68-413.Acquisition of title or easement by secretary of transportation,eminent domain; disposition of property or interest, sale at public auction,when; appraisal; advertisement of sale; reappraisement, when; conveyance,record; disposition of moneys; succession of secretary of transportationto right, title and interest of highway commission; release of easements.(a) Subject to subsection(b), the secretary of transportation, in the name of thestate, may acquire title or easement by purchase, dedication or by theexercise of the right of eminent domain: (1) To or upon any lands orinterests or rights therein; (2) to water, gravel, stone, sand or othermaterial; (3) to spoil banks or to borrow pits necessary for theconstruction, reconstruction, improvement, maintenance or drainage ofthe state highway system; or (4) to access ways to spoil banks or borrowpits or any bed, pit, quarry or other place where gravel, stone, water,or other material required in the construction, reconstruction,improvement, maintenance or drainage of the state highways may belocated. The secretary of transportation, in the name of the state, mayacquire, by purchase, title to an entire lot, block or tract of land forstate highway purposes even though such entire lot, block or tract isnot immediately needed for state highway purposes, if the secretaryfinds that by so doing the interests of the public will be best served,and without limiting the foregoing, the same may be done whereuneconomic remnants of land would be left the original owner or whereseverance or consequential damage to a remainder make the acquisition ofthe entire lot, block or tract more economical to the state.
(b) (1) Exercise of theright of eminent domain by the secretary shall be in accordance with andgoverned by article 5 of chapter 26 of the KansasStatutes Annotated, and amendments thereto.
(2) Every petition filed by the secretary toacquire lands or any interest in or title thereto by the exercise of theright of eminent domain shall set forth the extent, quantity and natureof the interest or title to be acquired.
(3) Except as otherwise provided in paragraph (4) of this subsection(b), the secretary shall not acquire by eminent domainany right, title or interest in or to the oil and gas minerals under orin any lands, and the petition in any condemnation proceedings shallstate that right, title or interest in or to such oil and gas mineralsis not being condemned.
(4) The secretary may acquire by eminent domainthe fee simple title to lands when such lands are acquired for sites forthe construction of buildings or improvements necessarily incident tothe operation, maintenance and supervision of a state system ofhighways.
(c) The secretary may acquire fee simple title orany lesser degree of title or interest or rights in land by purchase ordedication.
(d) (1) Subject to the provisions of paragraph (2) of thissubsection (d) the secretary may dispose of any realestate or any right, title or degree or variety of interest thereinwhich has theretofore been acquired for state highway purposes, in themanner the secretary deems most expedient, when such real estate orinterest therein is no longer needed or used for state highway purposes.The secretary may exchange the right-of-way in which the secretary has aninterest or title greater than an easement for newor other right-of-way.
(2) Whenever the secretary shall determine in themanner provided by paragraph (1) of this subsection (d) that any realestate should be disposed of by sale, such secretary shall sell thesame, in the name of the state of Kansas, to the highest bidder atpublic auction and thereby convey and transfer all of the right, titleand interest of the state of Kansas in such real estate.
As soon as reasonably practical after the secretarydetermines that any such real estate should be sold, the secretaryshall have the real estate appraised by three disinterested personsand advertise the sale in a newspaper of general circulation in thecounty where the real estate is situated once each week for at leastthree consecutive weeks prior to the date set for such sale. In nocase shall such real estate be sold for less than 2/3 ofits appraised value except that if no sale has been effected after aneffort to sell under this section, the secretary mayset aside the appraisement and order a new appraisement and readvertisethe real estate for sale. If the new appraisement does not exceed $1,000,the secretary mayreadvertise and sell the real estate to the highest bidder. If the secretarydetermines that sale by public auction would be inappropriate, the realestate may be sold in the manner deemed most expedient by the secretary.The secretary may charge an amount in connection with the release of anypermanent easement. The amount charged shall not exceed the increase invalue accruing to the underlying fee owner resulting from the terminationof the property interest held by the secretary in the name of the stateof Kansas. Conveyancesof real estate under this section shall be by deed executed by thesecretary of transportation. The secretary shall keepa record of all such conveyances. All moneys derived from such sales or chargesshall be remitted to the state treasurer in accordance with theprovisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entireamount inthe state treasury to the credit of the state highway fund.
(e) On August 15, 1975, the secretary of transportation shallsucceed to whatever right, title or interest the state highwaycommission has acquired in any land in this state, and the secretary oftransportation shall hold the same for and in the name of the state ofKansas. Whenever any land or any right, title or interest in any land isacquired by the secretary of transportation or is acquired for statehighway purposes, such right, title or interest shall be taken and heldby the secretary of transportation in the name of the state of Kansas.
History: L. 1929, ch. 225, § 14; L. 1931, ch. 246, § 1; L.1937, ch. 286, § 1; L. 1951, ch. 381, § 1; L. 1961, ch. 303, § 1; L.1963, ch. 234, § 86; L. 1975, ch. 426, § 54; L. 1981, ch. 264, § 1;L. 2001, ch. 5, § 278; July 1.
