77-701 Short title.

77-701. Short title. On and after January 1, 1996, this act shall be known and may be cited as the private property protection act. History: L. 1995, ch. 170, § 1; July 1.

77-702 Public policy; purpose of act.

77-702. Public policy; purpose of act. On and after January 1, 1996, it is the public policy of the state of Kansas that state agencies, in planning and carrying out governmental actions, anticipate, be sensitive to and account for the obligations imposed by the fifth and the 14th amendments of the constitution of the United […]

77-703 Definitions.

77-703. Definitions. On and after January 1, 1996, as used in this act, unless the context requires otherwise: (a) “Take” or “taking” means, due to a governmental action, private property is taken or its use is restricted or limited by a governmental action such that compensation to the owner of the property is required by […]

77-704 Attorney general to establish guidelines for state agencies to follow.

77-704. Attorney general to establish guidelines for state agencies to follow. The attorney general for the state of Kansas shall establish on or before January 1, 1996, and update annually guidelines to assist state agencies in evaluating proposed governmental actions and in determining whether such actions may constitute a taking. These guidelines shall be published […]

77-705 Same; promulgation of rules and regulations.

77-705. Same; promulgation of rules and regulations. On and after January 1, 1996, the guidelines developed by the attorney general shall be adhered to by state agencies in promulgating rules and regulations pursuant to K.S.A. 77-415 et seq., and amendments thereto. History: L. 1995, ch. 170, § 5; July 1.

77-706 Written report prepared by state agency prior to governmental action; guidelines.

77-706. Written report prepared by state agency prior to governmental action; guidelines. On and after January 1, 1996: (a) Before any governmental action is initiated, the state agency shall prepare a written report available for public inspection that follows the guidelines established by the attorney general and complies with the following, when applicable: (1) Clearly […]

77-707 State agencies evaluate and review rules and regulations.

77-707. State agencies evaluate and review rules and regulations. On or before January 1, 1997, each state agency shall: (a) Review and evaluate all of the agency’s existing rules and regulations in accordance with the guidelines issued by the attorney general pursuant to this act; and (b) prepare and submit to the governor and the […]

77-708 Court determination of a taking that effects property valuation.

77-708. Court determination of a taking that effects property valuation. On and after January 1, 1996, if a state district or appellate court or state agency pursuant to this act determines that a governmental action has resulted in a taking, the effect on the valuation for property tax purposes of such property shall be taken […]

77-709 Attorney fees and expenses.

77-709. Attorney fees and expenses. On and after January 1, 1996, the court may award reasonable attorney fees and expenses to an owner of private property who successfully establishes that a governmental action constitutes a taking of such owner’s private property. History: L. 1995, ch. 170, § 9; July 1.

77-710 Construction of act.

77-710. Construction of act. On and after January 1, 1996, nothing in this act shall be construed to limit the scope of judicial review of an agency action, create a new private cause of action or limit any right of action pursuant to other statutes or at common law. History: L. 1995, ch. 170, § […]

77-711 Severability.

77-711. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. History: […]