Bill aims at eminent domain reform
Mar. 21—TOPEKA — A bill has targeted eminent domain laws in Kansas as a Barton County landowner awaits a decision on a taking affecting construction of Grain Belt Express's electric transmission line.
Senate Bill 262, authored and introduced by the Senate Committee on Federal and State Affairs on Feb. 11, was referred to the Committee on Judiciary on Feb. 14. Sen. Tory Marie Blew (R-Great Bend) is the vice-chair of the Affairs Committee.
Sen. Blew was in Topeka Thursday attending a long session on the Senate Floor; after a recess Friday the Senate resumes on Monday at 10 a.m. She explained that her Affairs committee is exempt from certain procedural deadlines.
"Anyone can introduce a bill in any committee, but Fed and State is an exempt committee so the bill never 'dies,'" she said. A hearing on the bill has yet to be scheduled.
The bill in similar form was introduced in the House as HB 2187 by Kansas Rep. Brett Fairchild (R-St. John) on Jan. 31 and referred to the House Committee on Judiciary.
About SB 262
Senate Bill 262 is an extensive revision of K.S.A. 26-501, 502 and 507, which have been on the books since 1963 with some definitions revised in 2007.
As introduced on Feb. 11, 2025, the bill seeks to eliminate the legislature's authority to seize private property for economic development purposes and to narrow the definition of "public use" in eminent domain cases.
One of the key provisions of Senate Bill 262 mandates that any agency intending to acquire private property must provide a good faith offer of compensation to the property owner at least 30 days before filing an eminent domain petition. This offer must be the minimum compensation amount and cannot be reduced or revoked once made.
The bill also prohibits the taking of private property for the purpose of transferring it to a private entity, reinforcing the notion that eminent domain should only be used for public benefit. This change addresses growing concerns among property owners and advocates who argue that previous laws allowed for excessive government overreach in property acquisition. Additionally, of a good faith offer exceeds the appraiser's award, the greater amount may be subject to appeal only by the property owner.
Debate surrounding Senate Bill 262 has been notable, with proponents arguing that it protects property rights and ensures fair compensation for landowners. Critics, however, express concerns that the bill may hinder necessary economic development projects by making it more difficult for agencies to acquire land for public infrastructure or community improvements.
A landowner's support
Tammy Hammond, founder, owner and CEO of Rosewood Services in Barton County, this week submitted written testimony to Sen. Kellie Warren, chair of the Senate Committee on Judiciary to be offered at a future hearing in consideration of the bill.
Currently, Hammond is awaiting the decision of a court-appointed panel of appraisers charged with determination of the contested value of approximately 30 acres of Rosewood Ranch being sought as easement property for Invenergy's Grain Belt Express. GBE plans to construct a 780-mile, 5,000-volt direct current transmission line through Kansas, which includes locating and building several support towers averaging 150 feet in height on four tracts of Rosewood property. After filing a petition invoking eminent domain, GBE and Hammond participated in a condemnation hearing held March 7 and Barton County Courthouse. Along with hearing testimony from witnesses on both sides, the panelists adjourned the hearing to view the Ranch where staked-out locations indicated where the towers were planned to be placed.
In her testimony, Hammond noted that she was "encouraged to see that the current senate bill addresses fair compensation, especially since Invenergy has not compensated landowners adequately. In my own case, the easement agreement is not even written correctly and does not properly describe the prior use of the land for which compensation is being sought.
"I want to make sure that any legislation that is passed cannot simply be circumvented by corporate interest that run counter to the welfare of Kansans. It's crucial that lawmakers understand the future threats to our land, given strategies on the part of private developers to take property for new projects with the encouragement of state and federal governmental agencies."
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