Kansas Statutes

Chapter 76: State Institutions And Agencies; Historical Property

Article 1: General Provisions

Statutes:

• 76-101:
• 76-101a to 76-101c:
• 76-102, 76-103:
• 76-104:
• 76-105:
• 76-106:
• 76-107:
• 76-108:
• 76-108a, 76-108b:
• 76-108c:
• 76-108d:
• 76-108e:
• 76-109:
• 76-110:
• 76-111:
• 76-112: Lease of lands for oil, gas or other mineral purposes under L. 1925, ch. 266, § 1, as amended by L. 1935, ch. 284, § 1.
• 76-112a to 76-112c:
• 76-112d: Lease of land for oil, gas, other mineral purposes; lease not to interfere with original purpose.
• 76-112e: Same; competitive bids; advertisement.
• 76-112f: Same; proceeds from leases under 76-112, 76-112e.
• 76-113: Same; proceeds from leases under L. 1925, ch. 266.
• 76-114, 76-115: Oil and gas well contracts for drilling on lands.
• 76-116: Sale of road materials to counties.
• 76-116a to 76-116c:
• 76-116d: Disposal of certain books or art objects by certain institutions; institution defined.
• 76-116e: Same; trade or sale of duplicate books or objects, when; disposition of proceeds.
• 76-117:
• 76-118, 76-119:
• 76-120:
• 76-121:
• 76-122:
• 76-123:
• 76-124:
• 76-125: Fire protection at certain institutions.
• 76-126:
• 76-127:
• 76-128, 76-129:
• 76-130:
• 76-131 to 76-133:
• 76-134:
• 76-135, 76-136:
• 76-137: Custody of deeds or bonds for deeds of certain state institutions.
• 76-138:
• 76-139: Licenses for spur railroad tracks to institutions under L. 1901, ch. 353, § 34.
• 76-140:
• 76-141:
• 76-142, 76-143: Maintaining slaughter house near charitable institution.
• 76-144:
• 76-145:
• 76-146:
• 76-147: Land acquisition by state board of regents and certain other state boards; eminent domain, when.
• 76-148:
• 76-149:
• 76-150 to 76-154:
• 76-155:
• 76-156:
• 76-156a: Investing agents for state educational institutions.
• 76-157: Readers for blind persons.
• 76-158: Same; duties of secretary of social and rehabilitation services; pay of readers.
• 76-158a to 76-158c:
• 76-158d:
• 76-159, 76-160:
• 76-161:
• 76-162: Dental treatment for inmates of certain state institutions.
• 76-163:
• 76-164: Board of regents may lease lands for oil, gas or other minerals.
• 76-165: Board of regents may lease lands for oil, gas or other minerals; notice; bids; execution of leases.
• 76-166: Same; lessee liable in damages.
• 76-167: Same; restriction.
• 76-168: Board of regents may lease lands for oil, gas or other minerals; disposition of proceeds.
• 76-169: Sale of certain real estate in Johnson county; disposition of proceeds.
• 76-170: Charges for evaluation, care and treatment of outpatients in certain state institutions; rates; recovery of charges.
• 76-172: Funds of individuals in certain institutions; definitions.
• 76-173: Same; designation of person in charge of trust funds; deposit in interest-bearing accounts.
• 76-174:
• 76-175: Same; authorized investments for trust funds; disposition of interest.
• 76-175a: Same; director of accounts and reports; transfer of moneys; administration of act.
• 76-176: Sale and lease of certain real estate held for use and benefit of correctional institutions by secretary of administration, when.
• 76-177: Same; appraisal of real estate before sale; notice of proposal to sell; negotiation; execution of deed; recitals; approval.
• 76-178: Same; notice of proposal to lease; negotiation of lease; execution of agreement; approval of attorney general.
• 76-179: Same; expenses of sale or lease; disposition of proceeds.
• 76-180: Sale of interest in certain devised real estate by board of regents authorized; disposition of proceeds.
• 76-181: Conveyance of certain property by board of regents to Kansas university endowment association authorized.
• 76-182: Conveyance of title to real property in Leavenworth county by secretary of state to American Heart Association, Kansas Affiliate, Inc.
• 76-183: Exchange, lease and exchange of property and property rights under agreement between secretary of corrections and Cargill Incorporated; approval of state finance council.
• 76-184: Conveyance of land in Shawnee county by secretary of corrections to city of Topeka; use of land specified; approval of deed by attorney general; reverter.
• 76-185:
• 76-186: Conveyance of Kansas City office building property by secretary of labor; authorization; approval of deed by attorney general.
• 76-187: Conveyance of land in Miami county by secretary of social and rehabilitation services to Miami county interlocal agency; authorization; procedure; use restriction; reverter.

• 76-101:

        History:   L. 1919, ch. 292, § 1; L. 1921, ch. 265, § 1; R.S. 1923, 76-101; Repealed, L. 1953, ch. 375, § 95; July 1.

• 76-101a to 76-101c:

        History:   L. 1931, ch. 299, §§ 1 to 3; Repealed, L. 1953, ch. 375, § 95; July 1.

• 76-102, 76-103:

        History:   L. 1917, ch. 297, §§ 10, 11; R.S. 1923, 76-102, 76-103; Repealed, L. 1953, ch. 375, § 95; July 1.

• 76-104:

        History:   L. 1917, ch. 297, § 12; R.S. 1923, 76-104; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-105:

        History:   R.S. 1923, 76-105; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-106:

        History:   L. 1919, ch. 294, § 1; R.S. 1923, 76-106; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-107:

        History:   L. 1917, ch. 297, § 13; R.S. 1923, 76-107; Repealed, L. 1953, ch. 375, § 95; July 1.

• 76-108:

        History:   L. 1917, ch. 297, § 14; R.S. 1923, 76-108; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-108a, 76-108b:

        History:   L. 1925, ch. 259, §§ 2, 6; L. 1939, ch. 289, §§ 6, 8; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-108c:

        History:   L. 1925, ch. 259, § 7; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-108d:

        History:   L. 1939, ch. 289, § 7; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-108e:

        History:   L. 1939, ch. 43, § 1; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-109:

        History:   L. 1917, ch. 297, § 15; R.S. 1923, 76-109; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-110:

        History:   L. 1917, ch. 297, § 16; R.S. 1923, 76-110; Repealed, L. 1953, ch. 375, § 95; July 1.

