An Act concerning certain recreational trails; amending section 3 of 1996 Substitute for House Bill No. 2711 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Section 3 of 1996 Substitute for House Bill No. 2711
is hereby amended to read as follows: (a) Upon receipt of
permission from the appropriate federal agency to enter into
negotiations for interim trail use, the responsible party shall
give written notice to each adjacent prop- erty owner that the
responsible party intends to build a recreational trail adjacent to
the property owner's property. The responsible party may utilize
the addresses to which real estate tax statements are sent, as
main- tained by county officials, for such notices. Such notice
shall be given by first-class mail unless the notice is returned
undelivered, in which case a further notice shall be given by
Such Further notice shall
be published once each week for three consecutive weeks in the
official newspaper of the county in which such trail is proposed to
(b) Before commencing development or operation of a recreational trail, the responsible party shall:
(1) Prepare a project plan that includes: (A) The name and address of the responsible party, (B) an itemized estimate of the costs of the project and sources of funding for the project, and (C) maps of the rec- reational trail;
(2) submit by certified mail, not later than 180 days after receiving approval of interim trail use from the appropriate federal agency, the initial project plan to the county commission of each county where a portion of the trail is to be located outside of city limits and to the gov- erning body of each city where a portion of the trail is to be located inside the city limits;
(3) submit the final project plan to the county commission of each county where a portion of the trail is to be located outside of city limits and make subsequent reports to such county commission as to the status of trail development or operation, or both, at intervals determined by the commission and consider all recommendations the commission has re- garding the trail; and
(4) submit the final project plan to the governing body of each city where a portion of the trail is to be located inside the city limits and make subsequent reports to such city governing body as to the status of trail development or operation, or both, at intervals determined by the gov- erning body and consider all recommendations the governing body has regarding the trail.
(c) The responsible party shall complete development of a
recrea- tional trail within a period of time equal to two years
times the number of counties in which the recreational trail is
located. Such period of time shall begin only when
cities and counties have given final approval to the project plan
as required by subsections (b)(3) and (4) and the appeal
period pursuant to subsection (d) of 16 U.S.C. 1247 (1983) has
expired. Any time during which there is pending any court action
challenging the development or use of the trail shall not be
computed as part of the time limitation imposed by this
(d) The provisions of this section shall apply to only recreational trails for which approval to enter into negotiations for interim trail use is re- ceived from the appropriate federal agency on or after the effective date of this act.
Sec. 2. Section 3 of 1996 Substitute for House Bill No. 2711 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.
Approved May 11, 1996.