32-840.Eminent domain.(a) The secretary, in the name of the state of Kansas, mayexercise the right of eminent domain in accordance with the eminent domainprocedure act (K.S.A. 26-501 et seq. and amendments thereto) forthe purpose of acquiring lands, water and water rights necessary to:
(1) Carry out the provisions of the wildlife and parks laws of thisstate and the purposes for which the department is created; or
(2) protect, add to and improve state parks, state lakes, recreationalareas, wildlife areas and sanctuaries, natural areas, fish hatcheries andother lands, waters and facilities provided for by K.S.A. 32-807.
(b) The taking, using and appropriatingof property as authorized by subsection (a)(2) for the purposes ofprotecting lands, waters and facilities and their environs and preservingthe view, appearance, light, air, health andusefulness thereof by reselling such property with suchrestrictions in the deeds of resale as will protect the property taken forsuch purposes is hereby declared to be taking, using andappropriating of such property for public use.The proceeds arising from the resale of any property so taken shallbe used by the secretary for the purpose of improving lands, waters andfacilities under the jurisdiction and control of the secretary.
(c) Upon request of the secretary, the attorney general shallproceed by proper action toacquire by condemnation all lands, or rights therein or thereon, and allwater or water rights required by the department pursuant to this section.
History: L. 1927, ch. 221, § 7; L. 1943, ch. 172, § 1;L. 1989, ch. 118, § 19; July 1.
32-840.Eminent domain.(a) The secretary, in the name of the state of Kansas, mayexercise the right of eminent domain in accordance with the eminent domainprocedure act (K.S.A. 26-501 et seq. and amendments thereto) forthe purpose of acquiring lands, water and water rights necessary to:
(1) Carry out the provisions of the wildlife and parks laws of thisstate and the purposes for which the department is created; or
(2) protect, add to and improve state parks, state lakes, recreationalareas, wildlife areas and sanctuaries, natural areas, fish hatcheries andother lands, waters and facilities provided for by K.S.A. 32-807.
(b) The taking, using and appropriatingof property as authorized by subsection (a)(2) for the purposes ofprotecting lands, waters and facilities and their environs and preservingthe view, appearance, light, air, health andusefulness thereof by reselling such property with suchrestrictions in the deeds of resale as will protect the property taken forsuch purposes is hereby declared to be taking, using andappropriating of such property for public use.The proceeds arising from the resale of any property so taken shallbe used by the secretary for the purpose of improving lands, waters andfacilities under the jurisdiction and control of the secretary.
(c) Upon request of the secretary, the attorney general shallproceed by proper action toacquire by condemnation all lands, or rights therein or thereon, and allwater or water rights required by the department pursuant to this section.
History: L. 1927, ch. 221, § 7; L. 1943, ch. 172, § 1;L. 1989, ch. 118, § 19; July 1.
32-840.Eminent domain.(a) The secretary, in the name of the state of Kansas, mayexercise the right of eminent domain in accordance with the eminent domainprocedure act (K.S.A. 26-501 et seq. and amendments thereto) forthe purpose of acquiring lands, water and water rights necessary to:
(1) Carry out the provisions of the wildlife and parks laws of thisstate and the purposes for which the department is created; or
(2) protect, add to and improve state parks, state lakes, recreationalareas, wildlife areas and sanctuaries, natural areas, fish hatcheries andother lands, waters and facilities provided for by K.S.A. 32-807.
(b) The taking, using and appropriatingof property as authorized by subsection (a)(2) for the purposes ofprotecting lands, waters and facilities and their environs and preservingthe view, appearance, light, air, health andusefulness thereof by reselling such property with suchrestrictions in the deeds of resale as will protect the property taken forsuch purposes is hereby declared to be taking, using andappropriating of such property for public use.The proceeds arising from the resale of any property so taken shallbe used by the secretary for the purpose of improving lands, waters andfacilities under the jurisdiction and control of the secretary.
(c) Upon request of the secretary, the attorney general shallproceed by proper action toacquire by condemnation all lands, or rights therein or thereon, and allwater or water rights required by the department pursuant to this section.
History: L. 1927, ch. 221, § 7; L. 1943, ch. 172, § 1;L. 1989, ch. 118, § 19; July 1.