• 76-111:

        History:   L. 1917, ch. 297, § 17; R.S. 1923, 76-111; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-112: Lease of lands for oil, gas or other mineral purposes under L. 1925, ch. 266, § 1, as amended by L. 1935, ch. 284, § 1. This section included by reference. [Authorized the leasing for oil, gas or other mineral purposes of lands under the control of the state board of administration (now abolished).]

        History:   L. 1925, ch. 266, § 1; L. 1935, ch. 284, § 1; March 19.

• 76-112a to 76-112c:

        History:   L. 1925, ch. 266, §§ 2 to 4; Repealed, L. 1935, ch. 284, § 4; March 19.

• 76-112d: Lease of land for oil, gas, other mineral purposes; lease not to interfere with original purpose. L. 1925, ch. 266, § 5, included by reference.

        History:   L. 1925, ch. 266, § 5; March 17.

• 76-112e: Same; competitive bids; advertisement. Each state agency authorized to enter into leases under K.S.A. 76-112 shall, before entering into any such lease, advertise for bids thereon for not less than 30 days by publication in the Kansas register. Competitive bids shall be required by the state agency for such leases and the same shall be opened and the lease contract shall be determined and entered into at the office of the state agency in Topeka, Kansas. In such letting, the state agency shall have the right to reject any and all bids.

        History:   L. 1935, ch. 284, § 2; L. 1983, ch. 274, § 7; July 1.

• 76-112f: Same; proceeds from leases under 76-112, 76-112e. L. 1935, ch. 284, § 3, included by reference.

        History:   L. 1935, ch. 284, § 3; March 19.

• 76-113: Same; proceeds from leases under L. 1925, ch. 266. L. 1925, ch. 266, § 6, as amended by L. 1929, ch. 273, § 1, included by reference.

        History:   L. 1925, ch. 266, § 6; L. 1929, ch. 273, § 1; March 1.

• 76-114, 76-115: Oil and gas well contracts for drilling on lands. L. 1923, ch. 218, §§ 1, 2, included by reference. [Authorized the board of administration (now abolished) to make contracts for drilling of wells for oil or gas on land under its jurisdiction and provided for use of funds.]

        History:   L. 1923, ch. 218, §§ 1, 2; June 9; R.S. 1923, 76-114, 76-115.

• 76-116: Sale of road materials to counties. L. 1919, ch. 297, § 1, included by reference. [Authorized the board of administration (now abolished) to sell road building materials to county commissioners.]

        History:   L. 1919, ch. 297, § 1; June 17; R.S. 1923, 76-116.

• 76-116a to 76-116c:

        History:   L. 1931, ch. 295, §§ 1, 2, 3; Repealed, L. 1953, ch. 375, § 95; July 1.

• 76-116d: Disposal of certain books or art objects by certain institutions; institution defined. As used in this act, the word "institution" means the university of Kansas, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university and Fort Hays state university.

        History:   L. 1953, ch. 407, § 1; L. 2001, ch. 2, § 1; July 1.

• 76-116e: Same; trade or sale of duplicate books or objects, when; disposition of proceeds. When in the judgment of the officer in charge of any book or art object collections at any institution needless duplication exists in any book or art object collection, such officer, with the written approval of the chancellor or president of such institution, is hereby authorized to trade or sell at private sale or at auction any duplicate book or art object for the purpose of augmenting any such collection. The proceeds derived from any such sale 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 a special fund denominated by the name of the collection from which such sale was made and such fund is hereby appropriated and made available for the purpose of purchasing additions to such collection. No other law of the state relating to obsolete, condemned or surplus property shall apply to any trade or sale made under the authority conferred by this act.

        History:   L. 1953, ch. 407, § 2; L. 2001, ch. 5, § 412; July 1.

• 76-117:

        History:   L. 1920, ch. 64, § 1; R.S. 1923, 76-117; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-118, 76-119:

        History:   R.S. 1923, 76-118, 76-119; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-120:

        History:   L. 1905, ch. 475, § 23; R.S. 1923, 76-120; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-121:

        History:   L. 1905, ch. 475, § 24; R.S. 1923, 76-121; L. 1951, ch. 465, § 1; Repealed, L. 1953, ch. 391, § 35; April 3.

• 76-122:

        History:   L. 1905, ch. 475, § 29; R.S. 1923, 76-122; Repealed, L. 1943, ch. 269, § 28; June 30.

• 76-123:

        History:   L. 1905, ch. 475, § 30; R.S. 1923, 76-123; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-124:

        History:   R.S. 1923, 76-124; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-125: Fire protection at certain institutions. It shall be the duty of the board of administration to provide at each institution adequate and ready means of protection against fire, and to construct proper means of escape for inmates and attendants, where the same are not already constructed, and to establish and enforce rigid rules and regulations by which the danger of fire shall be minimized, and prevent, as far as possible, injury to the persons of the inmates and the loss or destruction by any cause of the property of the state.

        History:   L. 1905, ch. 475, § 32; March 10; R.S. 1923, 76-125.

• 76-126:

        History:   L. 1905, ch. 475, § 34; R.S. 1923, 76-126; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-127:

        History:   L. 1905, ch. 475, § 35; R.S. 1923, 76-127; L. 1943, ch. 269, § 25; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-128, 76-129:

        History:   L. 1905, ch. 475, §§ 36, 37; R.S. 1923, 76-128, 76-129; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-130:

        History:   L. 1905, ch. 475, § 44; R.S. 1923, 76-130; Repealed, L. 1935, ch. 285, § 10; June 30.

• 76-131 to 76-133:

        History:   L. 1905, ch. 475, §§ 45, 48, 50; R.S. 1923, 76-131, 76-132, 76-133; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-134:

        History:   L. 1901, ch. 353, § 11; R.S. 1923, 76-134; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-135, 76-136:

        History:   L. 1901, ch. 353, §§ 27, 28; R.S. 1923, 76-135, 76-136; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-137: Custody of deeds or bonds for deeds of certain state institutions. All deeds or bonds for deeds to real estate the title to which is in the state of Kansas, of property belonging to any of the institutions under the control or management of said board [*], shall be and remain in the custody of the secretary of state.

        History:   L. 1901, ch. 353, § 30; May 1; R.S. 1923, 76-137.

