Kansas 2025-2026 Regular Session

Kansas Senate Bill SB61

Introduced
1/22/25  

Caption

Requiring an electric public utility to pay a landowner's attorney fees when a party appeals the appraisers' award and the jury renders a verdict that is greater than the appraisers' award in an eminent domain action.

Impact

The bill seeks to amend K.S.A. 26-509, which outlines the procedures for eminent domain cases involving condemnors, and it highlights the obligation of electric public utilities to cover landowner legal fees in successful appeals. By doing this, the legislation is expected to provide more equitable treatment to landowners, encouraging them to challenge unjust appraisals without the risk of incurring high legal costs. This potential shift could lead to increased scrutiny on how utilities conduct their business regarding land acquisition.

Summary

Senate Bill 61 introduces measures concerning the process of eminent domain as it pertains to electric public utilities. Specifically, the bill mandates that if an electric public utility appeals an award by court-appointed appraisers and the jury's verdict is in favor of the landowner, the utility must bear the attorney fees of the landowner. This amendment aims to shift some of the financial burdens of legal proceedings onto the utility companies, as opposed to the landowners who are already facing the challenges of having their land appropriated.

Contention

Notably, there may be contention surrounding this bill as utilities might argue that imposing attorney fee responsibilities could complicate and slow down the process of eminent domain actions. Proponents, on the other hand, advocate that the bill empowers landowners, ensuring they have adequate representation during disputes with powerful utility companies. The debate surrounding this bill indicates contrasting values concerning the rights of landowners versus the operational needs of utility providers, reflecting broader discussions about property rights and corporate responsibility.

Companion Bills

No companion bills found.

Previously Filed As

KS SB323

Providing for the election of county appraisers.

KS HB2183

Removing the cap on damages that may be awarded in wrongful death actions.

KS SB443

Requiring landowners whose land is taken by eminent domain for electric transmission lines to be compensated at not less than fair market value multiplied by 150%.

KS HB2691

Requiring landowners whose land is taken by eminent domain for electric transmission lines to be compensated at not less than fair market value multiplied by 150%.

KS SB88

Providing for the statewide election of commissioners of the state corporation commission, establishing the utilities regulation division in the office of the attorney general, requiring such division to represent and protect the collective interests of utility customers in utility rate-related proceedings and exempting the state corporation commission from the open meetings act.

KS HB2154

Providing for the statewide election of commissioners of the state corporation commission, establishing the utilities regulation division in the office of the attorney general, requiring such division to represent and protect the collective interests of utility customers in utility rate-related proceedings and exempting the state corporation commission from the open meetings act.

KS HB2002

Providing countywide retailers' sales tax authority for Dickinson and Grant counties, providing for a sales tax exemption for area agencies on aging and purchases made by Kansas suicide prevention HQ, inc., providing that the secretary of revenue file a release of warrant in the county where such warrant is docketed, granting authority to the director of property valuation to develop qualifying courses and providing that certain tax notices and statements may be transmitted by electronic means by the county treasurer and county appraiser if consented to by the taxpayer.

KS SB312

Requiring the approval of the board of county commissioners prior to the exercise of the power of eminent domain by certain public utilities.

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

KS HB2227

Authorizing certain power purchase agreements with renewable energy suppliers, exempting the sales of electricity pursuant to power purchase agreements from public utility regulation and requiring electric public utilities to enter into parallel generation contracts with certain customers of the utility.

Similar Bills

No similar bills found.