SB 742
Allows certain people to enter abandoned property to secure it, remove trash and graffiti, and maintain the grounds, and provides immunity from civil and criminal liability
Sponsor:
LR Number:
4421S.01I
Last Action:
2/10/2016 - Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2016

Current Bill Summary

SB 742 - This act allows a person who is not the owner of real property in Kansas City or who is a creditor holding a lien interest on the property, and who suspects that the real property may be abandoned, to enter the premises to visually inspect the property to determine whether it is abandoned.

If the person makes a good faith determination based on the inspection that the property is abandoned, the person may secure the property, remove trash or debris from the grounds, landscape, maintain, or mow the grounds, and remove or paint over graffiti. This act defines what it means for a property to be "abandoned".

This act provides that the person is immune from claims of civil and criminal trespass and all other civil liability, unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct.

This act specifies that, in the case of real property that is subject to a mortgage or deed of trust, the creditor holding the debt secured by the mortgage or deed of trust may not enter the premises of the real property if entry is barred by an automatic stay issued by a bankruptcy court.

This act is nearly identical to SB 228 (2015).

MEGHAN LUECKE

Amendments