• 76-138:

        History:   L. 1901, ch. 353, § 31; L. 1903, ch. 482, § 3; R.S. 1923, 76-138; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-139: Licenses for spur railroad tracks to institutions under L. 1901, ch. 353, § 34. Section included by reference. [Authorized the board of administration (now abolished) to license railway companies to operate spur tracks to connect state institutions under its supervision.]

        History:   L. 1901, ch. 353, § 34; R.S. 1923, 76-139.

• 76-140:

        History:   L. 1901, ch. 353, § 35; R.S. 1923, 76-140; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-141:

        History:   L. 1901, ch. 353, § 46; L. 1903, ch. 482, § 6; R.S. 1923, 76-141; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-142, 76-143: Maintaining slaughter house near charitable institution. L. 1901, ch. 352, §§ 1, 2, included by reference. [Prohibits maintaining slaughter house near charitable and other institutions under the board of administration (now abolished); provided penalties.]

        History:   L. 1901, ch. 352, §§ 1, 2; March 15; R.S. 1923, 76-142, 76-143.

• 76-144:

        History:   L. 1909, ch. 235, § 1; R.S. 1923, 76-144; Repealed, L. 1935, ch. 285, § 10; June 30.

• 76-145:

        History:   L. 1921, ch. 31, § 1; R.S. 1923, 76-145; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-146:

        History:   L. 1923, ch. 36, § 3; R.S. 1923, 76-146; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-147: Land acquisition by state board of regents and certain other state boards; eminent domain, when. (a) For the purpose of acquiring lands, easements or interests in land on which to erect buildings or for laying and maintaining water mains, sewers, roads, or for any other purpose necessary to properly maintain and carry on any state institution or business thereof, the state board of regents, or any other board or commission in charge of any state institution, may purchase or condemn such lands, easements or interests in land.

        (b)   If such lands, easements or interests in land are acquired by condemnation, the procedure followed shall be that prescribed in chapter 26 of Kansas Statutes Annotated.

        (c)   If such lands, easements or interests in land are acquired by purchase, any such board or commission shall first obtain appraisals by two (2) competent real estate appraisers of the property to be purchased. The appraisals obtained shall remain confidential until the purchase transaction is completed. The purchase price shall not exceed the appraised value as determined above.

        History:   R.S. 1923, 76-147; L. 1967, ch. 469, § 1; July 1.

• 76-148:

        History:   R.S. 1923, 76-148; Repealed, L. 1959, ch. 345, § 1; June 30.

• 76-149:

        History:   L. 1917, ch. 299, § 1; R.S. 1923, 76-149; Repealed, L. 1965, ch. 477, § 1; June 30.

• 76-150 to 76-154:

        History:   L. 1917, ch. 299, §§ 2 to 6; R.S. 1923, 76-150 to 76-154; Repealed, L. 1965, ch. 477, § 1; June 30.

• 76-155:

        History:   L. 1917, ch. 299, § 7; R.S. 1923, 76-155; Repealed, L. 1965, ch. 477, § 1; June 30.

• 76-156:

        History:   L. 1923, ch. 37, § 3; R.S. 1923, 76-156; L. 1955, ch. 379, § 1; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-156a: Investing agents for state educational institutions. The Kansas university endowment association is hereby authorized to act as the investing agent for any endowment or bequest to the university of Kansas. The Kansas state university foundation is hereby authorized to act as the investing agent for any endowment or bequest to Kansas state university of agriculture and applied science or to Kansas state university--Salina, college of technology. The Wichita state university foundation is hereby authorized to act as the investing agent for any endowment or bequest to Wichita state university. The Fort Hays Kansas state university endowment association is hereby authorized to act as the investing agent for any endowment or bequest to Fort Hays state university. The Emporia state university foundation, inc., is hereby authorized to act as the investing agent for any endowment or bequest to Emporia state university. The Pittsburg state university foundation, inc., is hereby authorized to act as the investing agent for any endowment or bequest to Pittsburg state university.

        Any such investing agent may exercise such fiscal management and administrative powers as may be necessary or appropriate for the lawful and efficient management of any such endowment or bequest. Each investing agent is hereby authorized to execute any agreements or other legal papers appropriate to the accomplishment of the purposes of this act with respect to any such endowment or bequest.

        History:   L. 1969, ch. 413, § 1; L. 1976, ch. 405, § 1; L. 1977, ch. 237, § 12; L. 1980, ch. 295, § 1; L. 1988, ch. 297, § 16; L. 1989, ch. 281, § 1; L. 1991, ch. 272, § 15; L. 1992, ch. 16, § 1; L. 2001, ch. 2, § 2; July 1.

• 76-157: Readers for blind persons. Whenever a blind person has been an actual resident of the state for one year next preceding, and a student in actual attendance at a community junior college in the state or at a college, university, technical or professional school located in this state, and authorized by law to grant degrees, other than an institution established for the regular instruction of the blind, and such student shall be designated by the secretary of social and rehabilitation services as a fit person to receive and as one who ought to receive the aid hereinafter provided for, said secretary shall employ persons to read to such student from textbooks and pamphlets used by such students in his or her studies at such college, university, or school.

        History:   L. 1915, ch. 320, § 1; R.S. 1923, 76-157; L. 1933, ch. 303, § 1; L. 1941, ch. 362, § 1; L. 1945, ch. 337, § 1; L. 1949, ch. 456, § 1; L. 1955, ch. 380, § 1; L. 1977, ch. 237, § 13; April 21.

• 76-158: Same; duties of secretary of social and rehabilitation services; pay of readers. The secretary of social and rehabilitation services is hereby authorized and empowered to select such persons as are entitled to the benefits of this act in the several colleges, universities or schools. The secretary of social and rehabilitation services shall not furnish a reader to any blind person who is not regularly matriculated; who is not in good and regular standing; who is not working for a degree from the institution in which he or she is matriculated, and who is not doing the work regularly prescribed by the institution for the degree for which he or she is a candidate, and after making such selection the secretary of social and rehabilitation services is authorized to name and designate some suitable and capable person to read to such blind student from textbooks and pamphlets used by him or her in studies in such college, university, or school and to fix the pay to be received by such reader for such services.

        History:   L. 1915, ch. 320, § 2; R.S. 1923, 76-158; L. 1941, ch. 362, § 2; L. 1945, ch. 337, § 2; L. 1955, ch. 380, § 2; L. 1977, ch. 237, § 14; April 21.

