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Minutes for HB2727 - Committee on Water and Environment
Short Title
Requiring contracts for the sale of real estate to provide notice of mineral, oil and gas interests.
Minutes Content for Thu, Feb 15, 2018
The Chair opened the hearing on HB2727.
Staff Nick Myers briefed the Committee on the bill (Attachment 6). He stated that the bill would require any contract for the sale of real estate to contain four provisions in order to make a buyer aware of any mineral rights that might exist.
Proponents
Representative Eileen Horn, District 10, testified as a proponent for the bill (Attachment 7). She said her constituents had made her aware of the need for a more transparent process in purchasing real property; she said that she patterned the bill after a Colorado statute.
Amy Anderson, a citizen in Lawrence, related how costly it has been for her and her neighbors to attempt to stop oil and gas lease holders from drilling on their property because of the vagaries of the current statutes (Attachment 8). She recommended that the bill include a provision of recourse such as is outlined in HB2189.
Patrick Vogelsberg, Vice-President of Government Affairs, Kansas Association of Realtors, spoke in support of the bill, but recommended an amendment to provide more clarity to the bill (Attachment 10).
Written support was provided by Nancy Thellman, Douglas County Commissioners (Attachment 9);
Two members commented that if the land is sold without a licensed realtor, the bill would not apply to the sale; they also noted that the bill will apply to the entire state, since there is no clear way to designate suburban/rural property as opposed to property within the current city limits.
Neutral
Ken White, White Exploration and Chair, Kansas Independent Oil and Gas Association, spoke in support of the Realtors' amendment and added a further recommendation to strike lines 18-25 and lines 27-31 (Attachment 11).
David Bleakley, Executive Vice President, Colt Energy, Eastern Kansas Oil and Gas Association, said that the Association generally supports the bill, but recommended adding "oil and gas lease" on line 14 (Attachment 12).
Opponent
Eric Nordling, Executive Secretary, Southwest Kansas Royalty Owners Association, provided written-only opposition to the bill (Attachment 13).
The Chair closed the hearing on HB2727.
