Kansas 2025-2026 Regular Session

Kansas Senate Bill SB12 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 12
3	3	By Senator Shallenburger
4	4	1-16
5	5	AN ACT concerning the power of eminent domain; relating to the exercise
6	6	of such power by municipalities for recreational projects; requiring
7	7	approval by each member of the governing body whose district
8	8	territory includes the land being acquired; amending K.S.A. 26-201 and
9	9	repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	New Section 1. (a) The board of county commissioners shall not
12	12	approve the exercise of eminent domain by such county unless each
13	13	county commissioner whose district territory includes the land, either in
14	14	whole or in part, that is to be acquired by eminent domain votes in the
15	15	affirmative to exercise eminent domain to acquire such land.
16	16	(b) This section shall apply to the acquisition of land for the purposes
17	17	stated under any of the provisions of article 28 of chapter 19 of the Kansas
18	18	Statutes Annotated, and amendments thereto, and for any other public
19	19	recreational purpose, including, but not limited to, nature areas,
20	20	entertainment venues, libraries and any other recreational building or
21	21	grounds that are not otherwise described in article 28 of chapter 19 of the
22	22	Kansas Statutes Annotated, and amendments thereto.
23	23	Sec. 2. K.S.A. 26-201 is hereby amended to read as follows: 26-201.
24	24	(a) A city shall have the right to acquire by condemnation any interest in
25	25	real property, including a fee simple title thereto, but cities shall not have
26	26	the right to acquire a fee simple title to property condemned solely for
27	27	street purposes. Whenever it shall be deemed necessary by the governing
28	28	body of any city to appropriate private property for the use of the city for
29	29	any purpose whatsoever, the governing body shall by resolution declare
30	30	such necessity and authorize a survey and description of the land or
31	31	interest to be condemned to be made by a licensed land surveyor or a
32	32	professional engineer who is competent to conduct a land survey and filed
33	33	with the city clerk. Such resolution shall be published once in the official
34	34	city newspaper. Upon the filing of the survey and description of the land or
35	35	interest to be condemned the governing body shall by ordinance authorize
36	36	and provide for the acquisition of such land or interest, setting forth such
37	37	condemnation, the interest to be taken and for what purpose the same is to
38	38	be used. If in the opinion of the governing body any property is specially
39	39	benefited by the proposed improvement such property shall be designated
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76	76	as the benefit district and the same shall be fixed by the ordinance
77	77	authorizing and providing for the acquisition of the land or interest. The
78	78	governing body, as soon as practicable after passage of the ordinance
79	79	authorizing and providing for the appropriation of such land or interest and
80	80	the fixing of the benefit district, if any is fixed, shall proceed to exercise
81	81	the power of eminent domain in accordance with the eminent domain
82	82	procedure act.
83	83	(b) (1) The governing body of a city shall not approve the exercise of
84	84	eminent domain by such city unless each member of such governing body
85	85	whose district territory includes the land, either in whole or in part, that is
86	86	to be acquired by eminent domain votes in the affirmative to exercise
87	87	eminent domain to acquire such land.
88	88	(2) This subsection shall apply to the acquisition of land for the
89	89	purposes stated under any of the provisions of article 28 of chapter 19 of
90	90	the Kansas Statutes Annotated, and amendments thereto, regarding the
91	91	acquisition of land by counties through the exercise of eminent domain
92	92	and for any other public recreational purpose, including, but not limited
93	93	to, nature areas, entertainment venues, libraries and any other
94	94	recreational building or grounds that are not otherwise described in
95	95	article 28 of chapter 19 of the Kansas Statutes Annotated, and
96	96	amendments thereto.
97	97	Sec. 3. K.S.A. 26-201 is hereby repealed.
98	98	Sec. 4. This act shall take effect and be in force from and after its
99	99	publication in the statute book.
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