History: L. 1917, ch. 264, § 1; R.S. 1923, 68-401; L. 1925, ch. 210, § 1; L. 1949, ch. 343, § 1; L. 1957, ch. 357, § 1; July 1.
History: L. 1917, ch. 264, § 2; R.S. 1923, 68-402; L. 1925, ch. 210, § 2; L. 1949, ch. 343, § 2; L. 1957, ch. 357, § 2; L. 1975, ch. 426, § 52; Aug. 15.
History: L. 1935, ch. 269, § 1; Repealed, L. 1949, ch. 343, § 6; July 1.
The secretary of transportation may determine amounts to be paid from the state highway fund on account of any federal-aid project on the highway system in any county, city or other political subdivision constructed under the provisions of the federal-aid highway act of 1956 or prior federal-aid acts and all acts amendatory thereof or supplemental thereto, or relating to the various other modes and systems of transportation, and approve vouchers therefor. The counties' share of the cost of all such contracts so entered into by them under the federal-aid highway act of 1956 or prior federal aid acts and all acts amendatory thereof or supplemental thereto and federal acts relating to other modes and systems of transportation shall be paid by the proper county from the road and bridge fund of such county, or from any special fund available for such purpose.
Federal aid for county major collector roads or other federal aid classified routes shall be allocated by the secretary of transportation to each of the several counties in the proportion that the total gross amount of moneys received by each county from the special city and county highway fund and the county equalization and adjustment fund in the preceding calendar year prior to distribution of any such moneys bears to the total amount of moneys received by all counties from such fund in such year. If any county does not provide matching funds for federal aid allocated to such county, then the secretary of transportation may allocate such federal-aid funds to other counties or to the state highway system, and the secretary may accumulate any federal-aid moneys allocated to any or all counties over such period of time as the secretary deems necessary. Also the secretary may allow an advanced allocation of federal-aid funds to any county which establishes a need for additional federal-aid funds. Any such advanced allocation shall be made from accumulated federal-aid funds. Such federal-aid advanced allocations shall be credited back to such accumulated federal-aid funds if, or when, federal-aid funds are subsequently allocated to the counties that have received such advance allocations.
(b) In addition to the powers granted by subsection (a), the secretary may negotiate and enter into contracts with the federal government, federal departments, federal agencies or any other entity and may pledge any federal aid funds or other funds made available from the federal government for that or any other highway, road or street purposes within the state to repay funds which were advanced by counties, cities or political subdivisions of this state for highway, road or street purposes pursuant to the approval of the secretary of transportation.
History: L. 1937, ch. 287, § 1; L. 1949, ch. 343, § 3; L. 1951, ch. 377, § 1; L. 1957, ch. 357, § 3; L. 1970, ch. 397, § 3; L. 1970, ch. 398, § 1; L. 1975, ch. 426, § 53; L. 1981, ch. 262, § 1; L. 1983, ch. 227, § 6; L. 1985, ch. 232, § 4; L. 2005, ch. 84, § 3; L. 2006, ch. 76, § 2; July 1.
History: L. 1949, ch. 343, § 4; L. 1957, ch. 357, § 4; L. 1975, ch. 427, § 80; Aug. 15.
History: L. 1949, ch. 343, § 5; Repealed, L. 1957, ch. 357, § 6; July 1.
History: L. 1965, ch. 398, § 1; L. 1975, ch. 427, § 81; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 2001, ch. 117, § 2; July 1.
History: L. 1917, ch. 264, § 3; R.S. 1923, 68-403; Repealed, L. 1927, ch. 249, § 1; March 17.