• 76-158a to 76-158c:

        History:   L. 1953, ch. 410, §§ 1 to 3; Repealed, L. 1977, ch. 311, § 2; July 1.

• 76-158d:

        History:   L. 1961, ch. 401, § 1; Repealed, L. 1983, ch. 280, § 3; July 1.

• 76-159, 76-160:

        History:   L. 1921, ch. 33, §§ 1, 2; R.S. 1923, 76-159, 76-160; Repealed, L. 1970, ch. 371, § 19; March 18.

• 76-161:

        History:   L. 1921, ch. 33, § 4; R.S. 1923, 76-161; L. 1925, ch. 265, § 1; Repealed, L. 1988, ch. 361, § 1; July 1.

• 76-162: Dental treatment for inmates of certain state institutions. The state board of administration [*] is hereby authorized, empowered and directed to provide modern dental care and treatment for all persons confined in or who are patients of the state hospitals, charitable and penal institutions. The expense of furnishing such care and treatment shall be paid in the same manner as other maintenance expenses of persons confined in said hospitals.

        History:   L. 1929, ch. 276, § 1; March 18.

• 76-163:

        History:   L. 1935, ch. 294, § 1; L. 1967, ch. 434, § 63; L. 1968, ch. 314, § 1; Repealed, L. 1973, ch. 371, § 5; July 1.

• 76-164: Board of regents may lease lands for oil, gas or other minerals. The state board of regents is hereby authorized to lease any of the lands under its control, the title of which is vested in the state of Kansas, for the production of oil, gas or other minerals which the board may deem valuable for that purpose. All such leases shall be on such terms and conditions as the board of regents may prescribe: Provided, however, That such leases shall not be for a period of more than ten years, and so long as oil, gas or other minerals are produced in paying quantities thereon: And provided further, Such leases shall retain to the state a royalty interest of not less than one-eighth part of all the oil, gas or other minerals produced.

        History:   L. 1943, ch. 268, § 1; March 5.

• 76-165: Board of regents may lease lands for oil, gas or other minerals; notice; bids; execution of leases. Before entering into any such oil, gas or other mineral lease upon such land, the board of regents shall give not less than 30 days' public notice of its intention to lease said lands by a publication in the Kansas register. Leases shall be made only upon competitive bids and shall be awarded to the highest responsible bidder. The right to reject any and all bids for leases shall be reserved by the board of regents. All leases made under the provisions of this act shall be executed by the chairperson of the board of regents and attested by the secretary of the board.

        History:   L. 1943, ch. 268, § 2; L. 1981, ch. 324, § 27; Jan. 1, 1982.

• 76-166: Same; lessee liable in damages. The lessee, under any oil, gas or other mineral lease executed by the board, shall be liable in damages to any surface lessee and to the state for any and all injury, damage or loss which may be caused by any act or omission of the lessee to any property of the surface lessee or to any property of the state located upon or used in connection with said lands.

        History:   L. 1943, ch. 268, § 3; March 5.

• 76-167: Same; restriction. All such leases and the uses or occupancy thereunder shall not interfere materially with the purposes for which said lands were granted to the state of Kansas.

        History:   L. 1943, ch. 268, § 4; March 5.

• 76-168: Board of regents may lease lands for oil, gas or other minerals; disposition of proceeds. All proceeds of such leases 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 separate funds for the use and benefit of the proper state institutions entitled to such proceeds under rules and regulations adopted by the board of regents, approved by the attorney general, and filed with the secretary of state as provided by law.

        History:   L. 1943, ch. 268, § 5; L. 1988, ch. 366, § 27; L. 2001, ch. 5, § 413; July 1.

• 76-169: Sale of certain real estate in Johnson county; disposition of proceeds. L. 1953, ch. 372, § 1, included by reference. [The state board of regents authorized to sell certain real estate located in Johnson county and provision made for the disposition of proceeds from sale.]

        History:   L. 1953, ch. 372, § 1; April 2.

• 76-170: Charges for evaluation, care and treatment of outpatients in certain state institutions; rates; recovery of charges. All persons receiving service or treatment from the state hospitals, state hospitals and training centers and the Kansas neurological institute, but which persons are not admitted thereto as regular inpatients but who receive outpatient evaluation, care and treatment shall pay such charge for said outpatient evaluation, care or treatment at such rates and in such amounts as the secretary of social and rehabilitation services shall determine. The secretary of social and rehabilitation services is hereby authorized and empowered to fix any reasonable rate, not to exceed the actual cost, for which a charge may be made for the evaluation, care and treatment of persons or patients on an outpatient basis at said institutions. The secretary of social and rehabilitation services is hereby authorized to recover from the patient or from his or her estate or from the spouses of outpatients, or from parents whose minor children are outpatients or from any person bound by law to support such outpatient, the charges for the services provided by this act. Demand, where necessary, and payment for the evaluation, care and treatment of any outpatient shall be made at the rates to be fixed under this act, and shall be collected and recovered from the outpatient or from his or her estate or from any person bound by law to support such outpatient in like manner as provided by K.S.A. 59-2006, and any amendments thereto.

        History:   L. 1961, ch. 435, § 1; L. 1975, ch. 311, § 12; Oct. 1.

• 76-172: Funds of individuals in certain institutions; definitions. As used in this act unless the context otherwise requires, "institution" means:

        (a)   Any institution as defined by K.S.A. 2007 Supp. 38-2302, K.S.A. 75-5202 or 76-12a01, and amendments thereto;

        (b)   the Kansas state school for the blind;

        (c)   the Kansas state school for the deaf; and

        (d)   the Kansas veterans' home and the Kansas soldiers' home which are operated and administered by the commission on veterans affairs.

        History:   L. 1973, ch. 371, § 1; L. 1974, ch. 412, § 1; L. 1976, ch. 406, § 1; L. 1992, ch. 139, § 11; L. 1999, ch. 156, § 27; L. 2001, ch. 106, § 3; L. 2006, ch. 169, § 133; Jan. 1, 2007.

• 76-173: Same; designation of person in charge of trust funds; deposit in interest-bearing accounts. The chief administrative officer of each institution shall designate an officer or employee of the institution to be in charge of the trust funds to which this act applies. The person so designated shall have custody and charge of all moneys belonging to and held by the institution for the use and benefit of each individual who is a student, client, member, patient or inmate of the institution. The person so designated shall deposit such moneys in one or more interest-bearing accounts in a bank, savings and loan association or federally chartered savings bank which bank, association or savings bank is insured by the federal government or an agency thereof, or invested in a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto and is designated by the pooled money investment board. Such moneys shall constitute a patient trust fund, inmate trust fund or other trust fund as the case may be.

