58-3502. Displacement of persons pursuant to programs involving federal government; powers of state and local governments; relocation payments.

58-3502

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 35.--RELOCATION ASSISTANCE FOR PERSONS DISPLACED BY ACQUISITION OF REAL PROPERTY

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

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

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

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

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

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

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

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

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