Proposals before Senate Judiciary Committee on eminent domain: Wichita (KS) Eagle, 1/31/06

Associated Press

  • SCR 1616: Adds a new section to the Kansas Constitution's Bill of Rights to protect property rights, banning the use of eminent domain power "to transfer real property from one private owner to another."
  • SCR 1612: Adds a new section to Article 15 of the constitution, saying governments couldn't transfer property from one private owner to another "except as the Legislature may provide by law."
  • SB 323: Enacts a law prohibiting governmental transfer of property from one private owner to another unless there is no reasonable alternative to meet a public purpose and the property is unsafe, in a state of disuse or has been unoccupied for five years.
  • SB 398: Changes eminent domain laws to make it easier for owners to go to court to challenge an appraisal of their property when a government seeks to force its sale.
  • SB 446: Proposal by the League of Kansas Municipalities that says when governments seek to force people to sell property for a private economic development project, the owners receive 25 percent more than the fair market value. Also, every project must have an economic development plan and be subject to public hearings. Approval of a plan requires a two-thirds majority of the governmental body.

Wichita Eagle: www.kansas.com