72-2102: Payments; patents; investment of funds; annual reports;
protection of timber and minerals; trespasses.
Laws 1876, chapter 122, article 14, sections 8, 9, 10, 15, 19, 24, 25,
26, 27, 28, 29, 30, 31, 32, included by reference.
History: R.S. 1923, 72-2102.
72-2103: Renewal within twelve months from May, 1876.
Laws 1876, chapter 112, section 1, included by reference.
History: L. 1874, ch. 100, § 1; L. 1875, ch. 129, § 1; L. 1876, ch. 112, § 1;
May 1; R.S. 1923, 72-2103.
72-2104: Reports of county clerk and auditor.
Laws 1876, chapter 126, sections 1 and 2, included by reference.
History: L. 1871, ch. 139, § 2; L. 1876, ch. 126, §§ 1, 2; May 1; R.S. 1923,
72-2104.
72-2105: Payments; delinquencies.
Laws 1876, chapter 127, sections 1 and 2, included by reference.
History: L. 1864, ch. 102, § 10; G.S. 1868, ch. 94, § 10; L. 1876, ch. 127,
§§ 1, 2; May 1; R.S. 1923, 72-2105.
72-2106: Protection of timber and minerals; tax sale.
Laws 1879, chapter 161, section 1, included by reference.
History: L. 1876, ch. 122, art. 14, § 14; L. 1879, ch. 161, § 1; March 13;
R.S. 1923, 72-2106.
72-2107: Interest; supplemental agreement.
Laws 1883, chapter 142, section 1, included by reference.
History: R.S. 1923, 72-2107.
72-2108: Mistake in acreage.
Laws 1885, chapter 183, section 1, included by reference.
History: R.S. 1923, 72-2108.
72-2109: Perjury relating to proofs; punishment.
Laws 1886, chapter 152, section 2, included by reference.
History: R.S. 1923, 72-2109.
72-2110: Enclosure; leasing; duties of sheriff.
Laws 1899, chapter 241, sections 2 and 3, included by reference.
History: R.S. 1923, 72-2110.
72-2111: Forfeiture; limitation of action; notice of default.
Laws 1907, chapter 373, sections 1 to 5, inclusive, included by
reference.
History: R.S. 1923, 72-2111.
72-2112: Schoolhouse sites; list to auditor; treasurer's settlement;
fees.
Laws 1909, chapter 218, sections 8 to 14, inclusive, included by
reference.
History: R.S. 1923, 72-2112.
72-2113: Prior rights.
Laws 1909, chapter 219, section 1, included by reference.
History: R.S. 1923, 72-2113.
72-2114: Legalizing certain sales.
Laws 1911, chapter 282, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2114.
72-2115: Validating purchase of leased land.
Laws 1911, chapter 286, section 1, included by reference.
History: R.S. 1923, 72-2115.
72-2116: Relief of certain purchasers.
Laws 1913, chapter 275, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2116.
72-2117: Relief of certain purchasers; payment within one year.
Laws 1915, chapter 323, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2117.
72-2118: Authorizing auditor to issue patents.
Laws 1915, chapter 324, section 1, included by reference.
History: R.S. 1923, 72-2118.
72-2119: Authorizing auditor to issue patents.
Laws 1915, chapter 325, section 1, included by reference.
History: R.S. 1923, 72-2119.
72-2120: Validating patents.
Laws 1917, chapter 293, section 1, included by reference.
History: R.S. 1923, 72-2120.
72-2121: Authorizing auditor to issue patents.
Laws 1917, chapter 294, section 1, included by reference.
History: R.S. 1923, 72-2121.
72-2122: Relief of purchasers in continuous possession.
Laws 1917, chapter 295, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2122.
72-2123: Relief of minors as purchasers.
Laws 1917, chapter 296, section 1, included by reference.
History: R.S. 1923, 72-2123.
72-2124: Relief of certain purchasers.
Laws 1919, chapter 277, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2124.
72-2125: Investigation and issue of patents by auditor.
Laws 1919, chapter 278, section 1, included by reference.
History: L. 1909, ch. 220, § 1; L. 1919, ch. 278, § 1; June 17; R.S. 1923,
72-2125.
72-2126: Payment of purchase money for school lands.
Any person purchasing such school land shall from and after the date of
the passage of this act pay to the treasurer of the county in which the
same is situated one-tenth of the amount of the purchase money, taking
therefor a receipt, which he shall present to the county clerk, together
with a bond double of the amount of purchase money unpaid, conditioned that
he will not commit waste upon said land and that he will pay the balance of
said purchase money in installments of five percent of the amount of the
balance of said purchase money each year thereafter until the full amount
is paid, and interests shall be paid annually on the balance of said
purchase money until the full amount of the same is paid at the rate of
four percent per annum, payable annually: Provided, That the purchaser
may pay the balance of the purchase money at any time, or in installments
of any multiple of such installments as are required by this act:
Provided, also, That any person having purchased such land prior to
the passage of this act and made partial payment of the purchase money and
who is not in default in the payment of interest due upon such purchase
money or taxes upon the land, or who being in default of such purchase
money and interest past due and taxes past due, will pay up the full amount
of such delinquent interest and taxes. Such person may upon surrendering
the certificate of purchase to the county clerk of the county in which the
said land is situated take out a new certificate of purchase under the
provisions of this act. First, paying to the treasurer of the aforesaid
county five percent of the original purchase price of said land and upon
presenting a new bond in double the amount of purchase money remaining
unpaid. Said bond conditioned the same as the aforementioned in this
section.
