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Committee hears bill to require electric utilities to pay landowners’ attorney fees in certain eminent‑domain appeals
Summary
Senate Bill 61 would require courts to award landowners attorney fees when an electric public utility appeals an appraiser award and a jury returns a higher verdict. Proponents said the change would help small landowners; utility witnesses warned it could encourage appeals and singled out electric transmission companies.
The Senate Judiciary Committee held a hearing on Senate Bill 61, a measure that would make it mandatory for a court to award a landowner attorney fees when an electric public utility appeals an appraiser’s award in an eminent-domain action and a jury subsequently returns a verdict greater than the appraisers’ award.
Reviser (statutory briefing): "Senate Bill 61 relates to eminent domain law. The bill amends K.S.A. 26-509. Current law provides the court may award attorney fees when a condemning authority appeals and a jury returns a verdict for the landowner greater than the appraisers’ award. This bill would require the court to award attorney fees when the plaintiff is an electric public utility and either party appeals and the jury verdict exceeds the appraisers’ award."
Proponents representing landowner interests told the committee the bill responds to mounting transmission development and the…
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