(a) General supervision over the administration of all road and bridge laws and over the construction and maintenance of all roads, bridges and culverts throughout the state, except that such supervision by the secretary shall not extend to township roads, except that any township road for which federal aid is granted shall be under the supervision of the secretary;
(b) to compile information concerning the road, bridge and culvert materials of the state and furnish such information to boards of county commissioners, township highway commissioners, county engineers and other highway officials; the secretary shall answer all inquiries of such officials concerning highway construction and maintenance and shall advise them of the reasonable prices for materials and construction work;
(c) devise and adopt standard plans and specifications for road, bridge and culvert construction and maintenance suited to the needs of the different counties of the state and furnish them to county engineers;
(d) make a biennial report for the use of the legislature and may issue bulletins and pamphlets, which shall be printed as public documents;
(e) carry on such other highway educational work, and may cooperate with the state and national organizations for the support and advancement of highway construction;
(f) may make investigations of the highway conditions in any county, assist boards of county commissioners and the attorney general in the prosecution or defense of patent suits relative to road and bridge construction when so requested, and the secretary shall report any violations of the law to the attorney general who shall take such steps as are necessary regarding such violations;
(g) to enter upon any property to make surveys, examinations, investigations, and tests, and to acquire other necessary and relevant data in contemplation of (1) establishing the location of a road, street or highway; (2) acquiring land, property, and road building materials; or (3) performing other operations incident to highway construction, reconstruction or maintenance. Prior to entering upon any such property the secretary shall first request permission of the landowner to do so. Where consent to do the things authorized in this subsection (g) is not given to the secretary by the owner or occupant of the land involved, the secretary may proceed as authorized after giving 10 days written notice to landowner or occupant of the secretary's intention to conduct such surveys, examinations, investigations and tests. Entry upon any property, pursuant to this subsection, shall not be considered to be a legal trespass and no damages shall be recoverable on that account alone. In case of any actual or demonstrable damages to the premises, the secretary shall pay the owner of the premises the amount of the damages. Upon failure of the landowner and such secretary to agree upon the amount of damages the landowner may file an action against the secretary in the district court of the county in which the land is situated to recover such damages;
(h) to make tests, do research, to inspect and test all materials, supplies, equipment, and machinery used for state highway purposes or highway projects involving federal funds, and to develop methods and procedures for this purpose. Tests of such materials, supplies or equipment may be made available, upon payment of actual costs therefor, to any federal agency or political subdivision of the state;
(i) to maintain and develop testing laboratories to carry out the requirements of this act;
(j) to perform such other acts and duties and exercise such authority as will give the provisions of this act and other laws relating to the secretary or department of transportation full force and effect;
(k) to adopt rules and regulations to carry out the provisions of this act and any other laws relating to the secretary or department of transportation;
(l) to adopt rules and regulations relating to debarment and suspension of contractors for cause; and
(m) to prepare a report and make a presentation to the legislature as required by K.S.A. 75-3516 and amendments thereto.
History: L. 1917, ch. 264, § 6; R.S. 1923, 68-404; L. 1961, ch. 301, § 1; L. 1975, ch. 427, § 82; L. 1982, ch. 279, § 1; L. 2001, ch. 153, § 2; July 1.
History: L. 1937, ch. 290, § 1; L. 1951, ch. 378, § 1; L. 1975, ch. 427, § 83; Aug. 15.
History: L. 1983, ch. 226, § 1; July 1.
History: L. 1917, ch. 264, § 7; R.S. 1923, 68-405; L. 1975, ch. 427, § 84; Aug. 15.
(b) In addition to highways of the state highway system, the secretary of transportation shall designate in those cities on such system certain streets as city connecting links. "City connecting link" means a routing inside the city limits of a city which: (1) Connects a state highway through a city; (2) connects a state highway to a city connecting link of another state highway; (3) is a state highway which terminates within such city; (4) connects a state highway with a road or highway under the jurisdiction of the Kansas turnpike authority; or (5) begins and ends within a city's limits and is designated as part of the national system of interstate and defense highways.
(c) The secretary of transportation may mark and maintain existing roads as detours, but detour roads shall not be a part of the state highway system, except that such roads shall be marked and maintained by the secretary of transportation only until that portion of the state highway system for which such road is substituted is completed and open for travel.
(d) The secretary of transportation may use moneys appropriated from the state highway fund for the purchase of right-of-way, construction, improvement, reconstruction and maintenance of a highway over the most direct and practicable routes from state highways to a state lake, a federal lake or reservoir established by federal authority, any property managed or controlled by the department of wildlife and parks, national monuments and national historical sites, military reservations, motor carrier inspection stations, approaches and connections within an urban area, as defined by federal highway laws, places of major scenic attractions which possess unusual historical interest, as defined by subsections (1) and (2) of K.S.A. 76-2018, and amendments thereto, on which the state now holds or may hereafter hold a long-term lease, a state institution, from the city limits of the nearest city to a state institution, a state-owned natural and scientific preserve, as defined by subsection (b) of K.S.A. 74-6603, and amendments thereto, or such road or roads located within the boundaries of a state park and not presently maintained by a federal agency as shall be designated by the secretary of transportation. Such highways or roads shall not be a part of the state highway system, and the secretary of transportation is not required to plan, design or construct such highways or roads in conformity with the standards applicable to the state highway system.
