Kansas 2025-2026 Regular Session

Kansas Senate Bill SB262

Introduced
2/11/25  

Caption

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.

Impact

The implications of SB262 are extensive, particularly regarding how government entities can exercise their powers of eminent domain. By redefining 'public use' to exclude recreational trails and similar projects, the bill restricts the circumstances under which private property can be taken, thus enhancing protections for individual property rights. The requirement for a good faith offer also introduces a more transparent and potentially fairer process for property owners who may feel threatened by eminent domain actions.

Summary

Senate Bill 262 seeks significant changes to the eminent domain process in Kansas. It eliminates the power of the legislature to take private property for economic development and tightens the definition of 'public use.' The bill mandates that government agencies and public utilities must provide a good faith offer to property owners before initiating any eminent domain actions. This new requirement aims to ensure that property owners are adequately compensated before the government can proceed with property acquisition.

Conclusion

Overall, SB262 represents a notable shift in Kansas's approach to property rights and eminent domain, reflecting a broader societal tension between individual property rights and collective community needs. Its enactment could reshape the landscape of development and public projects, making it a bill worth monitoring as it progresses through the legislative process.

Contention

However, the bill has sparked debate among legislators and stakeholders. Supporters argue that the new measures will protect citizens from government overreach and ensure fair compensation for property owners. Opponents, however, contend that the restrictions could hinder necessary public development projects, potentially stalling economic growth in communities that rely on such initiatives. The opposition voices concern that restricting eminent domain could complicate efforts to undertake significant public infrastructure and community enhancement projects.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS SB7

Authorizing federally licensed firearm dealers, in addition to county sheriffs, to receive applications for concealed carry licenses and forward such applications to the attorney general, prohibiting sheriffs from assessing any fee related to application services and allowing dealers to assess a fee related to application services not to exceed $20.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS SB8

Exempting the sale of firearms, firearms accessories, ammunition, firearm safes and firearm safety devices from the retatilers' sales tax.

KS SCR1604

Proposing to amend section 1 of article 11 of the constitution of the state of Kansas to limit property tax valuation increases for real property and personal property mobile homes.

KS SB6

Providing a sales tax exemption for sales of electricity to residential premises by municipally owned or operated utilities.

KS SCR1601

Informing the Governor that the two houses of the Legislature are organized and ready to receive communications.

KS SB3

Clarifying the procedures and restrictions on accepting a nomination for an elected office.

Similar Bills

CA SB1352

Property taxation: newly constructed: reconstructed property.

CA AB245

Property taxation: application of base year value: disaster relief.

CA SB1053

Property taxation: transfer of base year value: disaster relief.

CA SB603

An act to amend Section 69 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

HI HB1398

Relating To Property.

HI HB1398

Relating To Property.

TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.