History: L. 1876, ch. 122, art. 14, § 7; L. 1879, ch. 162, § 1; L. 1883, ch.
140, § 1; L. 1903, ch. 477, § 1; L. 1923, ch. 195, § 1; Feb. 10; R.S.
1923, 72-2126.
72-2127: Arkansas river islands; relinquishment of state rights.
The state of Kansas disclaims any interest in, and hereby
relinquishes all right, title and claim in and to any and all islands in
the Arkansas river that have been heretofore surveyed under and by
virtue of the government of the United States of America and to which a
patent has been issued by the United States government, and to a bona
fide settler who settled upon and improved the same pursuant to the laws
of the United States.
History: L. 1913, ch. 296, § 1; Feb. 27; R.S. 1923, 72-2127.
72-2128:
History: L. 1915, ch. 322, § 1; R.S. 1923, 72-2128; Repealed, L.
1978, ch. 430, § 11; April 1.
72-2129:
History: L. 1915, ch. 322, § 2; R.S. 1923, 72-2129; Repealed, L.
1974, ch. 364, § 40; Jan. 13, 1975.
72-2130:
History: L. 1915, ch. 322, § 3; R.S. 1923, 72-2130; L. 1974, ch. 364,
§ 7; L. 1975, ch. 368, § 1; Repealed, L. 1978, ch. 430, § 11; April 1.
72-2131:
History: L. 1915, ch. 322, § 4; R.S. 1923, 72-2131; Repealed, L.
1978, ch. 430, § 11; April 1.
72-2132 to 72-2134:
History: L. 1915, ch. 322, §§ 5 to 7; R.S. 1923, 72-2132 to
72-2134; Repealed, L. 1978, ch. 430, § 11; April 1.
72-2135: School lands to be sold in manner hereinafter provided.
All school lands existing at the passage of this act or that may
hereafter revert to the state by forfeiture of prior sale, shall be sold in
the manner hereinafter provided.
History: L. 1915, ch. 322, § 8; May 22; R.S. 1923, 72-2135.
72-2136:
History: L. 1915, ch. 322, § 9; R.S. 1923, 72-2136;
Repealed, L. 1995, ch. 113, § 1; July 1.
72-2137:
History: L. 1915, ch. 322, § 10;
R.S. 1923, 72-2137;
Repealed, L. 1995, ch. 113, § 1; July 1.
72-2138: Sale of land by county treasurer; notice.
Immediately upon receipt of the advice of final appraisement, the county
treasurer shall proceed to sell the land described in the
appraisement. The county treasurer shall give public notice in the official
county paper once each week for two consecutive weeks previous to such sale
that such land has been
duly appraised, and that the county treasurer will offer the same at public sale on
the day and hour named in the notice. The notice shall contain a
description of the land and its appraised value. At the time
mentioned in the notice, the county treasurer shall offer all of the
school lands so appraised for sale at public auction, selling each legal
subdivision separately and receiving bids by the acre, but no bid shall
be received for less than the appraised value.
History: L. 1915, ch. 322, § 11; R.S. 1923, 72-2138; L. 1978,
ch. 430, § 5; L. 1981, ch. 173, § 75; July 1.
72-2139: Sale of lands remaining unsold.
In case any such land shall not be sold at such sale, the same may be
again advertised and offered for sale without reappraisement, or may, in
the discretion of the county commissioners, be reappraised and again
advertised and offered for sale.
History: L. 1915, ch. 322, § 12; May 22; R.S. 1923, 72-2139.
72-2140: Who may not purchase.
It shall be unlawful for the board of county commissioners appointing
the appraisers, or the persons appraising the lands, to purchase either
directly or indirectly any portion of the lands appraised by them.
History: L. 1915, ch. 322, § 13; May 22; R.S. 1923, 72-2140.
72-2141: Reports to secretary of state; law of accretion unaffected.
The township trustees and the county surveyor and county clerk shall
notify the secretary of state of all lands referred to herein, but the
secretary of state shall not cause the survey of any tract of land
containing less than five acres, unless in his judgment the value thereof
shall be greater than the expense of surveying and selling the same:
Provided, That nothing in this act contained shall be so construed as
to change the law of accretion as the same is now construed and defined by
the supreme court of the United States.