68-413.Acquisition of title or easement by secretary of transportation,eminent domain; disposition of property or interest, sale at public auction,when; appraisal; advertisement of sale; reappraisement, when; conveyance,record; disposition of moneys; succession of secretary of transportationto right, title and interest of highway commission; release of easements.(a) Subject to subsection(b), the secretary of transportation, in the name of thestate, may acquire title or easement by purchase, dedication or by theexercise of the right of eminent domain: (1) To or upon any lands orinterests or rights therein; (2) to water, gravel, stone, sand or othermaterial; (3) to spoil banks or to borrow pits necessary for theconstruction, reconstruction, improvement, maintenance or drainage ofthe state highway system; or (4) to access ways to spoil banks or borrowpits or any bed, pit, quarry or other place where gravel, stone, water,or other material required in the construction, reconstruction,improvement, maintenance or drainage of the state highways may belocated. The secretary of transportation, in the name of the state, mayacquire, by purchase, title to an entire lot, block or tract of land forstate highway purposes even though such entire lot, block or tract isnot immediately needed for state highway purposes, if the secretaryfinds that by so doing the interests of the public will be best served,and without limiting the foregoing, the same may be done whereuneconomic remnants of land would be left the original owner or whereseverance or consequential damage to a remainder make the acquisition ofthe entire lot, block or tract more economical to the state.
(b) (1) Exercise of theright of eminent domain by the secretary shall be in accordance with andgoverned by article 5 of chapter 26 of the KansasStatutes Annotated, and amendments thereto.
(2) Every petition filed by the secretary toacquire lands or any interest in or title thereto by the exercise of theright of eminent domain shall set forth the extent, quantity and natureof the interest or title to be acquired.
(3) Except as otherwise provided in paragraph (4) of this subsection(b), the secretary shall not acquire by eminent domainany right, title or interest in or to the oil and gas minerals under orin any lands, and the petition in any condemnation proceedings shallstate that right, title or interest in or to such oil and gas mineralsis not being condemned.
(4) The secretary may acquire by eminent domainthe fee simple title to lands when such lands are acquired for sites forthe construction of buildings or improvements necessarily incident tothe operation, maintenance and supervision of a state system ofhighways.
(c) The secretary may acquire fee simple title orany lesser degree of title or interest or rights in land by purchase ordedication.
(d) (1) Subject to the provisions of paragraph (2) of thissubsection (d) the secretary may dispose of any realestate or any right, title or degree or variety of interest thereinwhich has theretofore been acquired for state highway purposes, in themanner the secretary deems most expedient, when such real estate orinterest therein is no longer needed or used for state highway purposes.The secretary may exchange the right-of-way in which the secretary has aninterest or title greater than an easement for newor other right-of-way.
(2) Whenever the secretary shall determine in themanner provided by paragraph (1) of this subsection (d) that any realestate should be disposed of by sale, such secretary shall sell thesame, in the name of the state of Kansas, to the highest bidder atpublic auction and thereby convey and transfer all of the right, titleand interest of the state of Kansas in such real estate.
As soon as reasonably practical after the secretarydetermines that any such real estate should be sold, the secretaryshall have the real estate appraised by three disinterested personsand advertise the sale in a newspaper of general circulation in thecounty where the real estate is situated once each week for at leastthree consecutive weeks prior to the date set for such sale. In nocase shall such real estate be sold for less than 2/3 ofits appraised value except that if no sale has been effected after aneffort to sell under this section, the secretary mayset aside the appraisement and order a new appraisement and readvertisethe real estate for sale. If the new appraisement does not exceed $1,000,the secretary mayreadvertise and sell the real estate to the highest bidder. If the secretarydetermines that sale by public auction would be inappropriate, the realestate may be sold in the manner deemed most expedient by the secretary.The secretary may charge an amount in connection with the release of anypermanent easement. The amount charged shall not exceed the increase invalue accruing to the underlying fee owner resulting from the terminationof the property interest held by the secretary in the name of the stateof Kansas. Conveyancesof real estate under this section shall be by deed executed by thesecretary of transportation. The secretary shall keepa record of all such conveyances. All moneys derived from such sales or chargesshall be remitted to the state treasurer in accordance with theprovisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entireamount inthe state treasury to the credit of the state highway fund.
(e) On August 15, 1975, the secretary of transportation shallsucceed to whatever right, title or interest the state highwaycommission has acquired in any land in this state, and the secretary oftransportation shall hold the same for and in the name of the state ofKansas. Whenever any land or any right, title or interest in any land isacquired by the secretary of transportation or is acquired for statehighway purposes, such right, title or interest shall be taken and heldby the secretary of transportation in the name of the state of Kansas.
History: L. 1929, ch. 225, § 14; L. 1931, ch. 246, § 1; L.1937, ch. 286, § 1; L. 1951, ch. 381, § 1; L. 1961, ch. 303, § 1; L.1963, ch. 234, § 86; L. 1975, ch. 426, § 54; L. 1981, ch. 264, § 1;L. 2001, ch. 5, § 278; July 1.
