Kansas 2023-2024 Regular Session

Kansas Senate Bill SB417

Introduced
1/29/24  
Refer
1/30/24  
Report Pass
2/20/24  
Engrossed
2/28/24  
Refer
2/28/24  

Caption

Limiting the secretary of wildlife and park's authority to exercise the right of eminent domain.

Impact

The repeal would mean that the Secretary of Wildlife and Parks would no longer have the power to take private property for public use under eminent domain, which could lead to challenges in expanding wildlife areas and parks. This is notably important given the state's ongoing efforts to manage and protect wildlife habitats. The bill reflects an ongoing discussion about government powers versus property rights, particularly in rural areas where land use is a critical concern for residents.

Summary

Senate Bill 417 aims to repeal K.S.A. 32-840, which currently gives the Secretary of Wildlife and Parks in Kansas the authority to exercise the right of eminent domain. By removing this authority, the bill significantly alters the landscape of land acquisition processes concerning wildlife management and park preservation. The bill has implications for how the state can acquire land necessary for public use, particularly in relation to wildlife habitats and natural resources management.

Contention

Debate around SB 417 may arise from concerns over the balance of government authority and individual property rights. Supporters of the repeal argue it protects private property owners from potential overreach by the government, while opponents might contend that limiting the Secretary's authority could hamper necessary conservation efforts. The bill also raises questions about alternative methods for land acquisition in the context of environmental stewardship and community interests.

Companion Bills

No companion bills found.

Previously Filed As

KS HB446

Virginia Passenger Rail Authority; expands authority to exercise power of eminent domain.

KS HB1550

Eminent Domain and Condemnation Authority - Repeal (Property Rights Protection Act)

KS HB3968

Eminent domain; defining term; limiting the use of eminent domain; statutory references; effective date.

KS SB49

Prohibit the exercise of the right of eminent domain for the construction of certain facilities.

KS HB1233

Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

KS HB1233

Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

KS HB2290

Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

KS HB2290

Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

KS SB262

Requiring government agencies, public utilities and other entities when exercising the power of eminent domain to make a good faith offer for the property prior to filing an eminent domain action, providing the good faith offer, if greater than the appraiser's award, shall be deposited with the court, allowing appeals from that amount, prohibiting the exercise of eminent domain for recreational trails and park and recreational facilities and deleting the power of the legislature to condemn property for economic development.

KS HB2187

Requiring government agencies, public utilities and other entities when exercising the power of eminent domain to make a good faith offer for the property prior to filing an eminent domain action, providing the good faith offer, if greater than the appraiser's award, shall be deposited with the court, allowing appeals from that amount, prohibiting the exercise of eminent domain for recreational trails and park and recreational facilities and deleting the power of the legislature to condemn property for economic development.

Similar Bills

No similar bills found.