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Judiciary committee hears overview of eminent domain, utilities and Grain Belt Express land-acquisition practices
Summary
The Senate Judiciary Committee received an overview of eminent domain law in Kansas and heard testimony from utilities and developers describing land-acquisition practices, voluntary easement rates, and concerns about transmission siting and property valuation.
The Kansas Senate Judiciary Committee held an informational briefing on eminent domain and the exercise of condemnation authority by government agencies and utilities, with an eye toward transmission lines, recreational trails and park projects.
A legislative reviser opened the briefing with an overview of the state's eminent-domain framework. The reviser said Kansas possesses an inherent sovereign power of eminent domain that the legislature may delegate to public and private entities, but that any taking requires just compensation under the U.S. Constitution and the Kansas Constitution (article XII, section 4) and must follow the Eminent Domain Procedure Act (KSA 26-5xx series). The reviser summarized valuation procedures: a presiding judge appoints three disinterested appraisers who examine the land, hold a public hearing, receive testimony from interested parties and consider statutorily listed factors to determine fair market value.
Representative Brett Fairchild,…
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