58-2601: Entry and disposal of townsites.
G.S. 1868, chapter 109, sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and Laws
1870, chapter 123, sections 1 and 2, included by reference. [Section 1 of
the act is as follows: "In all cases in which any of the public land of the
United States in the state of Kansas has been, or shall hereafter be,
selected and occupied as a townsite, if the inhabitants of such town shall
be at the time incorporated, it shall be the duty of the corporate
authorities of such town, or, if not incorporated, then of the probate
judge of the county in which such townsite is situated, whenever called on
by any of the occupants of such town, and the money, for the entrance of
such townsite, furnished, to enter such townsite under the act of congress
in such case made and provided." The act of 1870 amended and repealed
sections 2 and 12 of the act of 1868. The remainder of the act, not quoted
herein, related to the details of entry and disposal of subdivisions of
townsites.]
History: R.S. 1923, 67-601.
58-2602: Owners of estate or interest in land deemed copartnership,
when.
Any person, company or association of persons, heretofore formed or
hereafter to be formed, not incorporated, who do or shall hold any right,
title or interest in or to any lands in this state devoted, by the mutual
or other agreement of the persons forming such company or association, they
holding a majority of the interests or estate in such land, to laying out
and sale, as town or city lots, blocks or shares, for the profit of such
company, or the several members thereof, and the other owners of said land,
shall be deemed, as to such property, a copartnership.
History: G.S. 1868, ch. 109, § 13; Oct. 31; R.S. 1923, 67-602.
58-2603: Death of partner, effect; rights of survivors.
In case of the death of any one or more of the members of such
copartnership, whether such death shall have heretofore taken place or
shall hereafter take place, such lands, whether the legal title thereof be
in such company or association or any of them, or held in trust for them,
or in whatsoever manner or in whose name soever the legal title is or shall
be held, shall be deemed assets of such copartnership, and the survivor or
survivors shall have the right to sell and dispose of the same pursuant to
such agreement, and to collect the debts and close up all the business of
the copartnership in like manner and with like effect as if the property of
said copartnership were personal property only, and shall account to and
with the representative of the deceased partner annually, and pay to him or her
all money in his, her or their hands belonging to said decedent's estate; and
on a final settlement shall pay as aforesaid all the money arising from said
assets and belonging to said deceased partner; and such final accounting
shall be made at or before the final settlement of said estate.
History: G.S. 1868, ch. 109, § 14; Oct. 31; R.S. 1923, 67-603.
58-2604: Heirs of deceased partner to join with surviving partners in
conveyances.
The heirs at law of every deceased partner shall fulfill the agreement
of their ancestor so devoting land to division and sale, by joining with
the surviving partner or partners, or with the trustee or trustees, if any,
holding the title, or with both the survivors and trustees, as may be
necessary, in executing, acknowledging and delivering all deeds of
conveyance necessary to convey to the purchasers of such lots, blocks or
shares the parcels so purchased by them respectively, whether the agreement
with such purchasers to sell the same were made by the copartnership during
the lifetime of the said ancestor, or by the surviving partner or partners
after his or her death, and whether the same were made before or since the
taking effect of this act.
History: G.S. 1868, ch. 109, § 15; Oct. 31; R.S. 1923, 67-604.
58-2605: Heirs of deceased partner to join with surviving partners in
filing plat; action to compel heirs to execute deeds or plats.
If no map or plat of such land has been made and acknowledged by the
deceased partner agreeably to law, his or her heirs shall join with the
surviving partner or partners in acknowledging and filing such plat; and such
acknowledgment shall have the same force and effect as if done by such
deceased partner in his or her lifetime: Provided, That such heirs shall
not be required to pay any part of the expense of preparing such deeds or
plats, or of the officer's fees for taking the acknowledgments thereof. If
the heirs shall refuse or neglect so to execute, acknowledge and deliver
such deeds or plat, the district court, in an action duly prosecuted in the
proper county by the surviving partner or partners against such heirs,
shall compel the execution, acknowledgment and delivery thereof.
