Kansas Statutes

Chapter 58: Personal And Real Property

Part 6.--MISCELLANEOUS PROVISIONS

Article 35: Relocation Assistance For Persons Displaced By Acquisition Of Real Property

Statutes:

• 58-3501: Purpose of act.
• 58-3502: Displacement of persons pursuant to programs involving federal government; powers of state and local governments; relocation payments.
• 58-3503: Same; appeal by aggrieved persons.
• 58-3504: Application of act to condemnation proceedings.
• 58-3505:
• 58-3506: Rules and regulations.
• 58-3507: Relocation assistance payments exempt from state setoff procedures.
• 58-3508: Displacement of persons by action of condemning authority; relocation payments and assistance.
• 58-3509: Appeals of a determination of relocation payments; requirements and procedures.

• 58-3501: Purpose of act. The purpose of this act is to authorize compliance with the provisions of the federal uniform relocation assistance and real property acquisition policies act of 1970 (P.L. 91-646, 42 U.S.C.A. 4601 et seq.), and amendments thereto, and as used in this act, the term "federal act" means such act and amendments thereto.

        History:   L. 1973, ch. 228, § 1; L. 1989, ch. 168, § 1; April 13.

• 58-3502: Displacement of persons pursuant to programs involving federal government; powers of state and local governments; relocation payments. Whenever any program or project is undertaken by the state of Kansas, any agency or political subdivision thereof, under which federal financial assistance will be available to pay all or part of the cost of such program by reason of a grant from or contract or agreement with the federal government, and which program or project will result in the displacement of any person by acquisition of real property, or by the direct result of building code enforcement activities, rehabilitation or demolition programs, the state, agency, or political subdivision shall:

        (1)   Provide fair and reasonable relocation payments and assistance to or for displaced persons as are required under sections 202, 203 and 204 of the federal act;

        (2)   provide relocation assistance programs offering to displaced persons and others occupying property immediately adjacent to the real property acquired, the services described in section 205 of the federal act on the conditions prescribed therein. Relocation payments shall not be required until title to the real property vests in the condemning authority;

        (3)   in acquiring the real property be guided to the greatest extent practicable under state law by the land acquisition policies in section 301 and the provisions of section 302 of the federal act;

        (4)   pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the federal act;

        (5)   share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the federal act;

        (6)   appoint such officers, enter into such contracts, utilize federal funds for planning and providing comparable replacement housing, and take such other actions as may be necessary to comply with the conditions and requirements of the federal act; and

        (7)   under circumstances where a displaced person demonstrates that receipt of such payments in advance of the actual relocation is required to enable the relocation and estimates are provided by the displaced person to the state, agency or political subdivision that will allow such governmental entity to estimate with reasonable accuracy the relocation payments, 75% of such amount shall be advanced to the displaced person or paid to third parties on behalf of the displaced person to facilitate the relocation. Any remaining payment due shall be made within 30 days after the relocation has been completed. Payment of such relocation advances shall not be required until title to the real property vests in the condemning authority.

        History:   L. 1973, ch. 228, § 2; L. 2003, ch. 106, § 3; L. 2004, ch. 110, § 7; July 1.

• 58-3503: Same; appeal by aggrieved persons. Any displaced person aggrieved by a determination as to eligibility for a payment authorized by this act, or the amount of payment, may have his or her application reviewed by the administrative head or governing body, or the duly authorized representative, of the state, any agency or political subdivision thereof undertaking the federal program or project whose decision shall be final.

        History:   L. 1973, ch. 228, § 3; April 2.

• 58-3504: Application of act to condemnation proceedings. Nothing in this act shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to the date of enactment of this act.

        History:   L. 1973, ch. 228, § 4; April 2.

• 58-3505:

        History:   L. 1973, ch. 228, § 5; Repealed, L. 2003, ch. 106, § 5; July 1.

• 58-3506: Rules and regulations. State agencies and political subdivisions administering this act may adopt such rules and regulations as may be necessary to carry out the provisions of this act.

        History:   L. 1973, ch. 228, § 6; April 2.

• 58-3507: Relocation assistance payments exempt from state setoff procedures. All payments authorized by the secretary of transportation for relocation assistance pursuant to either K.S.A. 58-3501 et seq., and amendments thereto, or the federal uniform relocation assistance and real property acquisition policies act of 1970 (P.L. 91-646, 42 U.S.C.A. 4601 et seq., and amendments thereto) shall be exempt from the setoff procedures of K.S.A. 75-6201 et seq., and amendments thereto.

        History:   L. 1988, ch. 322, § 1; July 1.

• 58-3508: Displacement of persons by action of condemning authority; relocation payments and assistance. On and after July 1, 2004: (a) Whenever federal funding is not involved, real property is acquired by any condemning authority through negotiation in advance of a condemnation action or through a condemnation action and the acquisition will result in the displacement of any person, the condemning authority shall:

        (1)   Provide the displaced person, as defined in the federal uniform relocation assistance and real property acquisition policies act of 1970, and amendments thereto, fair and reasonable relocation payments and assistance to or for displaced persons. Relocation payments shall not be required until title to the real property vests in the condemning authority.

        (2)   Fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203 and 204 of the federal uniform relocation assistance and real property acquisition policies act of 1970, and amendments thereto, shall be deemed fair and reasonable relocation payments and assistance pursuant to this section.

        (3)   Nothing in this section shall preclude the voluntary negotiation of fair and reasonable relocation payments and assistance between the displaced person and condemning authority. If such negotiations lead to agreement between the displaced person and the condemning authority, that agreement shall be deemed fair and reasonable.

        (4)   Under circumstances where a displaced person demonstrates that receipt of such payments, in advance of the actual relocation, is required to enable the relocation and estimates are provided by the displaced person to the condemning authority that will allow such authority to estimate with reasonable accuracy the relocation payments, 75% of such amount shall be advanced to the displaced person or paid to third parties on behalf of the displaced person to facilitate the relocation. Any remaining payment due will be made within 30 days after the relocation has been completed. Payment of such relocation advances shall not be required until title to the real property vests in the condemning authority.

        (b)   This section shall be a part of and supplemental to article 35 of chapter 58 of the Kansas Statutes Annotated, and amendments thereto.

        History:   L. 2004, ch. 110, § 8; Apr. 22.

• 58-3509: Appeals of a determination of relocation payments; requirements and procedures. On and after July 1, 2004: (a) Any displaced person entitled to benefits under this article may appeal by written notice to the state, agency or political subdivision a determination of relocation payments. If such an appeal is made to the state, agency or political subdivision within 60 days of the receiving notice of the determination being appealed, an independent hearing examiner shall be appointed by the state, agency or political subdivision within 10 days and a determination of the appeal made within 60 days. Any party wishing to appeal the ruling of the hearing examiner may do so by filing a written notice of appeal with the clerk of the district court within 30 days of the hearing examiner's decision. In the event any parties shall perfect an appeal to district court, copies of such notice of appeal shall be mailed to all parties affected by such appeal within three days after the date of perfection thereof. Any such appeal to district court shall be a trial de novo only on the issue of relocation benefits.

        (b)   This section shall be a part of and supplemental to article 35 of chapter 58 of the Kansas Statutes Annotated, and amendments thereto.

        History:   L. 2004, ch. 110, § 9; Apr. 22.