Session of 2000
SENATE BILL No. 572
By Committee on Agriculture
9 AN ACT enacting the land stewardship by management and control of
10 noxious weeds act; amending K.S.A. 2-1321 and 19-211 and K.S.A.
11 1999 Supp. 2-1318, 2-1319, 2-1320, 2-1322, 2-1323 and 58-3212 and
12 repealing the existing sections; also repealing K.S.A. 2-1315, 2-1316a,
13 2-1317, 2-1324, 2-1325, 2-1326, 2-1327, 2-1328, 2-1329, 2-1330 and
14 2-1333 and K.S.A. 1998 Supp. 2-1314, as amended by section 3 of
15 chapter 85 of the 1998 session laws of Kansas and 2-1314b, as amended
16 by section 5 of chapter 85 of the 1998 session laws of Kansas, and
17 K.S.A. 1999 Supp. 2-1316, 2-1331 and 2-1332.
19 Be it enacted by the Legislature of the State of Kansas:
20 New Section 1. This act shall be known and may be cited as the land
21 stewardship by management and control of noxious weeds act.
22 New Sec. 2. As used in this act:
23 (a) "Association of persons" means any organization, corporation or
24 other entity that has legal responsibility for the ownership, management,
25 control or supervision of land.
26 (b) "Competent in weed control and management" means the indi-
27 vidual meets the requirements set forth in rules and regulations of the
29 (c) "Containment category" is the category of noxious weeds growing
30 on less than 100 acres in a county and having the potential to be contained
31 and possibly eradicated in that county.
32 (d) "Control" means preventing the production of viable seed and
33 destroying the plants ability to reproduce by vegetative means both in
34 conformity with the official control plan for that particular noxious weed.
35 (e) "Governmental unit" means a political subdivision or those su-
36 pervising state-owned land.
37 (f) "High risk category" is the category of noxious weeds not identi-
38 fied as growing in Kansas at the time they are declared by the secretary
39 to be noxious but that pose a threat to Kansas requiring immediate control
40 if the noxious weeds were found to be growing in Kansas.
41 (g) "Management" means the planning and implementation of a co-
42 ordinated program for the containment, suppression and, where possible,
43 eradication of noxious weeds.
1 (h) "Management category" means the category of noxious weeds
2 identified as growing on more than 100 acres in a county and the eradi-
3 cation of which is not biologically feasible. Management category shall
4 include the primary management subcategory and secondary manage-
5 ment subcategory.
6 (i) "Noxious weed" means any plant declared noxious by rules and
7 regulations adopted by the secretary.
8 (j) "Primary management subcategory" is the category of noxious
9 weeds growing on more than 100 acres in the county but on less than
10 10,000 acres statewide and the eradication of which is not biologically
12 (k) "Responsible party" means a person, association of persons, a gov-
13 ernmental entity, a railroad, an airport authority or those supervising
14 state-owned land, any of whom own, manage, control or supervise land.
15 (l) "Secondary management subcategory" is the category of noxious
16 weeds growing on more than 100 acres in a county and more than 10,000
17 acres statewide and the eradication of which is not biologically feasible.
18 (m) "Secretary" means the Kansas secretary of agriculture.
19 (n) "Those supervising state-owned land" means the ultimate legal
20 authority of the subdivision of state government having responsibility for
21 the management, control or supervision of state land.
22 (o) "Weed director" means a person employed by the county or city
23 and competent in weed control and management.
24 New Sec. 3. (a) Each responsible party shall control and manage, in
25 accordance with the rules and regulations adopted by the secretary, any
26 noxious weed on any land owned, managed, controlled or supervised by
27 any such responsible party.
28 (b) The secretary, a designee of the secretary, any weed director or
29 other public official is authorized to inspect any property, both public or
30 private, at any reasonable time to administer this act.
31 (c) Each responsible party shall provide free access and entry upon
32 any premises owned, managed, controlled or supervised by the respon-
33 sible party so that the secretary, a designee of the secretary, any weed
34 director or other public official who administers this act may inspect any
35 property, both real and personal, at any reasonable time.
36 New Sec. 4. (a) The secretary shall establish or adopt by rules and
38 (1) Each weed that is considered to be a noxious weed or whether a
39 weed should be stricken from the list of noxious weeds using generally
40 recognized scientific methods. Any person may request that the secretary
41 consider a weed to be noxious or strike a noxious weed from the list of
42 noxious weeds.
43 (2) Such generally recognized scientific methods.
1 (3) An official control plan for each noxious weed. Any person may
2 request that the secretary consider a control or management practice not
3 included in an official control plan.
4 (b) The number of acres of a noxious weed found growing in each
5 county shall determine the classification of a noxious weed. The classifi-
6 cation categories are as follows:
7 (1) High risk category;
8 (2) containment category; or
9 (3) management category:
10 (A) Primary management subcategory; or
11 (B) secondary management subcategory.
