26-501b. Eminent domain; transfer to private entity authorized, when.
26-501b
26-501b. Eminent domain; transfer to private entityauthorized, when.On and after July 1, 2007, the taking of private property byeminent domain for thepurpose of selling, leasing, orotherwise transferring such property to any private entity is authorizedifthe taking is:
(a) By the Kansas department of transportation or a municipality and theproperty is deemed excess real property that was taken lawfully and incidentalto the acquisition of right-of-way for a public road, bridge or publicimprovement project including, but not limited to a public building, park,recreation facility, water supply project, wastewater and waste disposalproject, storm water project and flood control and drainage project;
(b) by any public utility, asdefined in K.S.A. 66-104, and amendments thereto, gas gathering service, asdefined in K.S.A. 55-1,101, and amendments thereto, pipe-line companies,railroads and all persons and associations of persons, whether incorporated ornot, operating such agencies for public use in the conveyance of persons orproperty within this state, but only to the extent suchproperty is used for the operation of facilities necessary for the provision ofservices;
(c) by any municipality when the private property owner has acquiesced inwriting to the taking;
(d) by any municipality for the purpose of acquiring property which hasdefective or unusual conditions of title including, but not limited to, cloudedor defective title or unknown ownership interests in the property;
(e) by any municipality for the purpose of acquiring property which isunsafe for occupation by humans under the building codes of the jurisdictionwhere the structure is situated;
(f) expressly authorized by the legislature on or after July 1, 2007, byenactment of law that identifies the specific tract or tracts to be taken.If the legislature authorizes eminent domain for private economic developmentpurposes, the legislature shall consider requiring compensation of at least200% of fair market value to property owners.
(g) This section shall be part of and supplemental to the eminent domainprocedure act.
History: L. 2006, ch. 192, § 2; May 25.