        History:   L. 1973, ch. 371, § 2; L. 1976, ch. 58, § 8; L. 1976, ch. 406, § 2; L. 1984, ch. 342, § 1; July 1.

• 76-174:

        History:   L. 1973, ch. 371, § 3; L. 1976, ch. 406, § 3; Repealed, L. 1984, ch. 342, § 3; July 1.

• 76-175: Same; authorized investments for trust funds; disposition of interest. (a) The person designated under K.S.A. 76-173 and amendments thereto may invest the moneys of each trust fund in one or more certificates of deposit at a bank, savings and loan association or federally chartered savings bank, which bank, association or savings bank is insured by the federal government or an agency thereof, or invest in shares in a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto and is designated by the pooled money investment board, except such money shall be subject to withdrawal within six months of date of placing on interest. The moneys so deposited shall continue to be a part of the trust fund from which the money originates.

        (b)   Interest earned on moneys invested under this section shall be regularly prorated according to procedures approved by the director of accounts and reports and credited to the individual patient, inmate or other account on the basis of the amount of money each patient, inmate or other person has in the trust fund.

        (c)   Notwithstanding the provision in this section for proration of interest to individual accounts, such interest may instead be allocated to the benefit fund of the institution under procedures specified by the director of accounts and reports if such an allocation is authorized under a letter of agreement to the secretary of social and rehabilitation services from the federal social security administrator and filed with the director of accounts and reports.

        History:   L. 1973, ch. 371, § 4; L. 1976, ch. 406, § 4; L. 1984, ch. 342, § 2; July 1.

• 76-175a: Same; director of accounts and reports; transfer of moneys; administration of act. The director of accounts and reports may order transfers of moneys from a local bank account to another account in accordance with this act. All prorations and allocations under this act and all forms and procedures shall accord with and be reported to and be subject to the approval of the director of accounts and reports.

        History:   L. 1976, ch. 406, § 5; July 1.

• 76-176: Sale and lease of certain real estate held for use and benefit of correctional institutions by secretary of administration, when. (a) The secretary of administration is hereby authorized to sell and convey or lease in the manner hereinafter provided the following real estate, or any part thereof, title to which is vested in the state of Kansas and which is held for the use and benefit of a correctional institution, as the same is defined by K.S.A. 75-5202 and amendments thereto, whenever the secretary of corrections shall find and determine that such real estate, or any part thereof, is no longer required for the use or benefit of such institution and the sale and conveyance or lease thereof is in the best interests of the state of Kansas.

        (b)   The secretary of administration is hereby authorized to sell and convey or lease the following described real estate, or any part thereof, held for the use and benefit of the Hutchinson correctional facility:

        All of the east one-half of section 19, township 23 south, range 5 west of the 6th P.M. in Reno county, Kansas.

        (c)   The secretary of administration is hereby authorized to lease real estate title to which is vested in the state of Kansas and which is held for the use and benefit of correctional institutions and which real estate is utilized for agricultural purposes for a period of not to exceed three years, except that the secretary may lease to the city of Lansing, Kansas, for a period of not to exceed five years, and such additional periods, not in excess of five years each, as the secretary determines appropriate, the following described property for use by such city as a public park: A tract of 93.63 acres, more or less, held for the use and benefit of the Lansing correctional facility and located in section 30, township 9, range 23 east of the 6th P.M. in Leavenworth county, Kansas. Such lease shall contain a provision reserving to the state of Kansas the right to the use of such property for use by the Lansing correctional facility.

        (d)   The secretary of administration is hereby authorized to lease to the city of Lansing, Kansas, for a period of not to exceed 99 years, the following described property for use by such city for the construction and operation of a wastewater treatment facility: A tract of 14.0 acres, more or less, held for the use and benefit of the Lansing correctional facility and located in section 19, township 9 south, range 23 east of the 6th P.M. in Leavenworth county, Kansas, plus necessary acreage for interceptor sewer lines, a more complete legal description of said tract to be contained in the lease agreement. Such lease shall contain a provision granting the city of Lansing all necessary easements for the construction and maintenance of interceptor sewer lines, and shall further provide for continuous use of such sewer system by the state of Kansas correctional institutions for the duration of and in accordance with the terms of the lease.

        (e)   The secretary of administration is hereby authorized to lease real estate, title to which is vested in the state of Kansas and which is held for the use and benefit of Kansas state penitentiary, to the Lansing historical society, inc. for the location and development of a railroad depot as a public museum. The specific site of the lease shall be subject to the approval of the secretary of corrections and shall be consistent with the current and future needs of the department of corrections.

        History:   L. 1974, ch. 367, § 1; L. 1976, ch. 407, § 1; L. 1980, ch. 296, § 1; L. 1990, ch. 333, § 1; May 31.

• 76-177: Same; appraisal of real estate before sale; notice of proposal to sell; negotiation; execution of deed; recitals; approval. Before any such sale of real estate shall be made, the secretary shall cause the real estate proposed to be sold to be appraised by three disinterested persons acquainted with real estate values in the county where such real estate is located. Such appraisal shall be in writing, signed by the appraisers under oath and filed with the secretary. The secretary shall have the right to accept or reject any appraisal. In the event an appraisal is rejected, the secretary may cause the real estate to again be appraised in the manner provided for the original appraisal. Thereafter, the secretary shall give notice of the proposal to sell such real estate by one publication in a newspaper authorized by law to publish legal notices and having general circulation in the county where such real estate is located. The secretary may negotiate the sale of such real estate with any responsible purchaser, except that in no case shall said real estate be sold for less than the appraised value thereof. Upon completion of an agreement for the sale of such property and payment by the purchaser of the purchase price thereof, a deed conveying such real estate shall be executed by the secretary and attested by the secretary of state. Such deed shall contain a recital of all proceedings in compliance with this act and shall be approved as to form by the attorney general. Said recital shall be prima facie evidence that said proceedings were had in the manner and form recited.

        History:   L. 1974, ch. 367, § 2; March 26.