12 New Sec. 5. The secretary is authorized to:
13 (a) Adopt official methods for the management of noxious weeds and
14 to publish such methods.
15 (b) Adopt rules and regulations as in the judgment of the secretary
16 are necessary to carry out the provisions of this act, and to alter or suspend
17 such rules and regulations when necessary.
18 (c) Enter into agreements and to cooperate with other governmental
19 entities, including the federal government, to administer this act.
20 New Sec. 6. (a) The board of county commissioners of each county
21 shall, and the governing body of any city may, employ a weed director.
22 (b) The board of county commissioners of each county and the gov-
23 erning body of any city that employs a weed director shall:
24 (1) Prepare an annual report. The annual report shall be in the form
25 and contain the information required by the secretary in rules and reg-
26 ulations. The annual report shall be submitted to the secretary by Feb-
27 ruary 15 and cover the preceding calendar year. The annual report shall
28 include the weed director's certification of the following:
29 (A) For each financial incentive paid, an authorized control method
30 was applied on all land identified in the annual report as being infested
31 with noxious weeds in the containment category and primary manage-
32 ment subcategory; or
33 (B) for each financial incentive paid, an authorized control method
34 was applied on land identified in the annual report as being infested with
35 noxious weeds in the secondary management subcategory. Certification
36 under this paragraph may include a scientifically representative sample
37 of the land infested with noxious weeds in the secondary management
38 subcategory for which a financial incentive was provided and is not re-
39 quired to be a certification for all land in such subcategory.
40 (2) Cooperate with the secretary in implementing the provisions of
41 this act.
42 (3) Prepare a weed management plan. The weed management plan
43 shall contain the activities to be conducted during the upcoming calendar
1 year to detect, monitor and control any noxious weed found growing in
2 the jurisdiction. The weed management plan shall be submitted to the
3 secretary by June 1 of each year.
4 (4) Establish a procedure to provide a financial incentive for the con-
5 trol and management of noxious weeds on a per acre basis to a responsible
6 party. In no event shall a governmental entity or government employee
7 obtain a financial incentive to control noxious weeds on government land.
8 (5) Provide a financial incentive for the control and management of
9 noxious weeds on a per acre basis to a responsible party who pays to
10 control and manage weeds in accordance with this act on private property
11 in the containment category or the primary management category.
12 (6) Identify or cause to be identified the specific practices contained
13 in the official control plan for each noxious weed present in the county
14 or city for which a financial incentive will be provided. For each control
15 practice identified, the governmental entity shall establish the amount of
16 financial incentive on a per acre basis to be provided to a responsible
18 (7) Establish procedures to provide a financial incentive for the con-
19 trol and management of noxious weeds on a per acre basis to a responsible
20 party who pays for products or materials from sources other than the
21 county or city. Any financial incentive provided for products or materials
22 obtained from other sources shall not be less than any financial incentive
23 provided on the same products offered by the governmental entity.
24 (8) Provide a grievance system, established in the rules and regula-
25 tions of the secretary, allowing landowners or members of the public to
26 complain about noxious weeds growing on another's land.
27 (9) Be subject to review and audit by the secretary, and shall make
28 all its books and records pertaining to this act available for inspection
29 upon request of the secretary.
30 (10) Ascertain the approximate acreage infested with each kind of
31 noxious weed in the governmental entity's jurisdiction. This information
32 shall be reported by June 1 of each year to the county, and any city or
33 township within the county's boundaries.
34 (c) The board of county commissioners of each county and the gov-
35 erning body of any city that employs a weed director, in cooperation with
36 the weed director may:
37 (1) Provide a financial incentive on a per acre basis to a responsible
38 party who pays to control and manage weeds in accordance with this act
39 on private property in the secondary management subcategory.
40 (2) Offer for sale any product or material identified in the official
41 control plan. The price for products or materials offered for sale shall be
42 determined by the following formula: Price of product or material paid
43 by the county or city plus any storage or handling amount minus the per
1 acre financial incentive.
2 New Sec. 7. (a) At least annually, the board of county commissioners
3 of each county and the governing body of any city that employs a weed
4 director shall give the public general notice in the official county or city
5 newspaper of all noxious weeds identified by the weed director as growing
6 in the geographic area for which the weed director is responsible. The
7 notice to the general public shall follow the requirements adopted by
8 rules and regulations of the secretary.
9 (b) The board of county commissioners of each county and the gov-
10 erning body of any city that employs a weed director, in cooperation with
11 the weed director, shall attempt to develop, or cause to be developed, an
12 individual noxious weed management plan with a responsible party for
13 land infested with noxious weeds in the containment category or primary
14 management category. An individual weed management plan shall: (1)
15 Follow the official control methods for the noxious weed identified on
16 the land; and (2) specify the time within which the responsible party shall
17 complete treatment pursuant to an official control method. If a respon-
18 sible party fails to comply with the provisions of the individual weed man-
19 agement plan or refuses to enter into an individual weed management
20 plan, the weed director shall issue a notice as described in subsection (c).
