Brief⁽¹⁾

S.B. 448 amends the Kansas Eminent Domain Procedures Act as follows. The bill:

1. requires appraisers to be residents instead of householders, requires they have experience in the valuation of real estate, and requires they be from the county or contiguous counties where the property to be condemned is located;

2. changes certain time frames as follows: requires the appraiser's report be filed within 20 to 60 days after the entry of the order appointing the appraisers instead of within 20 days; provides that an appeal may be taken within 30 days following the filing of the appraiser's report or the mailing of notice of the filing of the report, whichever is later; and permits the court to extend the time for appeal not to exceed an added 30 days upon a showing of excusable neglect;

3. adds a definition of fair market value taken from K.S.A. 79-503(a) (property valuation law) and from case law; and

4. requires the judge's instructions prohibit ex parte meetings or communications with the appraisers; authorizes the instructions to permit special studies related to the land taken or the land left; and includes the costs of special studies in the appraiser's costs.

Background

The bill was supported by the Kansas Judicial Council as a result of a study of the eminent domain law. The Senate Committee amended several provisions contained in S.B. 413 into S.B. 448. The League of Kansas Municipalities opposed the provision prohibiting ex parte communications.

The bill has no fiscal impact on the state.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.