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Kansas Eminent Domain Summary

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Kansas Eminent Domain Summary i.---·-----·stateolKansas-·------1 I ---------------~================================l1------------------ iWHO IS ELIGIBLE TO CONDEMN? CHAPTER 2. AGRICULTlJRE I KS.A. § 2-135: State Fair Board, Community Fair Associations and County Fai:tl Associations !I KS.A. § 2-2701: State Highway Commission CHAPTER 3. AIRCRAFT AND AIRFIELDS KS.A.§ 3-113: municipal airfields and airports; safety zones KS.A.§ 3-115: municipal airfields and airports I KS.A. § 3-123: municipalities operating airports jointly I KS.A. § 3-162: airport authority in certain cities I KS.A. § 3-305, 3-402: Board of County Commissioners; aircraft supply depots in coun"I ties over 125,000 - I KS.A. § 3-405: National Defense Operation depots ! KS.A. § 3-803: cooperation with adjoining state I CHAPTER 12. CITIES AND MUNICIPALITIES I KS.A. § 12-622: sewers and drai:t1s outside city 1· KS.A. § 12-631q: counties and cities may unite in construction of ontlets for drainag of storm water . KS.A. § 12-635: authorization of improvements within or without city limits; protecl tion from flood waters I KS.A. § 12-672: docks, wharves, and river terminals 1 KS:A. § 12-686: designating traffic way connections with main traffic ways ! KS.A. § 12-694: water course improvements ~ KS.A. § 12-808a: electric or gas utility ontside city limits KS.A. § 12-809: damming of river or condemnation of land and water for waterwork KS.A. § 12-845: cities-second and third .class KS.A. § 12-867: city combined waterworks and sewage disposal system I KS.A. § 12-895: municipal energy agencies KS.A.§ 12-1401: establislunent or acquisition in cities or townships; cemeteries I KS.A.§ 12-1616a: construction and operation of dams across streams or rivers by citie4 KS.A.§ 12-1764: public bnilding commission J KS.A. § 12-1770; 12-1773: development and redevelopment of areas in and aronnclj cities K:S:--A-:-§-12:17,104:se1f;;-suppotteci-m.miicipa:l-iln:p-rovernent-districts KS.A. § 12-17,154: neighborhood revitalization 1 KS.A. § 12-2514: Mo-Kan metropolitan development district and agency compact ! KS.A. § 12-2524: Kansas City area transportation district and anthority compact j KS.A. § 12-3104: right of eminent domain outside of the limits of the municipality ir~ L________.oi;derJ;Q.acq_:u.i.xe.righko.f.way •. fo.r..a.se:we.r~ystems-________I --iz:srsT2=34'06:fortallthorifleS---------·-------------, KS.A. § 12-4908: for homes for aged I KS.A. § 12-5247: Kansas Rural Housing Incentive District I ________________!<.S:~·-§_12-280~~-1-~_~_9_§~ Metr~Eolitan Transit Authority______ ·---------1---------------- CHAPTER 13. CITIES OF THE FIRST CLASS KS.A. § 13-1209: purchase, construction or extension of waterworks KS.A. § 13-1014: right-of-way for sewerage KS.A. § 13-1029: sewer districts for pumping stations and sewers KS.A. § 13-1030: bonds and assessments for sewer right of way KS.A. § 13-1326: change of grade board of park commissioners KS.A.§ 13-1388: off-street parking facilities KS.A. § 13-2418: Water Works Department i KS.A. § 13-3107: for public transportation KS.A. § 13-1114b: development of master plan outside city limits, when; acquisition 01 rights-of-way and lands I KS.A.§ 13-1223: public utilities KS.A.§ 13-1353: Board of Park Commissioners may acquire lands outside of cities I CHAPTER 14. CITIES OF THE SECOND CLASS KS.A. § 14-423: improving and vacating streets and alleys KS.A. § 14-714: extension of sewer or water mains outside cities I KS.A. § 14-1007a: acquisition of cemetery and additions or lands therefore I CHAPTER 15. CITIES OF THE THIRD CLASS KS.A. § 15-427: street and alley improvements CHAPTER 17. CORPORATIONS KAN. CONST. ART. 12, § 4 Corporations I KS.A. § 17-618: emil1ent domain, exercise by sund1y corporations I KS.A.§ 17-1315: cemetery corporations I KS.A. § 17-2345: development credit corporations KS.A. § 17-2361: acquisition of property housil1g law cities I KS.A. § 17-4747: Urban Renewal Law i CHAPTER 19. COUNTIES AND COUNTY OFFICERS I KS.A. § 19-1932: jails I KS.A. § 19-2109: home for the aged KS.A. § 19-27,136: public parking facilities in counties between 175,000 and 210,000j acquisition I KS.A. § 19-2801: parks, museums, and recreation grounds I KS.A. § 19-2803c: establishment and maintenance of county lake and recreationa~ grounds ! KS.A. § 19-2816: eminent domain; counties between 80,000 and 175,000 KS.A. § 19-2821: eminent domain; counties over 135,000 K-.ScA--c-§-19-2843:-certain-adjoining-counties!..necessary-lands1 water1 and-water-rights •-------• KS.A. § 19-2889: park district in urban area counties KS.A. § 19-2899: counties between 175,000 and 250,000 acquisition of additional par1 land KS.A. § 19-3104: cemeteries KS.A. § 19-3302: counties and county officers, flood control KS.A. § 19-3542: water supply and distribution districts il1 certain counties unde1 100,000 ...._.----------~------------! --·--·-----·-------·---.Stat.e.J1f.l<cm.sa.s_.