21 (c) The board of county commissioners of each county and the gov-
22 erning body of any city that employs a weed director shall give notice by
23 certified mail to a responsible party who fails to comply with the provi-
24 sions of subsection (b). The notice required by this subsection shall:
25 (1) Contain the procedures described in the official control methods
26 for the noxious weed identified on the land and a legal description of the
27 land where noxious weeds are growing.
28 (2) Specify the time within which the responsible party shall complete
29 treatment pursuant to an official control method. The time for completion
30 shall not be less than 10 working days after mailing of the notice.
31 (3) Include a statement that unless the responsible party completes
32 the required noxious weed control and management method within the
33 time specified in the notice, the weed director may enter or cause to be
34 entered upon the land as often as necessary to use any approved method
35 to control and manage the noxious weed identified in the notice.
36 New Sec. 8. In the event the weed director enters upon land to con-
37 trol noxious weeds, after service of notice pursuant to section 7, and
38 amendments thereto, the weed director shall notify or cause to be noti-
39 fied, by certified mail, a responsible party that such party shall pay for
40 the weed management control performed upon the default of the re-
41 sponsible party in section 7, and amendments thereto. The notice re-
42 quired by this section shall include an itemized statement of services and
43 the statement may include any penalty provided by section 15, and
1 amendments thereto. The board of county commissioners of each county
2 and the governing body of any city that employs a weed director shall
3 provide notice and an opportunity for a responsible party aggrieved by a
4 statement of services or penalties to be heard. Any notice and hearing
5 shall be conducted in accordance with rules and regulations adopted by
6 the secretary.
7 New Sec. 9. (a) It shall be the duty of all persons to minimize the
8 presence of noxious weeds or noxious weed seed in agricultural com-
9 modities, products or equipment. If a county weed director suspects that
10 a commodity, product or equipment is infested with noxious weeds or
11 may contain noxious weed seed, the county weed director shall report the
12 director's suspicions in a timely manner to the secretary.
13 (b) Any hay obtained by any governmental entity for use as mulch on
14 public lands or along a public right-of-way shall be certified prior to such
15 use as being free of noxious weeds. Certification shall be in the form
16 required by the secretary, and filed with the weed director in the county
17 where the hay is to be used.
18 Section 10. K.S.A. 1999 Supp. 2-1318 is hereby amended to read as
19 follows: 2-1318.
The county weed supervisor of each county is hereby
directed and it shall be the duty of the county weed supervisor to ascertain
each year the approximate amount of land and highways infested with
each kind of noxious weeds and its location in the county, and transmit
such information tabulated by cities and townships not later than June 1
of each year, to the secretary of the state board of agriculture, board of
county commissioners, and to the governing body of each city and town-
ship in the district pertaining to such noxious weed infestation in their
respective jurisdiction. On the basis of such information the annual report
28 or weed management plan, the tax levying body of each county, township
incorporated city shall make a tax levy each year for the purpose of
30 paying their part of the cost
of control and eradication thereof as provided
in to implement this act and, in the case of cities and counties, to pay a
32 portion of the principal and interest on bonds issued under the authority
33 of K.S.A. 12-1774, and amendments thereto, by cities located in the
34 county. Each county, city, and township, separately, shall make a levy
35 each year for such purpose. Any
city governmental unit may budget ex-
36 penditures for weed control within its general operating fund in lieu of
37 levying a special tax therefor or maintaining a separate noxious weed
eradication fund. Moneys collected from such levy, except for an amount
to pay a portion of the principal and interest on bonds issued under the
authority of K.S.A. 12-1774, and amendments thereto, by cities located
in the county, shall be set apart as a noxious weed eradication fund and
warrants Warrants duly verified by the county or city supervisor if such
be weed director, if such weed director is employed or if no supervisor
be weed director is employed, then by county, township or city clerk, as
2 the case may be, may be drawn
against this fund for all items of expense
3 incident to control
of and manage noxious weeds in such district respec-
tively. Any moneys remaining in the noxious weed eradication fund at the
end of any year for which a levy is made under this section may be trans-
ferred to the noxious weed capital outlay fund for making of capital ex-
penditures incident to the control of noxious weeds governmental unit.
