Volume 41 - Issue 52 - December 29, 2022
State of Kansas
Attorney General
Notice of 2022 Update to Guidelines for Evaluating Proposed Governmental Actions to Identify Potential Takings of Private Property
The Private Property Protection Act, K.S.A. 77-701 et seq., requires the Attorney General to compile and annually update guidelines1 to be used by state agencies in determining whether proposed government actions may constitute a taking of private property. These guidelines are to be based on cases decided by the United States Supreme Court and the Kansas Supreme Court.2 Government action is defined as legislation, regulations or directives, or agency guidelines and procedures for the issuing of licenses or permits.3 The Act expressly excludes other types of activity, such as the formal exercise of eminent domain.4
Under the criteria of the Act, there are no cases to include in the 2022 update to the Attorney General’s Guidelines.5
1 The original guidelines are published at 14 Kan. Reg. 1690-92 (Dec. 21, 1995).
2 K.S.A. 77-704.
3 K.S.A. 77-703(b)(1).
4 K.S.A. 77-703(b)(2).
5 The original guidelines are published at 14 Kan. Reg. 1690-92 (Dec. 21, 1995).
Derek Schmidt
Attorney General
Doc. No. 050771