History: G.S. 1868, ch. 109, § 16; Oct. 31; R.S. 1923, 67-605.
58-2606: Action by resident surviving partner; proceedings; judgment.
In case of the death of a partner, heretofore or hereafter, leaving
minor heirs, or in case of the adult heirs residing in the county where the
lands are, refusing to acknowledge and file a plat of such townsite, or in
case of the nonresidence of any surviving partner or of any joint owner not
a partner in such townsite, the resident surviving partner may commence an
action in the district court where the land or the greater part thereof is
situated, against such heirs or nonresident partners or joint owners, and
may join them all in one action; and if it should be made to appear to the
court that the plaintiff and said decedent in his or her lifetime by their
mutual agreement devoted such land or any part thereof to division or sale as town
or city lots, blocks or shares, for the profit of said plaintiff and said
decedent, that said decedent died without having executed the conveyance
necessary to convey his or her interest therein to the several purchasers
of lots, blocks or shares, and that a part of the defendants are heirs of such
decedents, and it not appearing that such mutual agreement was abrogated or
annulled during the lifetime of the decedent, the court shall render a
judgment stating who of said defendants are heirs of said decedent, and the
time of the death of the decedent, and adjudging that the plaintiff is
surviving partner of such decedent, and held said land as such, and as such
entitled to sell and convey all the right, title and interest of the
defendants therein.
The same proceedings shall be had in the case of nonresident joint
owners, they holding a minority of interest in said land, whether they have
agreed to the laying out and sale of said land as town lots, or not,
provided those holding a one-half or greater interest in said lands have so
agreed; and if such is made to appear to the court, the same judgment shall
be rendered as in the case of the heirs of a deceased partner or joint
owner, and the parties defendant to such proceedings may be served with
process, actually or constructively, as is prescribed in the code of civil
procedure in cases where defendants are unknown or are nonresidents.
Such judgment shall describe the lands adjudged to be conveyed; and
thereafter the deed of such plaintiff holding the title purporting to
convey all the interest of said heirs or of said deceased partner, at the
time of his or her death, or of said adult joint owner, shall be sufficient to
convey to the purchaser all the interest and title of said heirs and joint
owners; and such judgments may be recorded by the register of deeds of the
county where the lands lie, and when so recorded shall have the same force
and effect as a deed.
History: G.S. 1868, ch. 109, § 17; Oct. 31; R.S. 1923, 67-606.
58-2607: Deeds made prior to judgment.
In case a surviving partner or partners, after the death of a deceased
partner and before the rendition of such judgment, shall have conveyed as
such surviving partner or partners, together with such trustee or trustees,
if any, any such lots, blocks or shares to purchasers, by deeds purporting
on their face to convey the right, title and interest of the surviving
partner or partners, and that of the deceased partner at the time of his or her
death, or of his or her minor heirs, from and after the rendition of such
judgment such deeds shall be effectual to convey all the right, title and interest
of such minor heirs, or parties to said action, as if the same had been
made, executed and delivered after the rendition of the judgment; and all
right, title and interest passed by such deeds shall relate to and be
deemed to have passed at the times the deeds were so executed and
delivered.
History: G.S. 1868, ch. 109, § 18; Oct. 31; R.S. 1923, 67-607.
58-2608: Map or plat by surviving partner and heirs.
If a deceased partner, leaving minor heirs, shall not have acknowledged
a map or plat of such lands as aforesaid, the surviving partner or partners
may at any time hereafter acknowledge a map or plat as surviving partner or
partners, and cause the same to be filed and recorded according to law; and
such acknowledgment, filing and recording, with the acknowledgment of the
heirs of full age, if any, shall have the same force and effect as if the
same had been done by all the partners in the lifetime of said deceased
partner, and before any such land had been sold by such partners.
