Session of 2025
SENATE BILL No. 262
By Committee on Federal and State Affairs
2-11
AN ACT concerning eminent domain; eliminating the power of the
legislature to take private property for economic development;
narrowing the definition of public use; requiring a good faith offer of
compensation to a property owner prior to filing an eminent domain
action; providing that if the good faith offer is greater than the
appraiser's award, the greater amount may be subject to appeal only by
the property owner; amending K.S.A. 26-501a, 26-501b, 26-502 and
26-507 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) At least 30 days before filing a petition under
K.S.A. 26-501 et seq., and amendments thereto, an agency as defined in
K.S.A. 26-501a, and amendments thereto, shall provide notice by personal
service to the owner of property that the agency intends to acquire the
owner's property. The notice shall include a good faith offer of
compensation for the property, which shall be the minimum award of
compensation to the owner. The good faith offer shall not later be reduced
or revoked by the agency, nor shall the agency present evidence or
argument for a lesser amount of compensation in an appeal from an award
notice under K.S.A. 26-508, and amendments thereto.
(b) If the agency makes a subsequent offer prior to the filing of the
petition under K.S.A. 26-501 et seq., and amendments thereto, that is a
greater amount than the initial good faith offer, the subsequent greater
amount shall be the minimum award of compensation for such property.
Sec. 2. K.S.A. 26-501a is hereby amended to read as follows: 26-
501a. On and after July 1, 2007: (a) Private property shall not be taken by
eminent domain except for public use, and private property shall not be
taken without just compensation.
(b) The taking of private property by eminent domain for the purpose
of selling, leasing or otherwise transferring such property to any private
entity is prohibited except as provided in K.S.A. 26-501b, and
amendments thereto.
(c) "Agency" includes the state and municipalities as defined in
K.S.A. 75-6102, and amendments thereto, public utilities as defined in
K.S.A. 66-104, and amendments thereto, and other entities listed in K.S.A.
26-501b(b), and amendments thereto.
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(d) "Public use" does not include the use of any property for
recreational trails, which are trails used for hiking, bicycling, horseback
riding or other forms of recreational travel.
(e) This section shall be a part of and supplemental to the eminent
domain procedure act.
Sec. 3. K.S.A. 26-501b is hereby amended to read as follows: 26-
501b. On and after July 1, 2007, the taking of private property by eminent
domain for the purpose of selling, leasing, or otherwise transferring such
property to any private entity is authorized if the taking is:
(a) By the Kansas department of transportation or a municipality and
the property is deemed excess real property that was taken lawfully and
incidental to the acquisition of right-of-way for a public road, bridge or
public improvement project, including, but not limited to, a public
building, park, recreation facility, water supply project, wastewater and
waste disposal project, storm water project and flood control and drainage
project;
(b) by any public utility, as defined in K.S.A. 66-104, and
amendments thereto, gas gathering service, as defined in K.S.A. 55-1,101,
and amendments thereto, pipe-line companies, railroads and all persons
and associations of persons, whether incorporated or not, operating such
agencies for public use in the conveyance of persons or property within
this state, but only to the extent such property is used for the operation of
facilities necessary for the provision of services;
(c) by any municipality when the private property owner has
acquiesced in writing to the taking;
(d) by any municipality for the purpose of acquiring property which
that has defective or unusual conditions of title, including, but not limited
to, clouded or defective title or unknown ownership interests in the
property; or
(e) by any municipality for the purpose of acquiring property which
that is unsafe for occupation by humans under the building codes of the
jurisdiction where the structure is situated;
(f) expressly authorized by the legislature on or after July 1, 2007, by
enactment of law that identifies the specific tract or tracts to be taken. If
the legislature authorizes eminent domain for private economic
development purposes, the legislature shall consider requiring
compensation of at least 200% of fair market value to property owners.
(g)(f) This section shall be a part of and supplemental to the eminent
domain procedure act.
Sec. 4. K.S.A. 26-502 is hereby amended to read as follows: 26-502.
Subject to section 1, and amendments thereto, a petition shall include
allegations of: (1) Clear and convincing evidence that the taking is
necessary and for a public use, and the agency has the authority for and
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the purpose of the taking; (2) a description of each lot, parcel or tract of
land and the nature of the interest to be taken; and (3) insofar as their
interests are to be taken (a), the name of any owner and all lienholders of
record, and (b) the name of any party in possession. Such petition shall be
verified by affidavit. Upon the filing of such petition, the court, by order,
shall fix the time when the same such petition will be taken up. No defect
in form which that does not impair substantial rights of the parties shall
invalidate any proceeding.
Sec. 5. K.S.A. 26-507 is hereby amended to read as follows: 26-507.
(a) Payment of award; vesting of rights. If the plaintiff desires to continue
with the proceeding as to particular tracts the plaintiff, within 30 days from
the time the appraisers' report is filed, shall pay to the clerk of the district
court the amount of the appraisers' award or the amount of the good faith
offer, if greater, as provided in section 1, and amendments thereto, as to
those particular tracts and court costs accrued to date, including appraisers'
fees. Such payment shall be without prejudice to plaintiff's right to appeal
from the appraisers' award. Except as provided further, upon such payment
being made, the title, easement or interest appropriated in the land
condemned shall thereupon immediately vest in the plaintiff, and it shall
be entitled to the immediate possession of the land to the extent necessary
for the purpose for which taken and consistent with the title, easement or
interest condemned. If such property contains a defendant's personal
property, a defendant shall have 14 days from the date such payment is
made to the clerk of the district court to remove such personal property
from the premises. The plaintiff shall be entitled to all the remedies
provided by law for the securing of such possession. The clerk of the
district court shall notify the interested parties that the appraisers' award
has been paid and that the defendant shall have 14 days from the payment
date to remove personal property from the premises.
(b) Abandonment. If the plaintiff does not make the payment
prescribed in subsection (a) for any of the tracts described in the petition,
within 30 days, from the time the appraisers' report is filed, the
condemnation is abandoned as to those tracts, and judgment for costs,
including the appraisers' fees together with judgment in favor of the
defendant for the reasonable expenses incurred in defense of the action,
shall be entered against the plaintiff. After such payment is made by the
plaintiff to the clerk of the court, as provided in subsection (a), the
proceedings as to those tracts for which payment has been made can only
be abandoned by the mutual consent of the plaintiff and the parties
interested in the award.
Sec. 6. K.S.A. 26-501a, 26-501b, 26-502 and 26-507 are hereby
repealed.
Sec. 7. This act shall take effect and be in force from and after its
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publication in the statute book.1