________________ 17_s r--·--K.S:A.S1V-~1ic"W'Ii.illesalewa1er suppiy-a:lstrlct:S-·-·----------------, I KS.A. § 19-3801, 19-3808: counties and county officers, industrial districts I KS.A. § 19-4613: hospital and related facilities --------1----CH:APTER 24. ORAil"lr.AGEANffLEVEES___________________ L_ ________ _ KS.A.§ 24-125: drainage and levees j KS.A. § 24-132: certain drah1age districts traversed or touched by Kansas river autho rized to provide for flood control works and improvements KS.A. § 24-407: powers of drainage districts I KS.A. § 24-512: drainage district ! KS.A. § 24-639: district to be body politic and corporate I KS.A.§ 24-1209: watershed districts, general powers, and duties of district; corporat11 powers and duties CHAPTER 26. EMINENT DOMAIN I KS.A.§ 26-101: condemnation by corporations and partnerships KS.A. § 26-201: cities; authority to condemn KS.A. § 26-210: condemnation by board or commission KS.A. § 26-206a: application to urban renewal law I CHAPTER 27. FEDERAL JURISDICTION KS.A.§ 27-101: consent given to United States to acquire land KS.A. § 27-331: airport authority in certain counties CHAPTER 32. WILDLIFE, PARKS, AND RECREATION KS.A. § 32-840: Department of Wildlife and Parks, land CHAPTER 42. IRRIGATION KS.A.§ 42-120: powers of canal corporations KS.A. § 42-317: condemnation of lands for site or way KS.A. § 42-705: irrigation, districts KS.A. § 42-711: powers of directors CHAPTER 49. MINES AND MINING KS.A. § 49-433: acquisition of abandoned mined-land CHAPTER 55. OIL AND GAS KS.A. § 55-1003: disposal of oil-field or gas-field brines and mineralized waters KS.A.§ 55-1204: natural gas public utility CHAPTER 66. PUBLIC UTILITIES KS.A. § 66-501: powers of railway corporation KS.A. § 66-908: state lands public utilities KS.A. § 66-911: condemnation by electric railways •-~-GHAP'FER-68.--RGADS-AND-BRIDGES KS.A. § 68-114: Board of County Commissioners; proceedh1gs for change in roads KS.A.§ 68-117: Board of County Commissioners; access to public highway from land locked property j K.S.A. § 68-412a: Secretary of Transportation Acquisition of right-of-way for streets a, co1mecting links in cities KS.A. § 68-413: acquisition of title or easement by secretary of transportation I KS.A. § 68-423e: acquisitions of rights-of-way 17.Q. __·--·------·-------.E~.ID.QMAfil_ ___, ________ . __ , __ , ____ _ X:S:-~'703';-6lf-73'CJ:COunt:"f"C'OmiiiisSioiiers, ·iiilprovemeritof!OaCISfu-T>ene'flil districts KS.A.§ 68-1903: highway authorities ··----·-______K.S_ . .!:\,_§§_6_8_:2QQ_C),_@_:2Q~,_6_8.:2P.71l, 68.:2097: 1'.t1mf2..ike Auth.~J!Y----·-------- ____________ CHAPTER 71. SCHOOLS COMMUNITY COLLEGES KS.A. § 71-201: Boards of Trustees J KS.A. § 72-8212: Board of Education KS.A. § 72-8212a: Unified School Districts KS.A § 73-409: Board of County Commissioners, memorials, monuments, and grav markers 1- CHAPTER 74. STATE BOARDS, COMMISSIONS, AND AUTHORITIES I KS.A. § 74-99d08: Kansas Electric Transmission Authority, state departments; publij officers and employees CHAPTER 75. STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES! KS.A. § 75-2714: State Historical Society. CHAPTER 76. HISTORIC PROPERTY I KS.A. § 76-344: University of Kansas ! i CHAPTER 80. TOWNSHIPS AND TOWNSHIP OFFICERS J KS.A § 80-2009: construction and maintenance of certain sewers along streets o · highways ! CHAPTER 82A. WATERS AND WATERCOURSES I KS.A § 82a-101: erection and maintenance of dams, ditches, or races over land o~ anotl1er ! KS.A. § 82a-102: Management Districts Power Plant dams j KS.A. § 82a-201: Acquisition by state of new cha1mel where stream altered I KS.A § 82a-619, 82a-622, Powers of rural water districts I KS.A. § 82a-1028: Groundwater Management District. I i HAT CAN BE CONDEMNED? I In almost every grant listed above, the power of eminent domain is granted to the acquir1 ing agency the right to acquire fee title, rights-of-way, franchises, easements, and othe, property rights. Additional rights t11at may be condemned are listed below. KS.A § 3-711: acquisition of air rights; eminent domain KS.A § 42-309: appropriation of water for industrial uses KS.A. § 42-315: right of use of water irrigation and irrigation districts KS.A. § 42-316: right of way and site for works for diverting, storing, or conveyin water ---------·---------- Response to Kelo During the 2006 legislative session, the Kansas Legislature passed Senate Bill 323, effec tive July 1, 2007. The one-year delay in the effective date was designed to allow existin0 tax increment projects then in progress to be completed under provisions of the prior law.I After July 1, 2007, the taking of private property by eminent domain for the purpos~ of selling, leasing, or transferring it to another private entity, including takings under thei --·---·--·----·--------..S.tat..e.oj..KaJ:I.S.a.s______________________ .lZZ r--raxil1crement1mancmglaw, would.-notbepeiiii.TtteC:IttiUesstfietalGil'gmet any Oftli, I following: ________, _____! __ 'fbg_p_rgf!_~)I: is g~med_ excess real rrorert)I: that was taken lawfaj]y ~ inciden~----· tal to the acquisition of right of way for a public road, bridge, or public improvl ment project of the Kansas Department of Transportation or a municipality.
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