Chapter 77, STATUTES; ADMINISTRATIVE RULES AND REGULATIONS AND PROCEDURE

77-623. Review by higher court. Decisions on petitions for judicial review of agency action are reviewable by the appellate courts as in other civil cases. History: L. 1984, ch. 338, § 23; July 1. Law Review and Bar Journal References: "Appellate Court Jurisdiction: An Update," D…

77-624. Initiation of action; petition; venue; form of action. (a) In addition to other remedies provided by law, an agency may seek enforcement of its rule and regulation or order by filing a petition for civil enforcement in the district court. (b) The petition shall name, as d…

77-625. Defenses; limitations on new issues and new evidence. A defendant may assert, in a proceeding for civil enforcement, any of the following defenses on which the court, to the extent necessary for the determination of the matter, may consider new issues or take new evidence…

77-626. Agency record. Proceedings for civil enforcement shall be governed by the provisions of K.S.A. 77-620 as modified where necessary to adapt them to those proceedings. History: L. 1984, ch. 338, § 26; July 1.

77-627. Review by higher court. Decisions on petitions for civil enforcement are reviewable by the appellate courts as in other civil cases. History: L. 1984, ch. 338, § 27; July 1. CASE ANNOTATIONS 1. Cited; scope of judicial review on appeal from KCC rate-making order in re Wol…

77-631. Failure of agency to act in timely manner, interlocutory review of agency's failure to act. (a) A person aggrieved by the failure of an agency to act in a timely manner as required by K.S.A. 77-526 or 77-549, and amendments thereto, or as otherwise required by law, is ent…

77-701. Short title. On and after January 1, 1996, this act shall be known and may be cited as the private property protection act. History: L. 1995, ch. 170, § 1; July 1.

77-702. Public policy; purpose of act. On and after January 1, 1996, it is the public policy of the state of Kansas that state agencies, in planning and carrying out governmental actions, anticipate, be sensitive to and account for the obligations imposed by the fifth and the 14t…

77-703. Definitions. On and after January 1, 1996, as used in this act, unless the context requires otherwise: (a) "Take" or "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…

77-704. Attorney general to establish guidelines for state agencies to follow. The attorney general for the state of Kansas shall establish on or before January 1, 1996, and update annually guidelines to assist state agencies in evaluating proposed governmental actions and in det…

77-705. Same; promulgation of rules and regulations. On and after January 1, 1996, the guidelines developed by the attorney general shall be adhered to by state agencies in promulgating rules and regulations pursuant to K.S.A. 77-415 et seq., and amendments thereto. History: L. 1…

77-706. Written report prepared by state agency prior to governmental action; guidelines. On and after January 1, 1996: (a) Before any governmental action is initiated, the state agency shall prepare a written report available for public inspection that follows the guidelines est…

77-707. State agencies evaluate and review rules and regulations. On or before January 1, 1997, each state agency shall: (a) Review and evaluate all of the agency's existing rules and regulations in accordance with the guidelines issued by the attorney general pursuant to this ac…

77-708. Court determination of a taking that effects property valuation. On and after January 1, 1996, if a state district or appellate court or state agency pursuant to this act determines that a governmental action has resulted in a taking, the effect on the valuation for prope…

77-709. Attorney fees and expenses. 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. History: L. 1…

77-710. Construction of act. On and after January 1, 1996, nothing in this act shall be construed to limit the scope of judicial review of an agency action, create a new private cause of action or limit any right of action pursuant to other statutes or at common law. History: L. …

77-711. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to t…