66-525. Railroad right-of-way; abandonment, when; requirements; release; notice; exception.
66-525
66-525. Railroad right-of-way; abandonment, when;requirements; release; notice; exception.(a) For purposes of this section, a railroad right-of-wayshall be considered abandoned when:
(1) The tracks, ties, and other componentsnecessary for operation of the rail line are removed from the right-of-wayfollowing the issuance of an abandonment order by the appropriate federalor state authority;
(2) if, within two years after the exercise of such anorder, removal of such components is not completed and railroad operatingauthority is not restored or reissued by an appropriate court or otherfederal or state authority; or
(3) if no rail line is placed on theright-of-way within 10 years after the right-of-way is acquired. Arailroad right-of-way shall not be considered abandoned iftherailroad company or any other entity continuesto use the right-of-way for railroad purposes after abandonmentauthority has been issued.
(b) If the grantee or assignee of record of a recorded railroadright-of-way abandons such right-of-way, such grantee or assignee shall:
(1) Remove crossbucks and modify signal devices orinstall "exempt" signs at all locations within 90 days of abandonment;and
(2) file a release of all right, title and interest in theright-of-way with the register of deeds of the counties in which the propertyis located, within 180 days after being requested by any owner of propertyservient to the right-of-way.
(c) If a grantee or assignee of record of a railroad right-of-wayrefuses or neglects to file a release when required by subsection (b), theowner of the servient property may bring an action in a court of competentjurisdiction to recover from the grantee or assignee of record damages inthe amount of $500, together with costs and reasonable attorney fees forpreparing and prosecuting the action. The owner may recover such additionaldamages as the evidence warrants, and may obtain injunctive relief to quietthe title and eject any unauthorized parties from the property.
(d) A grantee or assignee of railroad right-of-way, at any time, mayfile a general release of all right, title and interest in the right-of-wayof one or more particular rail lines or portions thereof with the registerof deeds of the county or counties in which such property is located. Ifsuch action has been taken, the grantee or assignee shall be relieved ofany further obligation under this section to file individual releases ofany right-of-way included in such a general release.
(e) Within 30 days after entering abandoned railroad right-of-wayproperty upon the tax rolls pursuant to K.S.A. 79-401 et seq., andamendments thereto, the county clerk of each county in which such propertyis so entered shall forward to the most recent railroad company holder ofsuch property for right-of-way purposes, a certified list of the names andaddresses of all property owners so entered upon the tax rolls followingabandonment.
Within 30 days after receipt of such certified list by the railroadcompany, it shall send a notice of abandonment by first-class mailto each landowner at the address provided. The grantee or assignee ofrecord of a recorded railroad right-of-way who abandons such right-of-wayand provides the notice of such abandonment required by this subsectionshall incur no civil or criminal liability for failure to notify any personwho claims, or may claim, ownership of property servient to the abandonedright-of-way, nor shall such grantee or assignee incur any civil orcriminal liability for notifying any person who has no legal claim toownership of property servient to the abandoned right-of-way. The noticerequired by this subsection shall not create any legal right, be construedas a warranty or guarantee, nor shall such notice impair orcloud any lawful claim, right, title or interest of any person.
(f) Except where a railroad company conveys its right, title and interestin and to railroad right-of-way which it owns in fee simple, any conveyancebya railroad company of any actual or purportedright, title or interest in property acquired in strips forright-of-way to any party other than the owner of theservient estate shall be null and void, unless such conveyance is made witha manifestation of intent that the railroad company's successor shallmaintain railroad operations on such right-of-way.
(g) As used in this section, "railroad company" has the meaningof such term as defined inK.S.A. 2009 Supp.66-2,123, andamendments thereto.
History: L. 1986, ch. 247, § 1;L. 1987, ch. 258, § 1;L. 1993, ch. 105, § 1;L. 2005, ch. 21, § 9;L. 2006, ch. 108, § 3; July 1.