SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2314
As Amended by House Committee of the Whole

Brief*
HB 2314, as amended, would revise provisions of law
pertaining to the authority of cities and nonprofit organizations
to petition the district court to possess abandoned property
temporarily for rehabilitation purposes.
“Abandoned property” would include an alternative
definition to the one in current law for residential real estate,
which would mean property that has been unoccupied
continuously for 365 days and has a blighting influence on
surrounding properties. So long as the property’s exterior
would be maintained, residential real estate that is the subject
of a probate action, a mortgage, an action to quiet title, or
other ownership dispute would not be defined as abandoned
property. The current residential definition for abandoned
property, which the bill would retain, means property with
property taxes that have been delinquent for 2 years and has
been unoccupied for 90 days.
“Blighting influence” would be redefined by removing a
provision allowing properties to be determined to be having a
blighting influence as a consequence of the properties having
an adverse impact on other properties in the area. The bill
would replace a reference to morals with a reference to
welfare and would delete some factors that contribute to the
property having a blighting influence.
A city’s governing body, following the service of process
requirements in current law, would be permitted to file a
petition for sale and for temporary possession if the city has
____________________
*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
identified a nonprofit organization to rehabilitate the property
for housing or related residential purposes and the governing
body of the city has formally approved the filing of the
petition. The nonprofit organization would be required to have
existed for at least three years and could take temporary
possession of the property for related residential purposes
such as infrastructure, parks, and parking facilities. Under
current law, a nonprofit organization may take temporary
possession of abandoned property for the exclusive purpose
of rehabilitating housing.
The petition filed by the city would be required to contain
the history of any municipal utility service for at least the
preceding 365 days, the history of property tax payments for
the preceding 3 years, the history of code violations for the
preceding 2 years and efforts by the city to remedy the code
violations, the history of attempts to notify the last known
owner and any enforcement action, and the history of actions
taken by other governmental entities regarding the property.
The bill also would allow a court to extend the time a
defendant to such a petition has to come into compliance with
all applicable codes and prohibit the striking of any affirmative
defense to the petition solely on the basis of delinquent
property taxes.
If the property is determined to be abandoned, the court
would be required to order the property to be sold at a judicial
tax foreclosure sale for temporary possession by either the
nonprofit organization or a private party. If a private party
wants to acquire the property, that person or entity would be
required to submit a petition and a plan to the court,
demonstrating the intent and ability to rehabilitate the
property. Proceeds from the sale would be allocated as
follows:
● Court costs, fees, and sale costs;
● Property taxes owed; and

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 ● Remaining proceeds would be set aside for the
property owner.
An additional provision of the bill would require any
organization or private party taking temporary possession of a
property to seek quiet title to such property once the
organization has had possession of the property for at least
one year and not less than two years. Quiet title would be
granted upon a finding by the court that the property has
been rehabilitated. Current law, which would be deleted,
allows an organization to seek a quit-claim judicial deed for
the property.
The revisions contained in the bill would sunset on July
1, 2023.

Background
The bill was introduced by the House Committee on
Commerce, Labor and Economic Development (House
Committee) at the request of Representative Frownfelter.
During the House Committee hearing, Representative
Frownfelter and representatives of the League of Kansas
Municipalities (LKM), the City of Topeka, and the Unified
Government of Wyandotte County spoke in favor of the bill,
stating the legislation would improve the health, safety, and
welfare of communities. Representatives of the cities of Belle
Plaine, Chapman, Cheney, Concordia, Dodge City, El
Dorado, Fort Scott, Garnett, Great Bend, Manhattan,
Overland Park, Pittsburg, and Prairie Village, along with the
Community Housing Association of Dodge City, provided
written-only testimony in support of the bill.
A member of the public provided testimony in opposition
to the bill, expressing concern the legislation would result in
local units of government taking real property without
compensation. A realtor provided written-only testimony in
opposition to the bill.
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 Senator Haley and a representative of the Associated
Landlords of Kansas provided neutral testimony, suggesting
ways to balance property rights with the expectations of a
community. A representative of the Kansas Association of
Realtors provided written-only neutral testimony.
On February 24, the House Committee recommended
the bill be passed. On February 27, the bill was rereferred to
the Committee on Appropriations. On March 6, the bill was
rereferred to the House Committee, and on March 14, the
House Committee amended the bill to:
● Require the sale of the abandoned property for
temporary possession and rehabilitation during that
time, specifying the allocation of moneys from the
sale; and
● Allow a private party to possess temporarily and
later acquire the abandoned property, provided
certain procedures and conditions are met.
The House Committee of the Whole amended the bill to
clarify:
● The reference to the petitioning process that would
be used for temporary possession of abandoned
property; and
● The means by which a court may grant quiet title to
an organization or private party.
The fiscal note prepared by the Division of the Budget
on the bill, as introduced, indicates LKM cannot estimate the
fiscal effect to cities. Any fiscal effect associated with
enactment of the bill is not reflected in The FY 2020
Governor’s Budget Report.


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Statutes affected:
As introduced: 12-1750, 12-1756a
As Amended by House Committee: 12-1750, 12-1756a, 79-2801, 12-1756e
{As Amended by House Committee of the Whole}: 12-1750, 12-1756a, 79-2801, 12-1756e