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"This memorandum addresses the power of eminent domain and its use by the legislative branch, relevant case law at the federal and state level, the intersection of local government and eminent domain and permitted uses, and recent review of this topic by the Kansas Legislature. Eminent domain, in its simplest terms, is the inherent power of a governmental entity to take private property and convert it to public use. More specifically, it is the power of a public entity to take private property without the owner's consent, conditioned upon the payment of just compensation. Eminent domain is a right founded on the law of necessity, which is inherent in sovereignty and essential to the existence of government. The power of eminent domain belongs exclusively to the legislative branch and to those entities or individuals authorized by statute to exercise the power. The government's exercise of the power of eminent domain is subject to several important constitutional limits, including the requirement for payment of just compensation and the requirement that the property owner be granted due process of law, including notice and an opportunity for a hearing."

Discusses the state selling or acquiring open space land (outside of land transfers in the legislature's annual conveyance act).

Testimony in opposition to Senate Bill 547, which would amend K.S.A. 26-513 by prohibiting, for a period of 30 years, the sale, lease, or transfer of property that has been acquired by a condemning authority. KDOT believes that, since this would apply to property that KDOT acquires through condemnation, purchase, or dedication, that this bill would adversely impact KDOT's ability to manage its right-of-way and will have a negative impact on revenues generated from KDOT right-of-way.

Testimony in opposition to House Bill 2800, which KDOT believes will introduce problems with uniformity, delay, increased cost, and compliance with the federal statutes and regulations governing relocation assistance services and the payments that KDOT provides to landowners and tenants on property being acquired.

Testimony in opposition to House Bill 2032, as amended by the House Committee on Judiciary, concerning eminent domain and relocation assistance. KDOT feels that the language of the bill would cause confusion concerning appropriate appeal procedures; cause delays blocking the progress of the project; require full appraisals on every acquisition, the cost of which would far exceed the value of the property to be acquired; and remove the appeal parameters that confine the issues to those considered by the appraisers in determining the award to the landowner, thus providing strong incentive for landowners to appeal the award.