68-423a. Advance acquisition of real property or rights for future construction on state highway system; disposal of property acquired; appraisal; sale; public auction, when; advertisements; new appra
68-423a
68-423a. Advance acquisition of real property or rights for futureconstruction on state highway system; disposal of property acquired;appraisal; sale; public auction, when; advertisements; new appraisement andreadvertisement; conveyance; record; disposition of moneys.(a) It is hereby declared to be public policy of this state to provide forthe acquisition of real property necessary for the construction,improvement, reconstruction, maintenance or drainage of the state highwaysystem, in advance of actual construction, for the purpose of eliminatingcostly details in construction, reducing hardship to owners of suchproperty, and eliminating economic waste occasioned by the improvement ofsuch property immediately prior to its acquisition for highway uses. Thelegislature therefore finds and declares that purchase and condemnation ofreal property necessary for the construction, reconstruction, improvement,maintenance or drainage of the state highway system, reasonably in advanceof programmed construction, is for a public use and purpose and for apublic highway purpose.
(b) Whenever the secretary of transportationdetermines that any realestate so purchased should be disposed of by sale, the secretary shall havethe real estate appraised by three disinterested persons. Thesecretary shall give the landowner from whom the real estate was acquired,or the landowner's successors in title, an opportunityto purchase the realestate at the appraised value. If the landowner does not elect within areasonable time to purchase the real estate at the appraised value, thesecretary, in the name of the state of Kansas, is authorized to sell theinterest of the state in the real estate to the highest bidder at publicauction. Such sale at auction shall be preceded by an advertisement of thesale in the Kansas register once each week for at leastthree consecutive weeksprior to the date set for such sale. In no case shall such real estate besold at public auction for less than 2/3 of its appraisedvalue, except that, if no sale has been effected after an effort to sell atpublic auction under this section, the secretary of transportation may setaside the appraisement and order a new appraisement and readvertise thereal estate for sale at public auction. If such new appraisement does notexceed $1,000, the secretary may readvertise andsell the real estate to the highest bidder. Conveyances of such real estateshall be by deed executed by the secretary.
(c) The secretary of transportation shall keep a record of all suchconveyances. All moneys derived from such sales shall be remitted to thestate treasurer in accordance with the provisions of K.S.A.75-4215, andamendments thereto. Upon receipt of each such remittance, the statetreasurer shall deposit the entire amount in thestatetreasury to the credit of the state highway fund.
History: L. 1963, ch. 333, § 1; L. 1975, ch. 427, §108; L. 1983, ch. 274, § 5;L. 2001, ch. 5, § 279; July 1.