8 Sec. 11. K.S.A. 1999 Supp. 2-1319 is hereby amended to read as
9 follows: 2-1319. (a) The cost of controlling and
eradicating managing nox-
10 ious weeds on
all lands or highways owned or supervised by a state agency,
department or commission shall be paid by the state agency, department
or commission supervising such lands or highways from funds appropri-
ated to its use; on county lands and county roads, on township lands and
township roads, on city lands, streets and alleys by the county, township
or city in which such lands, roads, streets and alleys are located, and from
funds made available for that purpose; on drainage districts, irrigation
districts, cemetery associations and other political subdivisions of the
state, the costs shall be paid from their respective funds made available
for the purpose. government land shall be borne by the governmental unit
20 responsible for noxious weed control and management within such unit's
21 jurisdiction. If the governing body of any
political subdivision owning or
supervising governmental unit that owns or supervises lands infested with
23 noxious weeds
within their jurisdiction fails to control such noxious weeds
15 10 days' notice directing any such body to do so, the board of
25 county commissioners shall proceed to have proper control and
tion management methods used upon such lands, and shall notify the
27 governing body of the
political subdivision governmental unit by certified
28 mail of the costs of such operations, with a demand for payment. The
29 governing body of the
political subdivision governmental unit shall pay
30 such costs
from its noxious weed fund, or if no such fund is available,
from its general fund or from any other funds available for such purpose.
Copy A copy of the statement, together with proof of notification, shall
33 at the same time be filed with the county clerk, and if the amount is not
34 paid within 30 days, such clerk shall spread the amount due by any po-
35 litical subdivision upon the tax roll of the subdivision, and such amount
36 shall become a lien against the entire territory located within the partic-
37 ular political subdivision, and shall be collected as other taxes are
39 (b) All moneys collected pursuant to this section shall be
the county allocated for noxious weed eradication fund control and man-
42 (c) As used in this section as it pertains to the levy of taxes, "governing
43 body" means the board, body, or persons in which the powers of a political
1 subdivision as a body corporate are vested; and "political subdivision"
2 means any agency or unit of the state authorized to levy taxes or empow-
3 ered to cause taxes to be levied.
(d) On all other lands the owner thereof shall pay the cost of control
and eradication of noxious weeds. Except as provided in K.S.A. 2-1333
and amendments thereto, chemical materials for use on privately owned
lands may be purchased from the board of county commissioners at a
price fixed by the board of county commissioners which shall be in an
amount equal to not less than 50% nor more than 75% of the total cost
incurred by the county in purchasing, storing and handling such chemical
materials. However, once the tax levying body of a county, city or town-
ship has authorized a tax levy of 1.5 mills or more, the board of county
commissioners may collect from the owner of privately owned lands an
amount equal to 75% but not more than 100% of the total cost incurred
by the county in purchasing, storing and handling of chemical materials
used in the control and eradication of noxious weeds on such privately
owned lands. Whenever official methods of eradication, adopted by the
state board of agriculture, are not followed in applying the chemical ma-
terials so purchased, the board of county commissioners may collect the
remaining portion of the total cost thereof.
21 Sec. 12. K.S.A. 1999 Supp. 2-1320 is hereby amended to read as
22 follows: 2-1320.
In case the county weed supervisor or city weed super-
visor When a weed director enters upon land or and furnishes weed con-
materials pursuant to a contract or an agreement with an owner,
operator or supervising agent of noxious weed infested land for the con-
trol of such noxious weeds and, as a result of such weed control methods,
there are any unpaid accounts outstanding by December 31 of each year,
28 and management by contract, pursuant to an individual weed manage-
29 ment plan, or upon refusal of a responsible party to control weeds, the
30 county commissioners or governing body of
the a city that employs a weed
31 director shall immediately notify or cause to be notified, such
32 sponsible party with an itemized statement as to the cost of material,
33 labor and use of equipment and further
stating state that if the amount
34 of such statement is not paid to the county or city treasurer wherein such
35 real estate is located within 30 days from the date of such notice, a penalty
36 charge of 10% of the amount remaining unpaid shall be added to the
37 account in addition to any other penalty assessed pursuant to K.S.A. 2-
38 1323, and amendments thereto, and the total amount thereof shall be-
39 come a lien upon such real estate. The unpaid balance of such account
40 and such penalty charge shall draw interest from the date of entering into
41 such contract or upon accrual of the costs to provide weed control and
42 management either through an individual weed management plan or upon
43 the refusal of a responsible party to control weeds at the rate prescribed
1 for delinquent taxes pursuant to K.S.A. 79-2004, and amendments
2 thereto. A copy of the statement, together with proof of notification, shall
3 at the same time be filed with the register of deeds in such county and
4 the county or city clerk, as the case may be, and if such amount is not
5 paid within the next 30 days the county or city clerk, as the case may be,
6 shall spread the amount of such statement upon the tax roll prepared by
7 the clerk and such amount shall become a lien against the entire contig-
8 uous tract of land owned by such person or persons of which the portion
9 so treated is all or a part, and shall be collected as other taxes are collected,
