Brief⁽¹⁾

S.B. 273 amends the law relating to county roads and permits the condemnation of not to exceed three acres of land for Lecompton Township in Douglas County.

Laying Out, Altering, or Vacating County Roads. The bill allows the board of county commissioners, on its own initiative, or upon petition by an adjacent landowner to layout, alter, or vacate a road. The bill also would require the county clerk to give notice by publication once in the official county newspaper and by certified mail to each property owner adjoining the road.

The bill deletes the current requirement that 12 householders sign a petition to apply to the county commissioners for viewing, reviewing, altering, or vacating a road and eliminates the requirement for the petitioners to post bond to insure payment of all costs by landowners.

Acquisition of Property by Lecompton Township. The bill:

• authorizes the Township Board of Lecompton to request, by resolution, the board of county commissioners to acquire on behalf of the township no more than three acres of land by purchase or eminent domain;



• requires the board to hold a public hearing on the issue;



• allows the board of county commissioners, after a public hearing, to adopt a resolution of its intent to acquire such land or other more suitable land determined by the commissioners;



• requires that the resolution be published at least once for two consecutive weeks in a newspaper of general circulation in the township;



• provides that if 5 percent of township electors file a protest petition, no land could be acquired without an election;



• requires the county to convey acquired land to the township;



• authorizes the township to construct, purchase, or lease buildings; and



• allows the township to issue general obligation bonds subject to the approval of the electors to pay acquisition costs of land and buildings.

County Home Rule Powers. S.B. 273 would also prohibit counties from effecting changes in the provision dealing with the condemnation of land for Lecompton Township and resolve a conflict in the statute concerning home rule authority of counties. The conflict was the result of 1998 legislation amending the statute regarding home rule powers twice.

Background

The bill, as introduced, was supported by Senator Biggs, Representative Wilks, the Board of County Commissioners of Leavenworth County, and the Kansas Association of Counties. The Leavenworth County Counselor testified that current law requires 12 landowners to submit a petition to the Board of County Commissioners when altering, laying out, or vacating county roads. Landowners are also required to post a bond to cover the costs associated with the changes in the road system. The County Counselor favored replacing the current system with one which would authorize a board of county commissioners to undertake these activities and provide notice to the affected landowners of the hearing. The County Counselor also indicated that because county roads are a local issue, greater discretion should be given to county elected officials.

The Senate Committee of the Whole amendment was clarifying in nature.

The House Transportation Committee amendments were technical in nature.

The House Committee of the Whole added the general provisions of Sub. for H.B. 2182 to make land acquisition procedures apply only to Lecompton township. The matter pertaining to county home rule powers was also amended into the bill by the House Committee of the Whole.

The bill has no fiscal impact.

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/bill_search.html