(e) The secretary of transportation may make reroutings of any portion of the state highway system if such rerouting is required in writing by the United States department of transportation of the federal highway administration before it will permit federal funds to be used thereon. The secretary of transportation shall have control and regulation for purposes of posting speed limits and establishing access and egress facilities on any and all portions of streets and roads which are, or have been, a part of the state highway system, and which have been or may be, placed inside of the limits of an incorporated city by the creation of a new municipality or by the extension of the limits or boundaries of any existing municipality.
(f) Except pursuant to article 21 of chapter 68 of Kansas Statutes Annotated, only the secretary of transportation may authorize temporary closing of any part of the state highway system by any person for any purpose in the interest of the state. Every authorization granted under this subsection shall be granted subject to conditions specified by the secretary to provide for (1) proper detours, signing and markings, (2) timing which will not unreasonably inconvenience the public, and (3) such additional conditions as are appropriate to avoid unreasonable risk of injury to any person. Such requests shall be made in writing and submitted to the secretary at least five days prior to the closing date. In emergencies, temporary closing may be authorized by the secretary by oral communications. The secretary may waive all or any part of the notice otherwise required by this subsection.
Except as provided in subsection (g), any person failing or neglecting to comply with the provisions of this subsection, upon conviction, shall be guilty of a nonperson unclassified misdemeanor.
(g) In cases of sudden emergency, temporary closing of any part of the state highway system may be authorized by order of a person designated by the board of county commissioners for an area outside of any city or a person designated by the governing body of a city for an area within such city. In such cases of sudden emergency the person authorizing such closing shall inform the secretary of transportation thereof as soon as practicable and obtain the authorization of the secretary for any additional time thereafter for such closing.
History: L. 1927, ch. 255, § 6; L. 1929, ch. 225, § 3; L. 1933, ch. 97, § 1 (Special Session); L. 1935, ch. 245, § 1; L. 1937, ch. 285, § 1; L. 1949, ch. 344, § 1; L. 1953, ch. 300, § 1; L. 1961, ch. 302, § 1; L. 1972, ch. 245, § 1; L. 1975, ch. 350, § 1; L. 1975, ch. 427, § 85; L. 1978, ch. 271, § 3; L. 1981, ch. 263, § 1; L. 1984, ch. 251, § 1; L. 1984, ch. 293, § 6; L. 1984, ch. 252, § 1; L. 1988, ch. 269, § 1; L. 1989, ch. 118, § 179; L. 1993, ch. 124, § 1; July 1.
History: L. 1931, ch. 249, § 1; L. 1933, ch. 238, § 1; L. 1975, ch. 427, § 86; Aug. 15.
History: L. 1963, ch. 334, § 1; L. 1975, ch. 427, § 87; Repealed, L. 1978, ch. 271, § 5; April 21.
History: L. 1963, ch. 334, § 2; L. 1975, ch. 33, § 9; L. 1975, ch. 427, § 88; Repealed, L. 1978, ch. 271, § 5; April 21.
History: L. 1963, ch. 334, §§ 3, 4; L. 1975, ch. 427, §§ 89, 90; Repealed, L. 1978, ch. 271, § 5; April 21.
History: L. 1927, ch. 255, § 11; L. 1929, ch. 225, § 8; L. 1951, ch. 379, § 1; L. 1975, ch. 427, § 91; Aug. 15.
History: L. 1929, ch. 225, § 9; L. 1939, ch. 242, § 1; L. 1941, ch. 308, § 1; L. 1975, ch. 427, § 92; L. 1983, ch. 274, § 4; July 1.
The secretary of transportation may adopt any rules and regulations necessary to implement the provisions of this section.
(b) The secretary of transportation shall not acquire any goods or services through any process of reverse auctioning.