68-413.Acquisition of title or easement by secretary of transportation,eminent domain; disposition of property or interest, sale at public auction,when; appraisal; advertisement of sale; reappraisement, when; conveyance,record; disposition of moneys; succession of secretary of transportationto right, title and interest of highway commission; release of easements.(a) Subject to subsection(b), the secretary of transportation, in the name of thestate, may acquire title or easement by purchase, dedication or by theexercise of the right of eminent domain: (1) To or upon any lands orinterests or rights therein; (2) to water, gravel, stone, sand or othermaterial; (3) to spoil banks or to borrow pits necessary for theconstruction, reconstruction, improvement, maintenance or drainage ofthe state highway system; or (4) to access ways to spoil banks or borrowpits or any bed, pit, quarry or other place where gravel, stone, water,or other material required in the construction, reconstruction,improvement, maintenance or drainage of the state highways may belocated. The secretary of transportation, in the name of the state, mayacquire, by purchase, title to an entire lot, block or tract of land forstate highway purposes even though such entire lot, block or tract isnot immediately needed for state highway purposes, if the secretaryfinds that by so doing the interests of the public will be best served,and without limiting the foregoing, the same may be done whereuneconomic remnants of land would be left the original owner or whereseverance or consequential damage to a remainder make the acquisition ofthe entire lot, block or tract more economical to the state.
(b) (1) Exercise of theright of eminent domain by the secretary shall be in accordance with andgoverned by article 5 of chapter 26 of the KansasStatutes Annotated, and amendments thereto.
(2) Every petition filed by the secretary toacquire lands or any interest in or title thereto by the exercise of theright of eminent domain shall set forth the extent, quantity and natureof the interest or title to be acquired.
(3) Except as otherwise provided in paragraph (4) of this subsection(b), the secretary shall not acquire by eminent domainany right, title or interest in or to the oil and gas minerals under orin any lands, and the petition in any condemnation proceedings shallstate that right, title or interest in or to such oil and gas mineralsis not being condemned.
(4) The secretary may acquire by eminent domainthe fee simple title to lands when such lands are acquired for sites forthe construction of buildings or improvements necessarily incident tothe operation, maintenance and supervision of a state system ofhighways.
(c) The secretary may acquire fee simple title orany lesser degree of title or interest or rights in land by purchase ordedication.
(d) (1) Subject to the provisions of paragraph (2) of thissubsection (d) the secretary may dispose of any realestate or any right, title or degree or variety of interest thereinwhich has theretofore been acquired for state highway purposes, in themanner the secretary deems most expedient, when such real estate orinterest therein is no longer needed or used for state highway purposes.The secretary may exchange the right-of-way in which the secretary has aninterest or title greater than an easement for newor other right-of-way.
(2) Whenever the secretary shall determine in themanner provided by paragraph (1) of this subsection (d) that any realestate should be disposed of by sale, such secretary shall sell thesame, in the name of the state of Kansas, to the highest bidder atpublic auction and thereby convey and transfer all of the right, titleand interest of the state of Kansas in such real estate.
As soon as reasonably practical after the secretarydetermines that any such real estate should be sold, the secretaryshall have the real estate appraised by three disinterested personsand advertise the sale in a newspaper of general circulation in thecounty where the real estate is situated once each week for at leastthree consecutive weeks prior to the date set for such sale. In nocase shall such real estate be sold for less than 2/3 ofits appraised value except that if no sale has been effected after aneffort to sell under this section, the secretary mayset aside the appraisement and order a new appraisement and readvertisethe real estate for sale. If the new appraisement does not exceed $1,000,the secretary mayreadvertise and sell the real estate to the highest bidder. If the secretarydetermines that sale by public auction would be inappropriate, the realestate may be sold in the manner deemed most expedient by the secretary.The secretary may charge an amount in connection with the release of anypermanent easement. The amount charged shall not exceed the increase invalue accruing to the underlying fee owner resulting from the terminationof the property interest held by the secretary in the name of the stateof Kansas. Conveyancesof real estate under this section shall be by deed executed by thesecretary of transportation. The secretary shall keepa record of all such conveyances. All moneys derived from such sales or chargesshall be remitted to the state treasurer in accordance with theprovisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entireamount inthe state treasury to the credit of the state highway fund.
(e) On August 15, 1975, the secretary of transportation shallsucceed to whatever right, title or interest the state highwaycommission has acquired in any land in this state, and the secretary oftransportation shall hold the same for and in the name of the state ofKansas. Whenever any land or any right, title or interest in any land isacquired by the secretary of transportation or is acquired for statehighway purposes, such right, title or interest shall be taken and heldby the secretary of transportation in the name of the state of Kansas.
History: L. 1929, ch. 225, § 14; L. 1931, ch. 246, § 1; L.1937, ch. 286, § 1; L. 1951, ch. 381, § 1; L. 1961, ch. 303, § 1; L.1963, ch. 234, § 86; L. 1975, ch. 426, § 54; L. 1981, ch. 264, § 1;L. 2001, ch. 5, § 278; July 1.