10 and all moneys so collected shall be
paid into the allocated for noxious
eradication fund, except that not more than 5% of the assessed
valuation of the entire contiguous tract of land of which the portion so
treated is all or a part shall be spread on the tax rolls against such land in
any one year control and management. If any land subject to a lien im-
15 posed under this section is sold or transferred, the entire remaining un-
16 paid balance of such account plus any accrued interest and penalties shall
17 become due and payable prior to the sale or transfer of ownership of the
, and upon collection shall be paid to the noxious weed eradi-
20 Sec. 13. K.S.A. 2-1321 is hereby amended to read as follows: 2-1321.
21 If any
person shall be responsible party is dissatisfied with the charge
for material or rent of equipment used in in the statement of charges
23 assessed against them for the control and
eradication management of nox-
24 ious weeds,
said person shall the responsible party, within ten days from
25 the mailing of the
account showing such charge, statement, shall file a
26 protest with the board of county commissioners, who shall hold a hearing
27 thereon and shall have the power to either adjust or affirm such charge.
28 If any
person shall be responsible party is dissatisfied with the decision
29 rendered by the board of county commissioners
said person shall the
30 responsible party, within
thirty 30 days, shall file a written notice of appeal
31 with the clerk of the district court of the county
and thereupon an action
shall be docketed in the district court and be tried the same as other
actions as provided by the Kansas act for judicial review. Upon the final
34 determination of any change in the account, if any, the county or city
35 clerk shall correct the records in
his or her the clerk's office in accordance
37 Sec. 14. K.S.A. 1999 Supp. 2-1322 is hereby amended to read as
38 follows: 2-1322. (a)
The board of county commissioners, or the governing
body of incorporated cities, cooperating with the secretary of the state
board of agriculture, shall purchase or provide for needed and necessary
equipment and necessary chemical material for the control and eradica-
tion of noxious weeds. The board of county commissioners of any county
43 or the governing body of any city may use any equipment or materials
purchased as provided for in this section, upon the highways, streets and
alleys, for the treatment and eradication on public land for the control
3 and management of weeds which have not been declared noxious
(b) Except as provided in K.S.A. 2-1333 and amendments thereto,
the board of county commissioners shall sell chemical material to the
landowners in their jurisdiction at a price fixed by the board of county
commissioners which shall be in an amount equal to not less than 50%
nor more than 75% of the total cost incurred by the county in purchasing,
storing and handling such chemical materials used in the control and
eradication of noxious weeds, and may make such charge for the use of
machines or other equipment and operators as may be deemed by them
sufficient to cover the actual cost of operation. However, once the tax
levying body of a county, city or township has authorized a tax levy of 1.5
mills or more, the board of county commissioners may collect from the
landowners in their jurisdiction an amount equal to 75% but not more
than 100% of the total cost incurred by the county in purchasing, storing
and handling of chemical materials used in the control and eradication of
(c) Whenever official methods of eradication adopted by the state
board of agriculture are not used in applying the chemical material pur-
chased, the board of county commissioners may collect the remaining
portion of the total cost thereof from the landowner.
24 (b) Whenever a responsible party fails to use a control method other
25 than an official method adopted by the secretary, the board of county
26 commissioners and the governing body of any city that employs a weed
27 director may collect from the responsible party the full amount of the
28 costs incurred by the city or county to control and manage the noxious
(d) (c) The board of county commissioners , township boards, and the
31 governing body of
cities any city that employs a weed director shall: (1)
32 Keep a record showing purchases of material and equipment for control
eradication management of noxious weeds . The board of county com-
missioners and the governing body of cities shall also; (2) keep a complete
35 itemized record showing all sales
for cash or charge sales of material and
shall; and maintain a record of charges and receipts for use of equipment
37 owned by each county or city on public and private land. Such records
38 shall be open to inspection by citizens of Kansas at all times.
39 Sec. 15. K.S.A. 1999 Supp. 2-1323 is hereby amended to read as
40 follows: 2-1323. (a) Any person, association of persons, corporation,
41 county or city or other official who
shall violate or fail to comply with any
of the provisions of this act and acts amendatory thereof or supplemental
thereto violates or fails to comply with the control and management
1 requirements for noxious weeds in the containment category, primary
2 management subcategory or secondary management subcategory, or who
3 takes a financial incentive to control noxious weed without controlling
4 noxious weeds shall be guilty of a misdemeanor
and shall be punished. A
5 misdemeanor under this subsection shall be punishable upon conviction
6 thereof by a fine of $100 per day for each day of noncompliance up to a
7 maximum fine of $1,500.
8 (b) Any weed director may assess a civil penalty against any person,
9 association of persons, corporation, county or city official or other official
10 who violates or fails to comply with the requirements of the containment
11 category, primary management category or secondary management cat-
12 egory, or who takes a financial incentive to control noxious weeds without
13 controlling noxious weeds within such person's or entity's jurisdiction.