(c) As used in this section, "sealed bids" may include a procurement process following procedures approved by the secretary of transportation in which bids are received electronically over the internet.
History: L. 2001, ch. 212, § 2; May 31.
History: L. 1929, ch. 225, § 10; L. 1975, ch. 427, § 93; Aug. 15.
History: L. 1929, ch. 225, § 11; L. 1933, ch. 239, § 1; L. 1935, ch. 246, § 1; L. 1975, ch. 427, § 94; Aug. 15.
History: L. 1929, ch. 225, § 12; L. 1943, ch. 235, § 1; L. 1959, ch. 263, § 1; L. 1975, ch. 427, § 95; Aug. 15.
The cost of construction, improvement and the reconstruction of such streets and highways, shall be apportioned between the department of transportation and such city, to be determined by an agreement between the city and the secretary of transportation. The portion of such cost to be paid by the secretary shall be paid from that portion of the state highway fund provided for construction of state highways and the cost of the remainder of such street highways shall be paid by the city from a fund raised in the manner provided by law for the payment for grading, curbing, guttering and paving streets in such city: Provided, That in no event shall the secretary of transportation be liable for construction, improvement or reconstruction as herein set out unless the secretary shall have designated such streets as connecting links in the state highway systems: And provided further, That the secretary of transportation shall decide the time when such construction, improvement or reconstruction shall be commenced.
Where any such improvement shall receive federal aid, the secretary of transportation may, in the secretary's discretion, use any such federal funds that may be available for such purpose, to assist the city in the payment of such a part of the city's portion of the cost of such improvement as the secretary may deem proper or advisable.
History: L. 1929, ch. 225, § 13; L. 1933, ch. 240, § 1; L. 1943, ch. 236, § 1; L. 1949, ch. 344, § 2; L. 1975, ch. 427, § 96; Aug. 15.
History: L. 1931, ch. 251, § 1; L. 1953, ch. 301, § 1; L. 1968, ch. 248, § 1; L. 1975, ch. 427, § 97; Aug. 15.
(b) (1) Exercise of the right of eminent domain by the secretary shall be in accordance with and governed by article 5 of chapter 26 of the Kansas Statutes Annotated, and amendments thereto.
(2) Every petition filed by the secretary to acquire lands or any interest in or title thereto by the exercise of the right of eminent domain shall set forth the extent, quantity and nature of 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 domain any right, title or interest in or to the oil and gas minerals under or in any lands, and the petition in any condemnation proceedings shall state that right, title or interest in or to such oil and gas minerals is not being condemned.
(4) The secretary may acquire by eminent domain the fee simple title to lands when such lands are acquired for sites for the construction of buildings or improvements necessarily incident to the operation, maintenance and supervision of a state system of highways.
(c) The secretary may acquire fee simple title or any lesser degree of title or interest or rights in land by purchase or dedication.
(d) (1) Subject to the provisions of paragraph (2) of this subsection (d) the secretary may dispose of any real estate or any right, title or degree or variety of interest therein which has theretofore been acquired for state highway purposes, in the manner the secretary deems most expedient, when such real estate or interest therein is no longer needed or used for state highway purposes. The secretary may exchange the right-of-way in which the secretary has an interest or title greater than an easement for new or other right-of-way.
(2) Whenever the secretary shall determine in the manner provided by paragraph (1) of this subsection (d) that any real estate should be disposed of by sale, such secretary shall sell the same, in the name of the state of Kansas, to the highest bidder at public auction and thereby convey and transfer all of the right, title and interest of the state of Kansas in such real estate.
As soon as reasonably practical after the secretary determines that any such real estate should be sold, the secretary shall have the real estate appraised by three disinterested persons and advertise the sale in a newspaper of general circulation in the county where the real estate is situated once each week for at least three consecutive weeks prior to the date set for such sale. In no case shall such real estate be sold for less than 2/3 of its appraised value except that if no sale has been effected after an effort to sell under this section, the secretary may set aside the appraisement and order a new appraisement and readvertise the real estate for sale. If the new appraisement does not exceed $1,000, the secretary may readvertise and sell the real estate to the highest bidder. If the secretary determines that sale by public auction would be inappropriate, the real estate may be sold in the manner deemed most expedient by the secretary. The secretary may charge an amount in connection with the release of any permanent easement. The amount charged shall not exceed the increase in value accruing to the underlying fee owner resulting from the termination of the property interest held by the secretary in the name of the state of Kansas. Conveyances of real estate under this section shall be by deed executed by the secretary of transportation. The secretary shall keep a record of all such conveyances. All moneys derived from such sales or charges shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state highway fund.
