Session Law

Identifying Information:L. 2001 ch. 153
Other Identifying Information:2001 House Bill 2406
Tax Type:Other
Brief Description:An Act concerning real estate; relating to surplus real estate owned by state agencies; relating to the review of plats; amending K.S.A. 68-404 and 75-3516 and K.S.A. 2000 Supp. 58-2005 and 75-6609 and repealing the existing sections.
Keywords:


Body:

CHAPTER 153

HOUSE BILL No. 2406


An Act concerning real estate; relating to surplus real estate owned by state agencies;

relating to the review of plats; amending K.S.A. 68-404 and 75-3516 and K.S.A. 2000

Supp. 58-2005 and 75-6609 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 58-2005 is hereby amended to read as

follows: 58-2005. Before a subdivision plat or plat of survey may be re-

corded, it shall be reviewed by the county surveyor. In the absence of the

county surveyor, the county engineer may contract with a land surveyor

who shall review such subdivision plat or plat of survey and certify the

same if in compliance with the requirements of this act. If the county

does not have a designated county surveyor, the county engineer shall

review the plat if the county engineer also is a registered land surveyor.

In the absence of both a county surveyor and a county engineer who is a

registered land surveyor the plat shall be reviewed by a registered land

surveyor designated by the county. All cost for plat review and approval

shall be charged back to the applicant for plat approval. The county shall

be responsible for the enforcement of this act. The county surveyor or

county engineer shall certify that such plat meets all the requirements of

this act. If any such plat is required to be submitted to any planning

commission for review and approval or disapproval, such review and

approval duly certified upon the face of such plat shall not constitute full

compliance with the review required in this section unless reviewed by

the county surveyor or county engineer.

Sec. 2. K.S.A. 68-404 is hereby amended to read as follows: 68-404.

The secretary of transportation shall have the following powers, duties,

authority and jurisdiction:

(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 secre-

tary shall not extend to township roads, except that any township road for

which federal aid is granted shall be under the supervision of the secre-

tary;

(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 ad-

vise 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 dif-

ferent 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 con-

struction when so requested, and the secretary shall report any violations

of the law to the attorney general who shall take such steps as are nec-

essary regarding such violations;

(g) to enter upon any property to make surveys, examinations, inves-

tigations, 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) perform-

ing 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, inves-

tigations 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 prem-

ises 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, sup-

plies, equipment, and machinery used for state highway purposes or high-

way projects involving federal funds, and to develop methods and pro-

cedures 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 sec-

retary 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 trans-

portation; and

(l) to adopt rules and regulations relating to debarment and suspen-

sion of contractors for cause.; and

(m) to prepare a report and make a presentation to the legislature as

required by section 3 and amendments thereto.

Sec. 3. K.S.A. 75-3516 is hereby amended to read as follows: 75-

3516. (a) Each state agency shall have the legal custody of all deeds to

real estate held or acquired by such state agency for and in the name of

the state of Kansas, together with the abstracts of title thereto and the

title insurance policies therefor, and of all other original instruments re-

lating to real estate transactions of such state agency. It shall be the duty

of Each state agency to shall keep, preserve and file all such deeds, ab-

stracts of title, title insurance policies and other instruments, and all such

instruments in the custody of the secretary of state on the effective date

of this act shall be and are hereby transferred to the custody of the re-

spective state agencies.

(b) It shall be the duty of Each state agency to shall record or cause

to be recorded all deeds to real estate acquired by it the state agency with

the register of deeds of the county where the real estate is located and

any other instruments relating to its the agency's real estate transactions

provided by law to be recorded.

(c) The director of accounts and reports shall maintain inventory re-

cords of the real property owned by the state, which records shall reflect

all real property held and every real estate transaction engaged in by each

state agency except the secretary of transportation. Such inventory re-

cords shall include, but not be limited to, the acreage, the location by city

and county, a brief legal description and the use and purpose of each lot,

tract or parcel of land held by a state agency.

(d) (1) The secretary of transportation shall deliver to the secretary

of the senate and the chief clerk of the house of representatives on or

before January 30, 2002, and January 30th of each year thereafter, a

written report concerning the department of transportation's system of

inventory of records pertaining to all real property owned by the depart-

ment of transportation and all real estate transactions engaged in by the

department of transportation. Each report shall describe the current

status of the inventory system and the steps taken during the past year to

improve such inventory system and comply with the requirements of this

section. The secretary of transportation shall notify each member of the

legislature of the availability of copies of the report.

(2) On or before January 30, 2002, and January 30th of each year

thereafter, the secretary of transportation shall make a presentation to

the joint committee on state building construction on the report described

in paragraph (1).

Sec. 4. K.S.A. 2000 Supp. 75-6609 is hereby amended to read as

follows: 75-6609. (a) When used in this section, ``surplus real estate''

means real estate which is no longer needed by the state agency which

owns such real estate as determined in accordance with this section.

(b) (1) The secretary of administration shall develop criteria for the

identification of surplus real estate, including but not limited to, a review

of any legal restrictions associated with the real estate and the reasons for

the state agency to keep the real estate. In accordance with such criteria,

the secretary shall assist state agencies in the identification of surplus real

estate. The secretary of administration shall periodically review the status

of all real estate of state agencies subject to this section to determine if

any of the real estate owned by state agencies is potentially surplus real

estate. If any real estate owned by a state agency is determined by the

secretary of administration, in consultation with the head of the state

agency, to be surplus real estate in accordance with the criteria developed

under subsection (a), then the secretary of administration shall recom-

mend to the governor that such real estate be sold under the procedures

prescribed by this section.