• 76-178: Same; notice of proposal to lease; negotiation of lease; execution of agreement; approval of attorney general. The secretary shall give notice of the proposal to lease such real estate by one publication in a newspaper authorized by law to publish legal notices and having general circulation in the county where such real estate is located. The secretary may negotiate the lease of such real estate with any responsible lessee. Upon completion of an agreement for the lease of such property, a lease agreement shall be executed by the secretary. Such lease agreement shall contain a recital of all proceedings in compliance with this act and shall be approved as to form by the attorney general.

        History:   L. 1974, ch. 367, § 3; March 26.

• 76-179: Same; expenses of sale or lease; disposition of proceeds. All expenses incurred in the sale or lease of any property under the provisions of this act shall be paid out of the proceeds of the sale or lease agreement. Except as provided in K.S.A. 75-5282 and amendments thereto, the balance of such proceeds shall be credited by the state treasurer to the state general fund.

        History:   L. 1974, ch. 367, § 4; L. 1982, ch. 370, § 2; May 13.

• 76-180: Sale of interest in certain devised real estate by board of regents authorized; disposition of proceeds. The state board of regents is authorized and empowered to sell and convey its one-sixth interest in certain real property described as to parcel number 15-16, Estate Frenchman's Bay, No. 4 Frenchman's Bay Quarter, St. Thomas, Virgin Islands, deriving from the estate of Jerome E. Friedson, deceased. The proceeds of said sale and conveyance shall be administered in accordance with the last will and testament of Jerome E. Friedson. The sale and conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a.

        History:   L. 1978, ch. 315, § 1; April 13.

• 76-181: Conveyance of certain property by board of regents to Kansas university endowment association authorized. The state board of regents acting for the state of Kansas is hereby authorized to convey by deed, without consideration, back to the Kansas university endowment association all of the property located in Johnson county, Kansas, and described as follows:

        Lots 1 and 2 in Block 3, in Mission Woods, formerly a subdivision in Johnson county, Kansas, but now incorporated into the city of Mission Woods, less highway.

        History:   L. 1984, ch. 278, § 1; April 26.

• 76-182: Conveyance of title to real property in Leavenworth county by secretary of state to American Heart Association, Kansas Affiliate, Inc. (a) The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, to the American Heart Association, Kansas Affiliate, Inc., any title of the state of Kansas in the following described land located in Leavenworth county: All that part of Stiger's Island in the Missouri River which lies North of a line extended due East from the Northeast Corner of the Delaware Townsite in Leavenworth County, Kansas; the same being a part of the accretions to Lot One (1), in Section 8, Township 9 South, Range 23 East of the Sixth Principal Meridian; Lots 4, 5, and 6, and accretions thereto, in Section 17, Township 9 South, Range 23 East of the Sixth Principal Meridian; and lots 1, 2, and 3, and accretions thereto, in Section 16, Township 9 South, Range 23 East of the Sixth Principal Meridian; A tract of land lying partly in the East One-Half (E1/2) of Section 7, Township 9 South, Range 23 East and partly in the West One-Half (W1/2) of Section 8, Township 9 South, Range 23 East of the Sixth Principal Meridian, more fully described as follows: Beginning at the intersection of the East Right-of-way Line of the Missouri Pacific Railroad and the South Line of Section 7, Township 9 South, Range 23 East, said point being South 89°51'27" East a distance of 2540.58 feet from the South Quarter (S1/4) Corner of said Section 7; thence South 89°51'27" East a distance of 365.75 feet; thence North 03°57'33" East a distance of 721.50 feet; thence North 15°21'43" East a distance of 1072.60 feet; thence North 46°08'48" East a distance of 368.00 feet to a point 6 feet Westerly from the West bank of the Missouri River; thence North 61°10'12" West, along bank of river, a distance of 580.54 feet; thence North 56°01'52" West, along bank of river, a distance of 1165.19 feet; thence North 48°11'57" West, along bank of river, a distance of 1123.15 feet; thence North 42°52'12" West, along bank of river, a distance of 548.67 feet; thence North 48°17'12" West, along bank of river, a distance of 205.35 feet; thence North 45°02'31" West, along bank of river, a distance of 183.82 feet to a point, which is the intersection of the East Right-of-way Line of the Missouri Pacific Railroad and the West bank of the Missouri River; thence Southeasterly along the East Right-of-way Line of the Missouri Pacific Railroad and parallel to the Center Line, a distance of 4825.40 feet, more or less, to the place of beginning; and all that part of the Southwest Fractional Quarter (SW Fr.1/4) West of the Missouri River of Section 17, Township 9 South, Range 23 East of the Sixth Principal Meridian, also designated as Lot 1 and Lot 2; and the accretions to the above described Government lots lying in Sections 8, 16, 17, 20, 21 and 22, Township 9 South, Range 23 East of the Sixth Principal Meridian; less R.R. Right-of-way, and less the following described tracts of land in the Southwest Quarter (SW1/4) of Section Seventeen (17), Township Nine (9) South, Range Twenty-Three (23) East, more fully described as follows: Beginning at a point 28.27 feet South 89°44'16" East from the Southwest Corner of said Southwest Quarter (SW1/4); thence North 00°50'51" East a distance of 606.50 feet along the Easterly right-of-way of Highway K-5 to a point that intersects the Southerly right-of-way of the Union Pacific Railroad; thence in a Northeasterly direction 718.27 feet along said right-of-way to the Center Line of existing creek; thence North 56°05'11" East a distance of 474.21 feet along the creek line; thence South 69°27'03" East a distance of 195.21 feet along creek line to the Westerly right-of-way of the Missouri Pacific Railroad; thence South 19°50'50" East a distance of 1450.99 feet along said right-of-way to the South Line of said Southwest Quarter (SW1/4); thence North 89°44'16" West a distance of 1536 feet along South Line to the Point of Beginning, containing 34.54 Acres, more or less; and less, a tract of land in the Southwest Quarter (SW1/4) of Section 17, Township 9 South, Range 23 East of the Sixth Principal Meridian, more fully described as follows: Commencing at the Southwest Corner of said Section 17; thence North 00°45'24" East, along the West Line of said Southwest Quarter (SW1/4) a distance of 606.50 feet to the Point of beginning; thence North 00°45'24" East along the West Line of said Southwest Quarter (SW1/4) a distance of 2075.01 feet to the Northwest Corner of said Southwest Quarter (SW1/4); thence South 89°39'38" East, along the North Line of said Southwest Quarter (SW1/4) a distance of 588.21 feet to a point on the Westerly Right-of-way Line of the Union Pacific Railroad; thence South 19°05'15" East, along said Westerly Right-of-way Line a distance of 1370.00 feet; thence North 69°27'03" West a distance of 195.12 feet; thence South 56°05'11" West a distance of 474.21 feet; thence South 38°16'33" East a distance of 739.35 feet to the Northwesterly Corner of the tract as described in Book 525, at Page 299; thence South 89°43'58" West a distance of 29.40 feet to the Point of Beginning, containing 30.40 Acres, more or less, less that part used for public roads; and less, block One (1) Rodenhaus Subdivision of a part of the East One-half (E1/2) of the Southeast Quarter (SE 1/4) of Section 18, Township 9 South, Range 23 East of the Sixth Principal Meridian, being all that part of "Stiger's (Delaware) Island" lying North of the North line of property owned by the Kansas State Penitentiary as established by surveys dated 1925 and 1965 and all that part of said "Stiger's (Delaware) Island" lying East of the Missouri Pacific Railroad right of way in the Southwest 1/4 of Section 17, Township 9 South, Range 23 East and East of the Missouri Pacific Railroad right of way in the East 1/2 of Section 7, Township 9 South, Range 23 East and East of property owned by Mt. Muncie Cemetery and being East of the Missouri Pacific Railroad right of way in the Northwest 1/4 of Section 17, Township 9, Range 23, the East line of said Mt. Muncie Cemetery being more fully defined in Book 525, Page 291, and intending to describe all of the farm lands situated in Township 9 South, Range 23 East owned by the American Heart Association, Kansas Affiliate, Inc.