History: G.S. 1868, ch. 109, § 19; Oct. 31; R.S. 1923, 67-608.
58-2609: Bond of surviving partner.
Before any surviving partner or partners shall be entitled to demand of
the heirs at law of a deceased partner conveyances pursuant to K.S.A.
58-2604 or to commence an action against minor heirs
pursuant to K.S.A. 58-2606, he or she shall give to the executor or
administrator (if any) of such deceased partner a bond, in such sum and
with such surety as the judge of the district court of the county where
the lands or the greater part thereof are situate shall in writing thereon approve as
sufficient, conditioned that after settlement of the partnership business
and payment of the partnership debts, and final accounting with all
surviving partners and all executors and administrators of deceased
partners, he or she will pay to such executor or administrator such sums
as may be found due from him or her; and if there be several surviving partners,
each of them severally shall give a like bond, to be approved as aforesaid, or in
default thereof such as do give bond shall have the sole control of the
assets of the copartnership, and until a final accounting be alone
entitled to receive any portion of the avails of the sale of said lands.
History: G.S. 1868, ch. 109, § 20; R.S. 1923, 67-609; L. 1976,
ch. 145, § 207; Jan. 10, 1977.
58-2610: Power of district court.
The district court shall have the same power to compel the settlement of
the affairs of such copartnership, and to protect and enforce the rights of
all persons interested therein, as if the assets of such copartnership were
personal property only.
History: G.S. 1868, ch. 109, § 21; Oct. 31; R.S. 1923, 67-610.
58-2611: Enforcement of agreements to lay off and distribute town
lots.
When two or more persons shall have mutually agreed to lay off certain
lands in city or town lots or blocks, and to distribute such lots or blocks
among themselves, and have caused such lands to be surveyed into lots or
blocks, and a map or plat thereof to be made pursuant to such agreement,
and have agreed to determine the several lots or blocks to belong to each
by lot or chance, or in any other specified manner, and have proceeded
accordingly and so determined the several lots or blocks to belong to each
in severalty, and one or more such persons pursuant to such agreement and
determination shall have received a conveyance of their lots or blocks so
determined to belong to him or her or them, or any part thereof, and all
others of said persons not having received such conveyances shall be able and willing
to fulfill such agreement by making the necessary conveyances, although
none of such agreements shall have been made in writing, and whether the
same were made before or after the passage of this act, they shall be, as
against such as have received such conveyance, valid; and upon action duly
brought the specific performance thereof, by making all conveyances
necessary to fulfill and carry into effect such agreements and
determination, shall be adjudged and enforced.
History: G.S. 1868, ch. 109, § 22; Oct. 31; R.S. 1923, 67-611.
58-2612:
History: L. 1945, ch. 264, § 1; Repealed, L. 1951, ch. 371, § 1; June 30.
58-2612a: Plat of original town or addition thereto of record prior to
June 30, 1934; presumptions, application.
In all cases where a plat of any original town or addition thereto has
been of record more than twenty-five (25) years and deeds executed by the
person or corporation platting the same and conveying lots or blocks in
said original town or addition have been of record more than twenty-five
(25) years prior to the taking effect of this act, such deeds shall be
conclusively presumed to have conveyed perfect title notwithstanding any
defect in the title of the grantor therein or the failure of the grantor's
spouse to join therein: Provided, That such presumption shall not be
applied in any action brought within one (1) year from the date this act
takes effect: Provided further, That such presumption shall not be
applied to divest any person of possession who is in actual or constructive
possession of such property: Provided further, That such presumption
shall not be applied to any instrument filed of record prior to the
recording of such plat, which conveys or reserves a mineral interest or a
royalty interest.