(2) The secretary of administration shall develop guidelines for the

sale of surplus real estate. In accordance with such guidelines and upon

the written consent of approval of the governor, after consultation with

the head of the state agency which owns such surplus real estate, after

consultation with the joint committee on state building construction and

after approval by the state finance council under subsection (c), the sec-

retary may offer such property for sale by one of the following means: (1)

(A) Public auction; (2) (B) by listing the surplus property with a licensed

real estate broker or salesperson; or (3) (C) by sealed bid. Subject to the

approval of the state finance council as required by subsection (c), the

secretary of administration may sell surplus real estate and any improve-

ments thereon on behalf of the state agency which owns such property.

(c) Prior to the sale of any surplus real estate under subsection (b),

the state finance council shall approve the sale, which is hereby charac-

terized as a matter of legislative delegation and subject to the guidelines

prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto.

The matter may be submitted to the state finance council for approval at

any time, including periods of time during which the legislature is in

session.

(d) Prior to offering any real estate for sale, such property shall be

appraised pursuant to K.S.A. 75-3043a, and amendments thereto, unless

the appraisal is waived as provided in this subsection. The secretary of

administration may waive the requirement for appraisal for any parcel

of surplus real estate that is to be sold at public auction under this section

if the secretary of administration determines that it is in the best interests

of the state to waive the requirement for appraisal for such parcel of

surplus real estate. The costs of any such appraisal may be paid from the

proceeds of the sale.

(e) Conveyance of title in surplus real estate offered for sale by the

secretary of administration shall be executed on behalf of the state agency

by the secretary of administration. The deed for the conveyance may be

by warranty deed or by quitclaim deed as determined to be in the best

interests of the state by the secretary of administration in consultation

with the head of the state agency which owns the surplus real estate.

(f)(1) Any proceeds from the sale of surplus real estate and any im-

provements thereon, after deduction of the expenses of such sale and the

any cost of the appraisal of the surplus real estate, shall be deposited in

the state treasury and credited to the state general fund as prescribed by

this subsection, unless otherwise authorized by law. On and after the

effective date of this act, a portion of the proceeds from each such sale

deposited in the state treasury shall be determined and designated by the

state finance council acting on this matter which is hereby characterized

as a matter of legislative delegation and subject to the guidelines pre-

scribed in subsection (c) of K.S.A. 75-3711c and amendments thereto and

acting on this matter in conjunction with approval of such sale under

subsection (c), to be credited to the surplus real estate fund or another

appropriate special revenue fund of the state agency which owned the

surplus real estate, as is prescribed by law or as may be determined by

the state agency, except that such portion shall not exceed the amount

equal to 50% of such proceeds unless otherwise required by state or fed-

eral law or by the limitations or restrictions of the state's title to the real

estate being sold. In the case of proceeds from the sale of surplus real

estate at a state mental health institution or a state mental retardation

institution, such portion of the proceeds shall be credited to the client

benefit fund of such institution or to another special revenue fund of such

institution for (A) rehabilitation and repair or other capital improvements

for such institution, or (B) one-time expenditures for community mental

health organizations if the real estate sold was at a state mental health

institution or for community developmental disabilities organizations if

the real estate sold was at a state mental retardation institution, and, in

any such case, shall be expended in accordance with the provisions of

appropriation acts. After crediting the amount designated by the state

finance council, the remainder of the proceeds from each such sale de-

posited in the state treasury shall be credited to the state general fund.

(2) The amount of expenses and the cost of appraisal for each sale of

surplus real estate pursuant to this section shall be transferred and cred-

ited to the property contingency fund created under K.S.A. 75-3652, and

amendments thereto, and may be expended for any operations of the

department of administration.

(3) Any state agency owning real estate may apply to the director of

accounts and reports to establish a surplus real estate special revenue fund

in the state treasury. Subject to the provisions of appropriation acts, mon-

eys in a surplus real estate special revenue fund may be expended for the

operating expenditures of the state agency.

(g) Any sale of property by the secretary of transportation pursuant

to K.S.A. 68-413, and amendments thereto, shall not be subject to the

provisions of this section.

New Sec. 5. If a mental health institution or mental retardation in-

stitution is closed and all or part of the real estate of such institution is

sold, the proceeds from the sale of such real estate, after deduction of

the costs of the sale and any costs of appraisal of such surplus real estate,

shall be deposited in the state treasury to the credit of a new or existing

special revenue fund. All expenditures of such moneys in any such special

revenue fund shall be in accordance with the provisions of appropriation

acts and shall be used (a) for capital improvement or operating expend-

itures for another state institution providing either mental health services

or mental retardation services, whichever were provided by the closed

institution or (b) to provide either mental health services or mental re-

tardation services, whichever was provided by the closed institution,

through community organizations in communities.

Sec. 6. K.S.A. 68-404 and 75-3516 and K.S.A. 2000 Supp. 58-2005

and 75-6609 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 7, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001