(e) On August 15, 1975, the secretary of transportation shall succeed to whatever right, title or interest the state highway commission has acquired in any land in this state, and the secretary of transportation shall hold the same for and in the name of the state of Kansas. Whenever any land or any right, title or interest in any land is acquired by the secretary of transportation or is acquired for state highway purposes, such right, title or interest shall be taken and held by 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.
History: L. 1951, ch. 382, § 1; L. 1975, ch. 426, § 55; Aug. 15.
History: L. 1963, ch. 332, § 1; L. 1975, ch. 427, § 98; Aug. 15.
If after due notice to said railroad company that in the judgment of the secretary of transportation the construction, improvement, reconstruction or maintenance of such viaduct, tunnel, underpass, bridge or grade crossing is necessary, said railroad company fails to comply with the secretary's order as provided by this section, said secretary is empowered and authorized to forthwith construct, improve, reconstruct or maintain such viaduct, tunnel, underpass, bridge or grade crossing and the amount so expended for such construction, improvement, reconstruction or maintenance shall comprise a charge against such railroad company and the secretary shall render a bill to such railroad company stating the amount expended and for what purpose, and upon the failure or refusal of such railroad company to make payment of the amount due the state the secretary shall forward all data and information to the attorney general of this state, who shall immediately institute a suit in the name of the secretary of transportation for the recovery of the amount reported by the secretary of transportation as due from the railroad company for its proportion of the cost of the construction, improvement, reconstruction or maintenance of such viaduct, tunnel, underpass, bridge or grade crossing. Upon the recovery of such fund said secretary shall deposit same with the state treasurer and said sum shall be apportioned to the different funds in the amounts expenditures from such funds were made.
When the secretary of transportation deems it advisable, said railroad company may be required by order of the secretary, to install and maintain suitable safety devices or warning signals at dangerous or obscure crossings to indicate the approach of trains.
History: L. 1929, ch. 225, § 15; L. 1975, ch. 427, § 99; L. 1976, ch. 294, § 1; July 1.
If such person, firm or corporation refuses to pay the charges, the secretary of transportation shall notify the attorney general, who shall bring suit against such person, firm or corporation in the name of the state to recover the amount. Any amounts received from such persons, firms or corporations shall be deposited in the state treasury and credited to the fund from which the cost of such removal was paid.
(b) In addition to the powers provided in subsection (a), the secretary may advance moneys to a public utility or entity when the utilities, structures or facilities of such public utility or entity are being moved, modified or relocated and in the secretary's opinion the expeditious movement, modification or relocation of such utilities, structures or facilities, from current or proposed highway right-of-way, is necessitated by a current or proposed highway project. The secretary shall not advance moneys to a public utility or entity, unless such public utility or entity can demonstrate a financial need for the advancement of such moneys.
The secretary shall not advance moneys in excess of $20,000, per project, to any one public utility or entity. Such public utility or entity advanced money by the secretary shall pay interest upon such money at the rate of interest equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills prior to the date of the advancement of such money. The term for the repayment of such money by such public utility or entity shall not exceed 60 months.
Nothing in this subsection shall give any public utility or entity any standing on rights of compensation not currently available under law, and all such payments are deemed a matter of legislative policy to rest solely within the discretion of the secretary of transportation for the purpose of expediting the construction, reconstruction or maintenance of the state highway system.
The secretary of transportation shall adopt rules and regulations establishing the procedure and criteria for the advancement of moneys under the provisions of this subsection.
(c) Notwithstanding the provisions of subsection (a), any rural water district created under the provisions of K.S.A. 82a-612 et seq., and amendments thereto, which, after excluding such water lines that cross a highway, has 90% or more of its remaining water lines on private right-of-way and is required to relocate such district's water lines in accordance with subsection (a): (1) Shall be reimbursed for such district's costs for relocating such water lines; or (2) if the secretary of transportation relocates the district's water lines, such district shall not be required to reimburse the secretary of transportation the costs for relocating such water lines. The provisions of this subsection shall apply to all state highway funded projects, including any highway projects currently in progress.