History: L. 1915, ch. 322, § 15; R.S. 1923, 72-2141;
L. 1974, ch. 364, § 8; Jan. 13, 1975.
72-2142:
History: L. 1921, ch. 272, § 1; R.S. 1923, 72-2142; L. 1974, ch. 364,
§ 9; Repealed, L. 1978, ch. 430, § 11; April 1.
72-2143:
History: L. 1921, ch. 272, § 2; R.S. 1923, 72-2143; Repealed, L.
1947, ch. 365, § 2; June 30.
72-2144:
History: L. 1921, ch. 272, § 3; R.S. 1923, 72-2144; L. 1947, ch. 365,
§ 1; L. 1974, ch. 295, § 11; L. 1976, ch. 311, § 6; Repealed, L.
1978, ch. 430, § 11; April 1.
72-2145:
History: L. 1921, ch. 272, § 4; R.S. 1923, 72-2145; L. 1974, ch. 364,
§ 10; Repealed, L. 1978, ch. 430, § 11; April 1.
72-2146: State may foreclose contracts of sale or renewals thereof,
when; rights of owners; price; certificate of purchase; deed; bids by
state.
In all cases where a sale of school lands shall have been made by the
state of Kansas under a contract of sale or renewal thereof, and the owner
or owners of such contract or renewal shall have failed for the period of
three months to pay any principal or installment thereof, or interest,
which by the contract of sale, or the renewal, he shall have been required
to pay to the state of Kansas, a foreclosure suit may be maintained by the
state of Kansas to foreclose the contract of sale or renewal, in the same
manner as provided by law for the foreclosure of mortgages upon real
estate, and the real estate covered by such contract or renewal may be sold
under a judgment of foreclosure as provided by law. The owner or owners of
a contract of sale or renewal shall have the right at any time until the
judgment shall be rendered to pay to the state the amount of principal and
interest then due and the costs of suit and thereupon the suit shall be
dismissed without prejudice. If such payment should not be made the
judgment shall be for the full amount of the principal due and to become
due under the contract or renewal, and interest to the end of the
redemption period on the portion of the principal due and the costs of
suit. The land shall not be sold under foreclosure for less than the total
of such amounts.
Whenever such real estate shall be sold under foreclosure and the same
shall not be redeemed from the judgment by the payment of the principal due
and to become due, and interest due upon such contract or renewal to the
end of the period of redemption and costs of suit, within eighteen months
from the date of such sale, then such sale shall become absolute and the
purchaser at such sale shall be immediately entitled to a deed to the real
estate purchased. Upon the sale of any real estate under foreclosure as
provided in this act, the sheriff making such sale shall execute and
deliver to the purchaser at such sale a certificate of purchase showing the
date of purchase, the person to whom sold, the description of the land sold
and the time as provided herein within which the real estate may be
redeemed, and if the land should not be redeemed within the time herein
mentioned, the legal holder, upon the presentation of such certificate,
shall be entitled to a deed for the land described, which deed shall convey
the title of the state as well as the interests of the defendants. Upon any
such foreclosure sale a bid may be made on behalf of the state, at the
direction of the state auditor, for the purchase of the land, in a sum not
to exceed the amount of the principal and interest in default, the amount
of the remainder of the principal, and interest to the end of the
redemption period on the portion of the principal due, and the costs of
suit. If the bid by the state should be accepted the amount of its bid
shall be credited upon the purchase price. If the deed should be made to
the state the land shall continue to be treated as school land.
History: L. 1937, ch. 317, § 1; June 30.
72-2147: Same; duty of county attorney.
Any such suit shall be conducted on behalf of the state by the county
attorney of the county in which such land shall be situate, under the
supervision of the attorney general.
History: L. 1937, ch. 317, § 2; June 30.
72-2148: Sale of certain school lands by secretary of state
authorized; procedure.
Any tract of school lands, not exceeding three acres in extent, which
has been used for school purposes, the title to which has remained in, or
has reverted to the state of Kansas, may be sold by the secretary of state
without survey or appraisement. The secretary of state shall negotiate
sales of such lands and submit the same to the governor for
the governor's approval.
Upon the approval of any such sale, the secretary of state shall deliver a
good and sufficient grant or patent conveying to the purchaser or
purchasers all of the title of the state of Kansas in and to the tract so
sold. The proceeds arising 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 school
equalization fund. This act
shall not be construed as repealing or limiting any existing acts relating
to the sale of school lands, but shall be construed as providing an
additional method for the sale of tracts not exceeding three acres.
History: L. 1949, ch. 452, § 1; L. 1974, ch. 364, §
11;
L. 2001, ch. 5, § 284; July 1.
72-2149: Validation of certain school-land patents.
Where patents for school lands have been issued, in pursuance of any law
of the state of Kansas, to a person who has died before the date of such
patents, the title to the land designated therein shall inure to and become
vested in the heirs, devisees or assignees of such deceased patentee as if
the patent had been issued to the deceased person during life.
History: L. 1955, ch. 359, § 1; June 30.