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Minutes for SB61 - Committee on Judiciary
Short Title
Requiring an electric public utility to pay a landowner's attorney fees when a party appeals the appraisers' award and the jury renders a verdict that is greater than the appraisers' award in an eminent domain action.
Minutes Content for Thu, Jan 30, 2025
Chairwoman opened the hearing on SB61.
Natalie Scott, Revisor Office, provided an overview of the bill and stood for questions. (Attachment 1)
Wendee Grady, Assistant General Counsel, The Kansas Farm Bureau, provided testimony in support of the bill. She stated legal representation can be helpful to landowners in all stages of the easement acquisition process, whether to negotiate a mutual agreement with a transmission company or to advocate for them in an eminent domain proceeding. Cost of legal representation can be a barrier to obtaining representation. For those reasons we support SB61. (Attachment 2)
Aaron M. Popelka, Vice President Of Legal and Governmental Affairs, Kansas Livestock Association (KLA), stated they support this bill, as at the heart of the bill, is the need to protect landowners and private property rights in Kansas. KLA supports legislation that provides for full compensation to property owners for any property interest taken through eminent domain. (Attachment 3)
Proponent Conferees stood for questions Research on data would be helpful for the committee. How many appeals? Are they approved, or not? Statistics are needed for conversation on the volume of instances.
Proponent - written only testimony was submitted by Douglas J. Patterson, Attorney, Patterson Law, Leawood, Kansas (Attachment 4)
Dave Peck, Director, Project Management, Evergy, ITC, Kansas Municipal Utilities, Liberty Utilities, Next Era Energy Transmission spoke in opposition to this bill. The conferee described the process they follow to be transparent. When a property owner and public utility cannot reach an agreement on a price, a three-member panel appraiser is given the task to determine fair market value of the easement. Neither party has an advantage with this process and both parties are allowed to provide evidence as to what they believe to be reasonable and appropriate. On behalf of the electric utilities with retail customers and transmission-only utilities, we urge the Committee to take no action on SB61 and leave the current system in place. (Attachment 5)
Opponents, written only testimony was submitted by Reagan McCloud, Director of Government Relations, Kansas Electric Cooperatives, Inc. (Attachment 6)
Opponents conferee stood for questions and was also asked for additional data on court action statistics.
No further testimony on SB61 was submitted.
Chairwoman closed the hearing on SB61
Meeting minutes from 1-21, 1-22, and 1-23-2025 were submitted for review or discussion. The Chairwoman asked if there was a motion to approve the minutes as submitted. Senator Haley moved and Senator Shane seconded the motion. The motion carried.
The meeting adjourned at 11:35 a.m.
