Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Kansas Statutes 77-709

  • Governmental action: means any of the following actions by a state agency which may constitute a taking:

    (A) Proposed legislation;

    (B) proposed rules and regulations or directives; or

    (C) proposed agency guidelines and procedures concerning the process of issuing licenses or permits;

    (2) "Governmental action" does not include:

    (A) Activity in which the power of eminent domain is formally exercised;

    (B) the repeal of rules and regulations, elimination of governmental programs, or amendment of rules and regulations such that limitations on the use of private property are reduced or removed;

    (C) law enforcement activities involving seizure or forfeiture of private property for violations of law or as evidence in criminal proceedings; and

    (D) state agency action, authorized by statute or by valid court order, in response to a violation of state law. See Kansas Statutes 77-703

  • Private property: means any real property or interest arising from or relating to any real property in this state that is protected by the fifth or 14th amendment of the constitution of the United States or section 18 of the bill of rights of the constitution of the state of Kansas. See Kansas Statutes 77-703
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • taking: means , due to a governmental action, private property is taken or its use is restricted or limited by a governmental action such that compensation to the owner of the property is required by the fifth or 14th amendment of the constitution of the United States or section 18 of the bill of rights of the constitution of the state of Kansas. See Kansas Statutes 77-703

On and after January 1, 1996, the court may award reasonable attorney fees and expenses to an owner of private property who successfully establishes that a governmental action constitutes a taking of such owner’s private property.