SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 417
As Amended by Senate Committee of the Whole

Brief*
SB 417, as amended, would change the eminent
domain authority of the Secretary of Wildlife and Parks
(Secretary).
The bill would be in effect upon publication in the
Kansas Register.

Eminent Domain Authority
The bill would remove the Secretary’s authority to
exercise eminent domain:
● To acquire water and water rights;
● To add to state parks, state lakes, recreational
areas, wildlife areas and sanctuaries, natural
areas, fish hatcheries, and other lands, waters, and
facilities as provided for in law; and
● For the purposes of protecting lands, waters and
facilities, and their environs and preserving the
view, appearance, light, air, health, and usefulness
thereof by reselling the property with restrictions in
the deeds of resale as will protect the property
taken for such purposes.
The bill would also remove the ability of the Secretary to
protect and improve waters through eminent domain.
____________________
*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.kslegislature.org
 The bill would authorize the Secretary to use eminent
domain for the purpose of access to resources or land
already owned by the Kansas Department of Wildlife and
Parks (KDWP).

Utilization of Proceeds
The bill would remove the ability of the Secretary to use
proceeds arising from the resale of any property that was
acquired through eminent domain for the purpose of
improving lands, waters, and facilities under the jurisdiction
and control of the Secretary.

Attorney General Discretion
The bill would allow the Attorney General, upon request
of the Secretary, to have discretion on whether to proceed by
proper actions to acquire by condemnation all lands or rights
required by KDWP. The bill would remove all water or water
rights from this provision.

Background
The bill was introduced by the Senate Committee on
Agriculture at the request of Senator Peck.

Senate Committee on Agriculture and Resources
In the Senate Committee hearing, Senator Steffen and
Representative Corbet provided proponent testimony, stating
the statute is antiquated, and the power of eminent domain
should never be allowed to be exercised by an unelected,
appointed official. Written-only proponent testimony was
provided by a representative of the Kansas Cattlemen’s
Association, the Office of the Attorney General, and a private
citizen.

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 The Secretary provided neutral testimony and provided
background information on how the KDWP was formed, the
historical use of eminent domain, and the restrictions on its
use.
No other testimony was provided.
The Senate Committee amended the bill to:
● Retain KSA 32-840 [Note: The bill, as introduced,
would have repealed the statute.];
● Remove provisions that specify the purposes for
which the Secretary could take, use, or appropriate
property and replace with language specifying the
Secretary could take, use, or appropriate property
for the purpose of access to resources or land
already owned by the KDWP;
● Remove the ability of the Secretary to use
proceeds from resale of property taken by eminent
domain to improve land, water, and facilities under
the Secretary’s jurisdiction; and
● Provide the Attorney General the discretion to act
on the Secretary’s request.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill
to:
● Prohibit the Secretary from acquiring water and
water rights through eminent domain;
● Remove “waters” from the list of those natural
resources the Secretary would protect through the
use of eminent domain; and

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 ● Remove water and water rights from the provision
of the bill that states the Attorney General would
have discretion to proceed by proper action to
acquire lands or rights required by KDWP, upon
request of the Secretary.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, enactment of the bill
would have no fiscal effect.
Kansas Department of Wildlife and Parks; Secretary of Wildlife and Parks; eminent
domain; land access; resources access


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Statutes affected:
As introduced: 32-840
As Amended by Senate Committee: 32-840
{As Amended by Senate Committee of the Whole}: 32-840