14 Any assessment of a civil penalty shall follow the fine schedule and appeal
15 procedure established by rules and regulations of the secretary. A civil
16 penalty under the subsection may be assessed in addition to any other
17 penalty or costs allowed by this act. In no event shall a civil penalty
18 assessed under this subsection be less than the amounts cited in subsection
20 (c) The secretary may assess a civil penalty against any person, as-
21 sociation of persons, corporation, county or city official or other official
22 who violates or fails to comply with the requirements of section 6, and
23 amendments thereto, the notice or planning requirements of section 7,
24 and amendments thereto, the hearing requirements of section 8, and
25 amendments thereto, the requirements of subsection (b) of section 9, and
26 amendments there, the requirements of section 10, and the amendments
27 thereto, the notice or control and management requirements of subsection
28 (a) of section 11, and amendments thereto, and the record keeping
29 requirements of subsection (c) of section 14, and amendments there. Such
30 assessment shall be made in accordance with the Kansas administrative
31 procedure act.
32 Sec. 16. K.S.A. 19-211 is hereby amended to read as follows: 19-211.
33 (a) Except for any property belonging to a county law enforcement de-
34 partment and as otherwise provided in this section, no property, the value
35 of which is more than $50,000, belonging to any county shall be sold or
36 disposed of by any board of county commissioners without a unanimous
37 vote of such commissioners and public notice of such sale or disposition.
38 Such notice shall state the time or date of the sale or disposition or the
39 date after which the property will be offered for sale or disposal, the place
40 of the sale or disposition and the terms and conditions of the sale or
41 disposition. Such notice shall be published at least once each week for
42 three consecutive weeks prior to the sale or disposition in the official
43 newspaper of the county. The property shall be sold or disposed of pub-
1 licly, in the manner deemed prudent by the board of county commis-
2 sioners, to the person or entity tendering the highest and best bid as
3 determined by the board. The board of county commissioners shall have
4 the right to reject any or all bids.
5 If, within 45 days after the first publication of the notice of sale or
6 disposition a petition signed by not less than 2% of the qualified electors
7 of the county is filed with the county election officer, such property shall
8 not be sold or disposed of unless the proposition of sale or disposal of
9 such property is submitted to a vote of the electors of the county at a
10 question submitted election called therefor. The election shall be called,
11 noticed and held in the manner provided by K.S.A. 10-120, and amend-
12 ments thereto, or at a general election. If a majority of the votes cast at
13 any such election authorizes any sale or disposition, such sale or dispo-
14 sition shall be made upon the notice hereinbefore prescribed by publi-
15 cation, to the person or entity tendering the highest and best bid, as
16 determined by the board. The board of county commissioners shall have
17 the right to reject any or all bids.
18 (b) If the board of county commissioners rejects all bids or if no bids
19 are received, the board may proceed to sell or dispose of the property
20 publicly, in the manner deemed prudent by the board, to the person or
21 entity tendering the highest and best bid or offer as determined by the
22 board. If the notice of sale or disposition has been previously published
23 in the manner set forth in subsection (a), no further notice of sale shall
24 be published before the property is sold or disposed of pursuant to this
25 subsection. When property of the county is sold or disposed of pursuant
26 to this subsection, the board shall cause to be published as a part of the
27 statement required by K.S.A. 19-227, and amendments thereto, a detailed
28 account of such sale or disposition which shall list such property, the
29 person who acquired the property and the purchase price.
30 (c) If the value of the property does not exceed $1,000, such notice
31 by publication shall not be required prior to the sale or disposition of such
32 property. When property of the county having a value of more than $50
33 but not more than $1,000 is sold or disposed of, the board of county
34 commissioners shall cause to be published as a part of the statement
35 required by K.S.A 19-227, and amendments thereto, a detailed account
36 of such sale or disposition which shall list such property, the person who
37 acquired the property and the purchase price.
38 (d) Upon a finding by the board that any property is no longer re-
39 quired, or cannot prudently be used for public purposes of the county,
40 the board, by a unanimous vote, may sell or dispose of such property, the
41 value of which does not exceed $50,000, by public or private sale or by
42 negotiation, as determined by the board. Notice of the board's intent to
43 sell or dispose of such property shall be published at least two times in
1 the official county newspaper. Such notice shall include the time, place
2 and conditions of such sale or disposition.
