SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 457
As Amended by Senate Committee of the Whole

Brief*
SB 457, as amended, would clarify the term “public
utility” in statute, for the purposes of appropriation of property
through eminent domain, to include solar powered electric
equipment, including solar panels. The bill would prohibit
public utilities from exercising eminent domain for the
purpose of siting or placement of solar facilities.
The bill would also make technical changes.

Background
The bill was introduced by the Senate Committee on
Utilities at the request of a representative of the Kansas Farm
Bureau.

Senate Committee on Utilities
In the Senate Committee hearing, proponent testimony
was provided by representatives of the Kansas Farm Bureau
and Kansas Livestock Association and a private citizen. The
proponents indicated enactment of the bill would further
protect private citizens and their private property rights from
companies looking to obtain land through the use of eminent
domain.
Neutral testimony was provided by a representative of
Advanced Power Alliance, who stated that while the bill may
____________________
*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
be redundant and duplicative of current law, the bill makes a
clear policy statement that eminent domain is not to be used
for the construction of solar powered electric generation.
No other testimony was provided.

Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
remove the term “generation.”

Fiscal Note
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Corporation
Commission and Citizens’ Utility Ratepayer Board indicate
enactment of the bill would have no fiscal effect.
Public utilities; eminent domain; siting; solar; solar facilities


2- 457


Statutes affected:
As introduced: 66-104
{As Amended by Senate Committee of the Whole}: 66-104