History: L. 1929, ch. 225, § 16; L. 1975, ch. 426, § 56; L. 1990, ch. 247, § 1; L. 1992, ch. 146, § 4; L. 1995, ch. 68, § 1; Apr. 6.
History: L. 1937, ch. 289, § 1; Repealed, L. 1947, ch. 338, § 1; June 30.
(a) The secretary of transportation annually shall apportion and distribute quarterly, on the first day of January, April, July and October, to cities on the state highway system from the state highway fund moneys at the rate of $3,000 per year per lane per mile for the maintenance of streets and highways in cities designated by the secretary as city connecting links. Unless a consolidated street and highway fund is established pursuant to K.S.A. 12-1,119, and amendments thereto, all moneys distributed by the secretary shall be credited to the street and alley funds of such cities. All moneys so distributed shall be used solely for the maintenance of city connecting links. Maintenance of such city connecting links shall be as prescribed in K.S.A. 68-416a, and amendments thereto. As used in this subsection, "lane" means the portion of the roadway for use of moving traffic of a standard width prescribed by the secretary. In lieu of such apportionment, the secretary, by and with the consent of the governing body of any city within the state of Kansas, may maintain such streets within the city and pay for such maintenance from the highway fund.
(b) All of the remainder of such highway fund shall be used by the secretary of transportation for:
(1) The construction, improvement, reconstruction and maintenance of the state highway system;
(2) improvements in transportation programs to aid elderly persons, persons with disabilities and the general public;
(3) for any purpose specified in K.S.A. 68-2314a;
(4) the support and maintenance of the department of transportation;
(5) the expenses of administering the motor vehicle registration and drivers' license laws; and
(6) the payment of losses to department of transportation employees authorized by K.S.A. 2002 Supp. 75-5062, and amendments thereto.
History: L. 1927, ch. 255, § 7; L. 1929, ch. 225, § 17; L. 1933, ch. 241, § 1; L. 1941, ch. 309, § 1; L. 1949, ch. 344, § 3; L. 1958, ch. 56, § 1 (Budget Session); L. 1959, ch. 264, § 1; L 1967, ch. 353, § 1; L. 1970, ch. 397, § 4; L. 1974, ch. 271, § 1; L. 1975, ch. 427, § 100; L. 1978, ch. 271, § 4; L. 1979, ch. 211, § 1; L. 1987, ch. 260, § 2; L. 1989, ch. 209, § 28; L. 1994, ch. 236, § 1; L. 1998, ch. 63, § 2; L. 1999, ch. 137, § 10; July 1.
(a) Where cities receive an amount per lane per mile as provided in K.S.A. 68-416, and amendments thereto, such cities shall be responsible for all maintenance of such city connecting links, except route marking signs.
(b) Where the secretary of transportation and a city have entered into an agreement for the secretary to maintain city connecting links, responsibility for maintenance shall be as prescribed in the agreement. The secretary of transportation shall assume all maintenance obligations for city connecting links except for (1) installation and maintenance of parking meters and pavement markings for parking lanes, (2) maintenance of sidewalks except on structures, (3) installation and maintenance of street illumination system, (4) maintenance of automated traffic control devices, (5) enclosed lengths of storm drainage systems which parallel the street or highway and (6) snow removal where parking is permitted. Where installation of street illumination facilities on city connecting links is the responsibility of the city, such installation shall first be approved by the secretary of transportation.
(c) The secretary of transportation shall be responsible for all maintenance on all fully access controlled city connecting links.
History: L. 1979, ch. 211, § 2; L. 1989, ch. 209, § 29; Jan. 1, 1990.
History: L. 1933, ch. 241, § 2; L. 1975, ch. 427, § 101; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 1933, ch. 241, § 3; L. 1935, ch. 247, § 1; L. 1975, ch. 427, § 102; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 1933, ch. 241, § 4; L. 1975, ch. 427, § 103; Repealed, L. 1999, ch. 137, § 42; July 1.
History: L. 1929, ch. 225, § 19; Repealed, L. 1951, ch. 383, § 1; June 30.