        (b)   Nothing in this section shall authorize conveyance of title to any real property other than property which the state has acquired only by reason of ownership of the abandoned channel of the Missouri river.

        History:   L. 1990, ch. 333, § 2; May 31.

• 76-183: Exchange, lease and exchange of property and property rights under agreement between secretary of corrections and Cargill Incorporated; approval of state finance council. (a) The secretary of corrections, for and on behalf of the state of Kansas, is hereby authorized to exchange and grant easements and to lease mineral rights in and on the boundaries of certain real property described in subsection (b) to Cargill Incorporated in consideration for which Cargill Incorporated is hereby authorized to exchange and convey (while retaining certain mineral rights and the rights to use brine wells for brine disposal) certain real property and improvements thereon described in subsection (c) to the state of Kansas. The parties to such exchanges, conveyances, leases and grants may negotiate and grant or convey easements, mineral leases or other rights in real property as provided under this section. The exchange and conveyance of easements, mineral and other rights in real property and improvements thereon by the secretary of corrections under this section shall be executed in the name of the state of Kansas and shall be delivered upon receipt of a good and sufficient warranty deed with certain rights retained from Cargill Incorporated to the real property described in subsection (c). Before lease, exchange and conveyance of such property and property rights is entered into under this section, an agreement shall be reached by the parties concerning the following: The time that possession is to be given to the other party, the extent, nature and locations of easements to be granted or retained as a part of the agreement, whether mineral rights or other rights are to be retained by either party, the terms of any mineral lease to be granted and conveyed and other special conditions or particular matters, if any. Such agreements shall be made in writing. The exchange and conveyance of real property and improvements thereon and the granting and conveying of easements, mineral leases and the retention of mineral rights and any other agreements authorized under this section shall be made only upon approval of the state finance council, acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto. Upon approval of the state finance council and before such real property and improvements thereon, easements, leases and mineral rights retained and other rights affected are exchanged and conveyed, the attorney general shall approve the contractual instruments and other instruments of agreement and conveyance of the secretary of corrections, to Cargill Incorporated, and the instruments of conveyance and retention of rights of Cargill Incorporated to the secretary of corrections and shall approve the title to the real property and improvements thereon exchanged and conveyed by Cargill Incorporated. Such contractual instruments and other instruments of agreement shall include a provision whereby Cargill Incorporated agrees to defend and save harmless the secretary of corrections and the state of Kansas from any and all liability which may at any time arise from damage to property or the environment arising from any accident or other cause whatsoever in relation to the properties described in subsection (b) or (c), and the provisions described in this sentence shall likewise be subject to approval of the attorney general.

        (b)   In accordance with the provisions of this section, the secretary of corrections is hereby authorized to exchange and grant easements for two brine lines and one gas line along boundaries of and upon state-owned property located west of K-61 highway, east of Severance, south of avenue "G" and north of Blanchard; and to grant and convey the mineral rights and easements to drill and operate equipment on the following described property together with the right to drill a hole from state-owned property to property owned by Cargill Incorporated. The following is the state-owned property subject to such granting and conveying of mineral rights, easements and other rights: A tract beginning at the northeast corner of the northwest quarter of section 19, township 23 south, range 5 west of 6th P.M., in Reno county, Kansas; thence west 500 feet along the north line of said quarter; thence south parallel to the east line of said quarter 1,000 feet; thence east parallel with the north line of said quarter 500 feet to the east line of said quarter; thence north along the east line to the point of beginning, containing 9 acres, more or less.

        (c)   In accordance with the provisions of this section, the secretary of corrections is hereby authorized to accept title on behalf of the state of Kansas to the following described real property conveyed (with mineral rights and other rights being retained) at the time agreed upon to the state of Kansas by Cargill Incorporated: A tract of land located in the southwest quarter of section 19, township 23 south, range 5 west of the 6th P.M., in Reno county, Kansas, more particularly described as follows: Commencing at the center quarter corner of said section 19; thence along the east line of the southwest quarter of said section 19 S. 0°16'48" E. 265.00 feet to the point of beginning; thence S. 89°43'12" W. 700.00 feet; thence S. 41°31'49" W. 75.00 feet; thence parallel to and 750.00 feet perpendicular from the east line of the southwest quarter of said section 19 S. 0°16'48" E. 1433.20 feet; thence S. 42°05'24" E. 75.00 feet; thence N. 89°43'12" E. 700.00 feet to a point on the east line of the southwest quarter of said section 19, said point being 818.96 feet N. 0°16'48" W. of the south quarter corner of said section 19; thence along the east line of the southwest quarter of said section 19 N. 0°16'48" W. 1545.00 feet to the point of beginning, containing 26.54 acres (1.77 acres existing road right-of-way).