In all cases where more than one (1) such plat has been filed on the
same lands and conveyances covering lots or blocks therein and executed by
the maker of one (1) of said plats have been of record more than
twenty-five (25) years and no conveyance executed by the maker of the other
plat is of record at the time of the taking effect of this act, the said
conveyance of record shall be conclusively presumed to have conveyed a
perfect title: Provided, That such presumption shall not be applied in
any action brought within one (1) year from the date this act takes effect:
Provided further, That such presumption shall not be applied to divest
any person of possession who is in actual or constructive possession of
such property: Provided further, That such presumption shall not be
applied to any instrument filed of record prior to the recording of such
plat which conveys or reserves a mineral interest or royalty interest.
History: L. 1959, ch. 262, § 1; June 30.
58-2613: Vacation of certain plats, streets, easements or reservations;
petition; hearing.
Whenever the owners of any tract or part of a tract of land which has been
platted as an addition or subdivision or adjoins on both sides of any street,
alley, public easement, or
public reservation, or part thereof, and which
lies wholly outside the limits of any incorporated city or within the
limits of an incorporated city which has had no governing body for 10
years or more desire to have the same vacated, shall file a
petition with the board of county commissioners of the county in which the
land is located or with the planning commission of such county, describing
the plat, street, alley, public easement or reservation, including
dedicated building setback lines or access control
proposed to be vacated and praying for the vacation described. Upon the filing
of the petition, the board of county
commissioners or the planning commission shall fix a time for the hearing
of the petition and
shall give notice of the hearing by publication in the official county paper. Such notice shall be
published at least one time at least 20 days prior to the date of the
hearing. If the land is located
within an area which is subject to the subdivision regulations of any
city, notice of the hearing shall also be given to the governing body
and planning commission of such city.
History: L. 1949, ch. 223, § 1; L. 1967, ch. 306, § 1; L. 1981,
ch. 173, § 66;
L. 1997, ch. 147, § 6; May 1.
58-2614: Same; order; protest by city; recordation of order; costs.
Upon the hearing, if the board of county commissioners determines that notice
has been given as required by this act, that the public will suffer no loss or
inconvenience by such vacation
and that no private rights will be injured or endangered thereby,
the board shall
order that such vacation be made and if the vacation is of a plat that such
land shall be listed for taxation and for other purposes as
though it had never been platted. If the
planning
commission holds the hearing, the commission shall make a recommendation
regarding the vacation and submit such recommendation to the board in the same
manner provided by K.S.A. 12-752, and amendments thereto, for submission and
approval of recommendations regarding plats. No
such vacation
shall be granted if the governing body of any city having subdivision
regulations applicable to the area in which the property is
located, shall
protest against such vacation. When only a portion of a street, alley or
public reservation is proposed to be vacated, the petition shall not be
granted if a written objection is filed with the county clerk by any owner of
land which adjoins the portion to be vacated. The order of the board shall
be entered on
the records of proceedings of the board, and a certified copy thereof
recorded in the office of the register of deeds of the county. Such order,
if approving a vacation of a plat, street, alley, public easement or
reservation shall protect and provide for the property rights of public
utilities, rights-of-way, and easements for public service facilities then
in existence and use. The costs of the proceedings, including publication
and recording costs, shall be paid by the party or parties presenting the
petition.
History: L. 1949, ch. 223, § 2; L. 1967, ch. 306, §
2;
L. 1997, ch. 147, § 7; May 1.
58-2615: Same; act supplemental.
The provisions hereof shall be in addition to and supplemental to any
and all other statutes providing for vacation of plats.
History: L. 1949, ch. 223, § 3; June 30.
58-2616: Vacation of Orsemus townsite in Kingman county.
The original townsite of Orsemus, being all that part of the NW1/4 of
section 25, township 29, range 6 west, lying south of the Missouri Pacific
railway company right of way in Kingman county, Kansas, and the streets and
alleys thereof, be, and the same are hereby vacated; and the land upon
which said townsite and streets and alleys thereof were located, is hereby
restored to its original description of the survey of the United States
government for all purposes the same as if it had never been platted for a
townsite.
History: L. 1953, ch. 166, § 1; June 30.