The Kansas Land and Military Installation Protection Act is designed to protect specific real properties and military installations in Kansas by prohibiting foreign principals from countries classified as a concern from acquiring interests in these properties. The bill defines "country of concern" to include foreign adversaries and organizations identified as foreign terrorist organizations, with Taiwan explicitly excluded. It requires foreign principals to register any interest in real property located within 100 miles of a military installation with the attorney general, and non-compliance will necessitate divestiture of such interests. The attorney general is granted the authority to investigate violations and enforce compliance, including seeking divestiture through court actions. Additionally, the bill mandates that Kansas State University report annually on foreign land holdings and allows the fusion center oversight board to establish rules regarding the designation of foreign terrorist organizations.
The bill also amends existing forfeiture laws, clarifying conditions under which property may be forfeited. It specifies that conveyances used by common carriers are not subject to forfeiture unless the owner is complicit in a violation, and it protects property from forfeiture if the owner was unaware of illegal conduct or acted reasonably to prevent it. Property acquired in good faith after illegal conduct is exempt from forfeiture if the owner was not involved in the illegal transaction. Furthermore, the bill provides protections for attorneys acquiring property interests as payment for legal services related to violations of this act, unless they were aware of probable cause for forfeiture. The state must prove that any claimed exemption is inapplicable, and evidence from compelled attorney-client communications is inadmissible. The bill also requires courts to evaluate whether proposed forfeitures are unconstitutionally excessive and repeals certain sections of the Kansas Statutes Annotated concerning forfeiture.
Statutes affected: As introduced: 60-4104, 60-4106, 60-4112