3 (e) The board, by unanimous vote, may sell or dispose of any real
4 property interest belonging to the county, including any interest derived
5 through dedication, plat, condemnation, reversion, abandonment, reser-
6 vation or tax foreclosure, which the board determines, after notice and
7 public hearing, to be surplus property not required for public use, and to
8 be unmarketable property. Such property interest may be sold or dis-
9 posed of by the county by the adoption of a resolution providing that the
10 interest of the county shall be vacated and transferring by quitclaim, with-
11 out benefit of warranties of title, whatever right, title or interest the
12 county has or may have in the property. The resolution shall provide for
13 the reservation to the county and the owners of any lesser property rights
14 for public utilities, the rights-of-way and easements for public service
15 facilities which are in existence and in use across the property. Upon
16 adoption of the resolution, the property interests vacated and conveyed
17 shall revert to and vest in the owners of the real estate immediately abut-
18 ting thereon, in proportion to the frontage of such land, except in cases
19 where such land may have been acquired for public use in a different
20 proportion, in which event it shall revert and vest in the owner of the
21 adjoining real estate in the same proportion that it was acquired.
22 Following the adoption of the resolution, the county clerk shall record
23 the conveyance upon the transfer records of the county and shall cause
24 a notice of the transfer to be published at least two times in the official
25 county newspaper and to be sent by certified mail to each owner of the
26 adjoining real estate to whom the property is being transferred, at the
27 address where the owner's tax statement is sent. A copy of the transfer
28 and the notice shall be recorded with the register of deeds of the county,
29 and no fee shall be charged by the county clerk or the register of deeds
30 recording the transfer.
31 (f) In the event of any sale or disposition of real property pursuant
32 to the authority under this section, the board, in its discretion, may enter
33 into and execute contracts for sale or lease-purchase agreements for a
34 term of not more than five years.
35 (g) The provisions of this section shall not apply to or restrict the
36 conveyance of real property by any county to the state of Kansas, the title
37 to which was previously conveyed to such county by the state of Kansas.
38 (h) The provisions of this section shall not apply to or restrict the
39 conveyance of real property by any county to a nonprofit corporation
40 organized under the laws of Kansas if such real property is acquired and
41 conveyed by the county for the purpose of development of an industrial
42 or business park on such real property comprised of businesses engaged
43 in: (1) Manufacturing articles of commerce; (2) conducting research and
1 development; or (3) storing or processing goods or commodities. If the
2 real property is to be conveyed for an amount which is less than the
3 amount the county paid to acquire such property, the board of county
4 commissioners shall publish a notice of its intent to convey such property.
5 The notice shall include a description of the property, the cost of acquir-
6 ing the property and the amount for which such property is to be con-
7 veyed. Such notice shall be published once each week for three consec-
8 utive weeks in the official county newspaper. If, within 45 days after the
9 first publication of such notice a petition signed by not less than 2% of
10 the qualified electors of the county is filed with the county election officer,
11 such property shall not be conveyed unless the proposition of sale or
12 disposal of such property is submitted to and approved by a majority of
13 the qualified voters of the county at an election called therefor. The elec-
14 tion shall be called, noticed and held in the manner provided by K.S.A.
15 10-120, and amendments thereto, or at a general election.
16 (i) The provisions of this section shall not apply to or restrict the
17 conveyance of real property by any county to a port authority if such real
18 property is acquired and conveyed by the county for the purpose of de-
19 velopment of an industrial, commercial or business park on such real
20 property. The board of county commissioners shall publish a notice of its
21 intent to convey such property. The notice shall include a description of
22 the property, the cost of acquiring the property and the amount for which
23 the property is to be conveyed. Such notice also shall include the time
24 and date of the public hearing at which the board proposes to consider
25 the conveyance of such property. Such notice shall be published at least
26 once in the official county newspaper. Following the public hearing, the
27 board of county commissioners may convey such property.
28 (j) Whenever it is required by this section that the board of county
29 commissioners approve a sale or disposition of property by unanimous
30 vote and a county has a five-member board, such board may approve a
31 sale or disposition of property by a 4/5 majority.
32 (k) The provisions of this section shall not apply to the conveyance
33 of property pursuant to
K.S.A. 2-1319 subsection (c)(2) of section 6, and
34 amendments thereto.
