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, while explicitly excluding Taiwan. It requires foreign principals with interests in real property near military installations to register with the attorney general and establishes penalties for non-compliance, including divestiture of property interests. The attorney general is granted authority to investigate violations and enforce compliance, while the fusion center oversight board can adopt rules regarding the designation of foreign terrorist organizations. Additionally, Kansas State University is tasked with providing annual reports on foreign land holdings.
The bill also amends existing forfeiture laws, clarifying conditions under which property can 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 acquired without knowledge of illegal conduct or through reasonable preventive measures. Furthermore, it introduces provisions regarding attorneys' interests in property related to legal services, exempting them from forfeiture unless the attorney was aware of probable cause for forfeiture prior to acquisition. The state must prove that any claimed exemption does not apply, and evidence from compelled attorney-client communications is inadmissible. The bill mandates courts to assess whether proposed forfeitures are unconstitutionally excessive before final judgment and repeals certain sections of existing law.
Statutes affected: As Introduced: 60-4104, 60-4106, 60-4112
As introduced: 60-4104, 60-4106, 60-4112