Vetoed by Governor Sam Brownback

Vote Smart's Synopsis:

Vote to pass a bill that authorizes district courts to possess an abandoned property and transfer temporary possession to an organization for rehabilitation, expiring July 1, 2020.

Highlights:

• Defines “abandoned property” as any real estate that meets at least one of the following criteria (Sec. 1):

• Residential real estate for which taxes have been unpaid for 2 years and has been unoccupied continuously by its legal owners for 90 days;

• Residential real estate that has been unoccupied continuously by its legal owners for 365 days and has had a blighting influence on surrounding properties; or

• Commercial real estate for which taxes have been unpaid for 2 years and has had a blighting influence on surrounding properties.  

• Exempts residential property that is subject to a mortgage or ownership dispute (Sec. 1).

• Defines “blighting influence” as conditions that are dangerous or injurious to the health, safety, and welfare of its occupants or neighboring residents including the following (Sec. 1):  

• Defects increasing fire and accident hazards;

• Air pollution;

• Lack of sanitary facilities;

• Unsightly stored or parked material;

• Structural defects and disrepair;

• Vermin infestation; or

• Violation of maintenance codes constituting a health or safety threat.

• Authorizes a non-profit organization that has existed for at least 3 years  to file a petition with district courts to temporarily possess an abandoned property under the following conditions (Secs. 1 & 2):

• The organization intends to rehabilitate and use the property as a housing-related facility;

• The organization has notified parties interested in the property and the enforcing officer between 20 and 60 days before the petition is filed.

• Authorizes the courts to grant legal owners 90 days to ensure that their property is in compliance with fire, housing and building codes in order to dismiss a petition to possess their property (Sec. 2).

• Prohibits the court from sustaining petitions solely due to the legal owner’s delinquent property taxes (Sec. 2).

• Authorizes organizations to seek quiet title to an abandoned property at least 1 year after its temporary possession (Sec. 2).

Full Bill Text