-201 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The board of county commissioners shall not
approve the exercise of eminent domain by such county unless each
county commissioner whose district territory includes the land, either in
whole or in part, that is to be acquired by eminent domain votes in the
affirmative to exercise eminent domain to acquire such land.
(b) This section shall apply to the acquisition of land for the purposes
stated under any of the provisions of article 28 of chapter 19 of the Kansas
Statutes Annotated, and amendments thereto, and for any other public
recreational purpose, including, but not limited to, nature areas,
entertainment venues, libraries and any other recreational building or
grounds that are not otherwise described in article 28 of chapter 19 of the
Kansas Statutes Annotated, and amendments thereto.
Sec. 2. K.S.A. 26-201 is hereby amended to read as follows: 26-201.
(a) A city shall have the right to acquire by condemnation any interest in
real property, including a fee simple title thereto, but cities shall not have
the right to acquire a fee simple title to property condemned solely for
street purposes. Whenever it shall be deemed necessary by the governing
body of any city to appropriate private property for the use of the city for
any purpose whatsoever, the governing body shall by resolution declare
such necessity and authorize a survey and description of the land or
interest to be condemned to be made by a licensed land surveyor or a
professional engineer who is competent to conduct a land survey and filed
with the city clerk. Such resolution shall be published once in the official
city newspaper. Upon the filing of the survey and description of the land or
interest to be condemned the governing body shall by ordinance authorize
and provide for the acquisition of such land or interest, setting forth such
condemnation, the interest to be taken and for what purpose the same is to
be used. If in the opinion of the governing body any property is specially
benefited by the proposed improvement such property shall be designated
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as the benefit district and the same shall be fixed by the ordinance
authorizing and providing for the acquisition of the land or interest. The
governing body, as soon as practicable after passage of the ordinance
authorizing and providing for the appropriation of such land or interest and
the fixing of the benefit district, if any is fixed, shall proceed to exercise
the power of eminent domain in accordance with the eminent domain
procedure act.
(b) (1) The governing body of a city shall not approve the exercise of
eminent domain by such city unless each member of such governing body
whose district territory includes the land, either in whole or in part, that is
to be acquired by eminent domain votes in the affirmative to exercise
eminent domain to acquire such land.
(2) This subsection shall apply to the acquisition of land for the
purposes stated under any of the provisions of article 28 of chapter 19 of
the Kansas Statutes Annotated, and amendments thereto, regarding the
acquisition of land by counties through the exercise of eminent domain
and for any other public recreational purpose, including, but not limited
to, nature areas, entertainment venues, libraries and any other
recreational building or grounds that are not otherwise described in
article 28 of chapter 19 of the Kansas Statutes Annotated, and
amendments thereto.
Sec. 3. K.S.A. 26-201 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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