        (d)   The exchange, lease and conveyance of real property and improvements thereon, the easements and mineral rights authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a and amendments thereto.

        History:   L. 1990, ch. 333, § 3; May 31.

• 76-184: Conveyance of land in Shawnee county by secretary of corrections to city of Topeka; use of land specified; approval of deed by attorney general; reverter. (a) The secretary of corrections shall convey to the city of Topeka, Kansas, the following described state property located in the city of Topeka, Shawnee county, Kansas, described as follows:

        A tract of land located in the Northwest Quarter of Section 3, Township 12 South, Range 16 East of the 6th P.M., more particularly described as follows:   Beginning at a point that is 40 feet South of and 30 feet West of the Northeast corner of said Northwest Quarter Section; thence South 230 feet along the West right-of-way line of Rice Road; thence West at right angles, 230 feet; thence North 230 feet to the South right-of-way line of East Sixth Avenue; thence East 230 feet to the point of beginning. The above described tract contains 1.21 acres, more or less and is subject to all restrictions, reservations, easements, and covenants of record, if any.

        (b)   Such land shall be used for construction and operation of a fire station operated by the city of Topeka, Kansas.

        (c)   The deed conveying the above-described land shall be approved by the attorney general and shall be executed by the secretary of corrections. Such deed shall provide that in the event the above-described land shall cease to be used by the city of Topeka, Kansas for the purposes prescribed by subsection (b), then all right, title and interest in such land shall revert to the state of Kansas.

        History:   L. 1990, ch. 333, § 4; May 31.

• 76-185:

        History:   L. 1990, ch. 333, § 5; Repealed, L. 1999, ch. 142, § 6; May 20.

• 76-186: Conveyance of Kansas City office building property by secretary of labor; authorization; approval of deed by attorney general. (a) The secretary of labor is authorized to sell and convey on behalf of the state of Kansas the following described real estate, and improvements thereon, otherwise known as the department of labor Kansas City office building property: Lots 28, 29 and 30 in block 110 in Wyandotte City, now in and a part of Kansas City, Kansas, according to the recorded plat thereof, on state avenue in Kansas City, Wyandotte county, Kansas; and lots 31, 32, 33, 34, 35 and 36 in block 110, on state avenue, Wyandotte City, an addition to Kansas City, Wyandotte county, Kansas.

        (b)   The deed conveying the real estate, and improvements thereon, described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of labor.

        History:   L. 1993, ch. 236, § 4; L. 2004, ch. 179, § 141; July 1.

• 76-187: Conveyance of land in Miami county by secretary of social and rehabilitation services to Miami county interlocal agency; authorization; procedure; use restriction; reverter. (a) The secretary of social and rehabilitation services is authorized to convey, without consideration, to the Miami county interlocal agency the following described state property located in Miami county, Kansas, containing 36 acres more or less:

        (1)   A tract of land in the East Half of the Southwest Quarter of Section 1, Township 18 South, Range 22 East of the 6th P.M., described as follows: BEGINNING at the Southeast corner of said Quarter Section; First Course, thence South 89 degrees 28 minutes West along the South line of said Quarter Section to the Easterly right of way line of the present highway; SECOND COURSE, thence North 17 degrees 52 minutes East, 576.7 feet along said right of way line; THIRD COURSE, thence on a curve of 4,183.22 feet radius to the right, along said right of way line, an arc distance of 473.3 feet with a chord which bears North 21 degrees 07 minutes East, 473.1 feet; FOURTH COURSE, thence North 32 degrees 20 minutes East, 285.3 feet along said right of way line; FIFTH COURSE, thence North 44 degrees 55 minutes East, 556.1 feet along said right of way line; SIXTH COURSE, thence South 58 degrees 17 minutes East to a point on the East line, 1,074.1 feet South of the Northeast corner of said Quarter Section; Seventh Course, thence South 02 degrees 18 minutes East along said East line to the place of beginning. The above contains 24.10 acres, more or less. Excepting and reserving unto the State of Kansas any and all rights of ingress to or egress from the land herein conveyed over and across the following courses: ALL of said 'SECOND', 'THIRD', 'FOURTH', 'FIFTH' and 'SIXTH' courses; and

        (2)   A tract of land in the South Half of the Southeast Quarter and the South Half of the North Half of the Southeast Quarter of Section 1, Township 18 South, Range 22 East of the 6th P.M., described as follows: BEGINNING at the Southwest corner of said Quarter Section; First Course, thence North 02 degrees 18 minutes West along the West line of said Quarter Section to the Southerly right of way line of the present highway; SECOND COURSE, thence South 58 degrees 17 minutes East, 180.2 feet along said right of way line; THIRD COURSE, thence on a curve of 1,050.91 feet radius to the right, along said right of way line, an arc distance of 747.1 feet with a chord which bears South 32 degrees 04 minutes East, 731.5 feet; FOURTH COURSE, thence South 11 degrees 42 minutes East, 204.7 feet along said right of way line; FIFTH COURSE, thence on a curve of 913.51 feet radius to the left, along said right of way line, an arc distance of 732.2 feet with a chord which bears South 34 degrees 40 minutes East, 712.8 feet; SIXTH COURSE, thence South 20 degrees 14 minutes East, 36.0 feet along said right of way line; SEVENTH COURSE, thence South 01 degree 24 minutes East to a point on the South line, 936.9 feet East of said Southwest corner; Eighth Course, thence South 88 degrees 36 minutes West, 936.9 feet along said South line to the place of beginning. The above contains 18.66 acres, more or less. Excepting and reserving unto the State of Kansas any and all rights of ingress to or egress from the land herein conveyed over and across the following course: BEGINNING at the beginning of said 'SECOND' course and extending South 58 degrees 17 minutes East, 105.6 feet.

        (b)   The secretary of social and rehabilitation services may convey the real estate described in subsection (a) without the necessity of appraisal, bid or publication. The conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a and amendments thereto. The deed conveying the real property described in subsection (a) shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services.

        (c)   The deed conveying the real estate described in subsection (a) shall provide that in the event that construction of a new medical care facility to replace the Miami county hospital has not commenced on the real estate described in subsection (a) within 12 months from the date the deed is executed by the secretary of social and rehabilitation services, the title to the real estate described in subsection (a) shall revert to the state of Kansas.

        History:   L. 1993, ch. 236, § 5; April 29.