Bill
HB 2187
HB 2187 tightens eminent domain by requiring pre-filing notice with a good-faith offer, raises the evidentiary standard, and narrows public use, limiting taking for private economi
Note: the materials you provided contain multiple, conflicting references to different HB 2187 bills (including an Arizona university governance draft and other fragments). The summary below is of the Kansas bill text and fiscal note actually included in the document set — the HB 2187 introduced by Representative Fairchild (eminent domain reform). If you intended a different HB 2187 (for example the title you gave about “children who are not taught in a public school”), tell me and I will summarize that instead.
HB 2187 (Kansas, introduced Jan 29, 2025) — Summary
Purpose and intent
- Tighten eminent domain procedures and protections for private property owners by (1) requiring pre‑filing notice and a “good faith” compensation offer, (2) raising the evidentiary standard for takings, and (3) narrowing what counts as “public use.” Also removes statutory language authorizing the Legislature to condemn land for private economic development purposes.
Key provisions and changes
- Pre‑filing notice and offer: Agencies (state agencies, municipalities, public utilities and certain other entities) must personally serve property owners at least 30 days before filing an eminent domain petition. The notice must include a good‑faith offer of compensation; that offer becomes the minimum award of compensation and may not be later reduced by the agency or argued to be lower on appeal.
- Subsequent greater offer: If the agency makes a larger offer prior to filing the petition, that larger amount becomes the minimum compensation.
- Higher evidentiary standard: A condemnation petition must include allegations supported by clear and convincing evidence that the taking is necessary, constitutes a public use, and that the agency has authority for the taking.
- Narrowed “public use”: The bill expressly excludes recreational trails (hiking, bicycling, horseback riding, other recreational travel) from the definition of public use.
- Legislative takings for private economic development: Removes language authorizing the Legislature to take private property for private economic development; retains limited exceptions in statute (e.g., KDOT or municipalities disposing of excess right‑of‑way, takings by utilities for operational use, municipally‑consented takings, acquisition of defective title or unsafe structures, and legislative takings that identify specific tracts — with a note that future legislative authorizations could consider 200% of fair market value).
- Petition content and payment: Petitions must describe tracts/interest, owner/lienholder names, and be verified. If plaintiff wishes to continue after appraisers’ report, payment to the court of the appraisers’ award or the good‑faith offer (if greater) plus costs must be made within 30 days to vest title.
Who is affected
- Property owners in Kansas (greater pre‑claim notice and minimum compensation protections).
- Agencies that use eminent domain: Kansas Department of Transportation (KDOT), municipalities, public utilities, and other entities defined in statute — their legal burden and acquisition workflows would change.
- Courts: increased responsibility to make explicit findings under the higher “clear and convincing” standard.
- State finances and KDOT operations: more condemnations expected, raising costs paid from State Highway Fund and increasing workload/staffing.
Fiscal and procedural impacts (from Division of the Budget / KDOT fiscal note)
- KDOT projects increased workload and more tracts proceeding to condemnation (estimates assume as many as all acquired tracts proceed to condemnation).
- FY2025: one‑time increase of $106,081 (State Highway Fund) to hire 8 FTE (late FY hiring).
- FY2026 and FY2027: estimated annual increase of $20,065,725 (State Highway Fund) — $644,261 for the 8 additional positions and approximately $19.42 million for additional condemnation costs (estimated tract awards, appraisers’ fees). Estimates are speculative and do not include inflation, project delays, travel, lodging, outside counsel, or safety/delay costs.
- Office of Judicial Administration: minimal fiscal effect absorbable within existing resources.
- League of Kansas Municipalities and Kansas Association of Counties: no fiscal effect reported.
Procedural/timeline notes
- Bill was introduced Jan 29, 2025; fiscal note dated Feb 26, 2025.
- Status indicated as “In committee upon adjournment” in the materials.
- The statutory text references and amends K.S.A. sections for immediate incorporation into the eminent domain procedure act (no explicit effective date provided in the draft excerpt).
If you want: I can (a) produce a concise one‑page briefing for legislators, (b) compare this bill to current Kansas eminent domain law, or (c) summarize the other HB 2187 drafts (Arizona, Illinois) included in your packet. Which would you prefer?
Compiled from official sources — confirm details with the bill’s official record.
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