35 Sec. 17. K.S.A. 1999 Supp. 58-3212 is hereby amended to read as
36 follows: 58-3212. (a) The responsible party, at all times after transfer of
37 the deed to the responsible party, shall:
38 (1) Perform the duties imposed by
K.S.A. 2-1314 section 3, and
39 amendments thereto along the recreational trail;
40 (2) provide for the safety, use and accessibility of existing easements,
41 utility facilities and access licenses along the recreational trail;
42 (3) provide for trail-user education and signs regarding trespassing
43 laws and safety along the recreational trail;
1 (4) provide for litter control and the enforcement of laws prohibiting
2 littering along the recreational trail, including but not limited to trail-user
3 education and signs about laws prohibiting littering and the provision of
4 trash receptacles and the cleanup of trash and litter;
5 (5) develop and maintain the recreational trail in a condition that does
6 not create a fire hazard;
7 (6) designate the recreational trail for nonmotorized vehicle use with
8 exceptions only for motorized wheelchairs and maintenance, law enforce-
9 ment and emergency vehicles;
10 (7) prohibit hunting or trapping on or from the recreational trail;
11 (8) provide for law enforcement along the recreational trail;
12 (9) grant easements to adjacent property owners to permit such own-
13 ers to cross the recreational trail in a reasonable manner consistent with
14 the use of the adjacent property and with K.S.A. 66-301 through 66-303,
15 and amendments thereto;
16 (10) (A) maintain any existing fencing between the trail and adjacent
17 property; (B) maintain any future fencing installed between the trail and
18 adjacent property; (C) install between the trail and adjacent property
19 fencing corresponding in class to that maintained on the remaining sides
20 of such adjacent property; and (D) on request of an adjacent property
21 owner, pay one-half the cost of installing fencing between the trail and
22 such property owner's adjacent property with a fence of the class re-
23 quested by such property owner, if not all remaining sides of such prop-
24 erty are fenced; and
25 (11) (A) maintain the trail; (B) maintain all bridges, culverts, roadway
26 intersections and crossings on the trail, essential to the reasonable and
27 prudent operation of the trail or needed for drainage, flood control or
28 the use of easements for crossing the trail between adjacent properties,
29 or cause maintenance thereof by other parties that have assumed con-
30 tractual responsibility therefor; and (C) install and maintain any warranted
31 traffic signs on the trail.
32 (b) If the responsible party is not a governmental entity, the respon-
33 sible party shall file with the county clerk of each county where a portion
34 of the recreational trail is or will be located a bond or proof of an escrow
35 account in a Kansas financial institution, as defined by K.S.A. 16-117 and
36 amendments thereto, payable to the county. The bond or proof of an
37 escrow account shall be filed at the time of transfer of the deed to the
38 responsible party and annually thereafter. The bond or escrow account
39 shall be conditioned on the responsible party's performance, and shall be
40 in an amount agreed upon between the responsible party and the county
41 commission as sufficient to fully cover the annual costs, of:
42 (1) Weed control along the trail, as required by subsection (a)(1);
43 (2) litter control along the trail, as required by subsection (a)(4);
1 (3) maintenance of the trail in a condition that does not create a fire
2 hazard, as required by subsection (a)(5);
3 (4) installation and maintenance of fencing between the trail and ad-
4 jacent property within the county, as required by subsection (a)(10); and
5 (5) installation and maintenance of signs along the trail, as required
6 by subsections (a)(3), (a)(4) and (a)(11)(C).
7 If separate bonds are submitted to or escrow accounts established for
8 the various counties through which the trail transverses, the annual costs
9 listed above shall be only for that portion of the trail located within the
10 particular county that is the holder of the bond or beneficiary of the
11 escrow. A responsible party may submit a single bond or escrow account
12 with multiple counties respectively as coobligees or cobeneficiaries, but
13 in that event the annual costs used in computation of the bond amount
14 shall be for the entire trail length.
15 (c) If the responsible party is not a governmental entity, the respon-
16 sible party shall file with the county clerk of each county where a portion
17 of the recreational trail is or will be located, proof of liability insurance
18 in an amount agreed upon between the responsible party and the county
19 commission as sufficient. Such proof shall be filed at the time of transfer
20 of the deed to the responsible party and annually thereafter.
21 (d) The provisions of this section shall apply to all recreational trails,
22 regardless of when approval to enter into negotiations for interim trail
23 use is or was received from the appropriate federal agency.
24 (e) The provisions of this section may be modified or supplemented
25 by any city governing body for recreational trails within the corporate
26 limits of such city in the manner provided by K.S.A. 12-137 et seq. and
27 amendments thereto. If a city governing body adopts requirements in
28 addition to those provided by this section, the city shall pay all costs of
29 compliance with such additional requirements.
30 New Sec. 18. If any provision of this act or the application thereof
31 to any person or circumstance is held invalid, the invalidity shall not affect
32 other provisions or applications of the act which can be given effect with-
33 out the invalid provision or application, and to this end the provisions of
34 this act are severable.
35 Sec. 19. K.S.A. 2-1315, 2-1316a, 2-1317, 2-1321, 2-1324, 2-1325, 2-
36 1326, 2-1327, 2-1328, 2-1329, 2-1330, 2-1333 and 19-211, K.S.A. 1998
37 Supp. 2-1314, as amended by section 3 of chapter 85 of the 1998 session
38 laws of Kansas and 2-1314b, as amended by section 5 of chapter 85 of
39 the 1998 session laws of Kansas, and K.S.A. 1999 Supp. 2-1316, 2-1318,
40 2-1319, 2-1320, 2-1322, 2-1323, 2-1331, 2-1332 and 58-3212 are hereby
42 Sec. 20. This act shall take effect and be in force from and after
43 January 1, 2001, and its publication in the statute book.