History: L. 1929, ch. 225, § 23; L. 1957, ch. 359, § 1; L. 1972, ch. 246, § 1; L. 1975, ch. 350, § 2; L. 1975, ch. 427, § 104; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1974, ch. 269, § 1; July 1.
History: L. 1927, ch. 255, § 13; L. 1929, ch. 225, § 20; April 1.
History: L. 1927, ch. 255, § 12; L. 1929, ch. 225, § 21; L. 1975, ch. 427, § 105; Aug. 15.
History: L. 1929, ch. 229, § 1; Repealed, L. 1935, ch. 248, § 1; March 19.
History: L. 1927, ch. 257, § 1; L. 1975, ch. 427, § 106; Aug. 15.
History: L. 1967, ch. 195, § 3; L. 1975, ch. 427, § 107; Aug. 15.
History: L. 1975, ch. 347, § 1; July 1.
History: L. 1927, ch. 257, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
(b) Whenever the secretary of transportation determines that any real estate so purchased should be disposed of by sale, the secretary shall have the real estate appraised by three disinterested persons. The secretary shall give the landowner from whom the real estate was acquired, or the landowner's successors in title, an opportunity to purchase the real estate at the appraised value. If the landowner does not elect within a reasonable time to purchase the real estate at the appraised value, the secretary, in the name of the state of Kansas, is authorized to sell the interest of the state in the real estate to the highest bidder at public auction. Such sale at auction shall be preceded by an advertisement of the sale in the Kansas register once each week for at least three consecutive weeks prior to the date set for such sale. In no case shall such real estate be sold at public auction for less than 2/3 of its appraised value, except that, if no sale has been effected after an effort to sell at public auction under this section, the secretary of transportation may set aside the appraisement and order a new appraisement and readvertise the real estate for sale at public auction. If such new appraisement does not exceed $1,000, the secretary may readvertise and sell the real estate to the highest bidder. Conveyances of such real estate shall be by deed executed by the secretary.
(c) The secretary of transportation shall keep a record of all such conveyances. All moneys derived from such sales shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state highway fund.
History: L. 1963, ch. 333, § 1; L. 1975, ch. 427, § 108; L. 1983, ch. 274, § 5; L. 2001, ch. 5, § 279; July 1.
History: L. 1963, ch. 333, § 2; L. 1975, ch. 427, § 109; Aug. 15.
History: L. 1963, ch. 341, § 1; L. 1975, ch. 427, § 110; Aug. 15.
History: L. 1963, ch. 341, § 2; L. 1975, ch. 427, § 111; Aug. 15.
History: L. 1963, ch. 341, § 3; L. 1975, ch. 427, § 112; Aug. 15.
History: L. 1963, ch. 341, § 4; L. 1975, ch. 427, § 113; Aug. 15.
History: L. 1933, ch. 94, § 1 (Special Session); L. 1941, ch. 309, § 2; Repealed, L. 1970, ch. 397, § 10; July 1.
History: L. 1933, ch. 94, §§ 2 to 8 (Special Session); Repealed, L. 1951, ch. 383, § 1; June 30.
(b) the sale of products by a vendor licensed under the provisions of K.S.A. 75-3339, and amendments thereto, as authorized by rules and regulations adopted by the secretary of transportation.
History: L. 1941, ch. 314, § 1; L. 1991, ch. 209, § 2; July 1.
History: L. 1941, ch. 314, § 2; June 30.
History: L. 1983, ch. 227, § 2; July 1.
History: L. 1983, ch. 227, § 3; July 1.
No contract authorized by this section shall be entered into after July 1, 1986.
History: L. 1983, ch. 227, § 4; July 1.
History: L. 1985, ch. 232, § 1; July 1.
History: L. 1985, ch. 232, § 2; July 1.
History: L. 1985, ch. 232, § 3; July 1.
History: L. 1985, ch. 230, § 1; Expired, July 1, 2001.
History: L. 1985, ch. 230, § 2; L. 1989, ch. 209, § 63; Expired, July 1, 2001.
History: L. 1985, ch. 230, § 3; Expired, July 1, 2001.
History: L. 1985, ch. 230, § 4; L. 1989, ch. 209, § 64; Expired, July 1, 2001.