reglab/housing_qa huggingface dataset:
KS Stat § 58-3811 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3811 Same; creation; duration; impairment; conveyance or assignment.

58-3811. Same; creation; duration; impairment; conveyance or assignment. (a) A conservation easement may be created only by the record owner of the surface of the land specifically stating the intention of the grantor to create such an easement under this act.(b) Except as otherwise provided in this act, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.(c) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.(d) Except as provided in subsection (b) of K.S.A. 58-3812 and unless the instrument creating it otherwise provides, a conservation easement shall be limited in duration to the lifetime of the grantor and may be revoked at grantor's request.(e) An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a grantor of the conservation easement.(f) A conservation easement may not be conveyed or assigned by a holder to any entity or person other than a city or county of this state, an entity enumerated by subsection (b)(2) of K.S.A. 58-3810 or the grantor thereof or such grantor's heirs.History: L. 1992, ch. 302, § 12; July 1.
KS Stat § 58-3812 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3812 Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court.

58-3812. Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court. (a) An action affecting a conservation easement may be brought by:(1) An owner of an interest in the real property burdened by the easement;(2) a holder of the easement;(3) a person having a third-party right of enforcement; or(4) a person authorized by other law.(b) This act does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.History: L. 1992, ch. 302, § 13; July 1.
KS Stat § 58-3813 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3813 Same; validity of conservation easement.

58-3813. Same; validity of conservation easement. A conservation easement is valid even though:(a) It is not appurtenant to an interest in real property;(b) it can be or has been assigned to another holder;(c) it is not of a character that has been recognized traditionally at common law;(d) it imposes a negative burden;(e) it imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;(f) the benefit does not touch or concern real property; or(g) there is no privity of estate or of contract.History: L. 1992, ch. 302, § 14; July 1.
KS Stat § 58-3814 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3814 Same; application of act.

58-3814. Same; application of act. (a) This act applies to any interest created after its effective date which complies with this act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise.(b) This act applies to any interest created before its effective date if it would have been enforceable had it been created after its effective date unless retroactive application contravenes the constitution or laws of this state or the United States.(c) This act does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under other law of this state.History: L. 1992, ch. 302, § 15; July 1.
KS Stat § 58-3815 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3815 Same; uniformity of application and construction.

58-3815. Same; uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the act among states enacting it.History: L. 1992, ch. 302, § 16; July 1.
KS Stat § 58-3816 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3816 Same; certain utility and water district easements not impaired.

58-3816. Same; certain utility and water district easements not impaired. Nothing in this act shall be construed so as to impair the rights of a public utility or city with respect to the acquisition of rights-of-way, easements or other property rights, whether through voluntary conveyance or eminent domain, upon which facilities, plants, systems or other improvements of a public utility or city are located or are to be located or so as to impair the rights of a watershed district under K.S.A. 24-1201 et seq. and amendments thereto with respect to rights-of-way, easements or other property rights upon which watershed structures are located or are to be located.History: L. 1992, ch. 302, § 17; July 1.
KS Stat § 58-3817 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3817 Same; short title.

58-3817. Same; short title. This act shall be known and may be cited as the uniform conservation easement act.History: L. 1992, ch. 302, § 18; July 1.
KS Stat § 58-3820 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3820 Restrictive covenants; political yard signs; limitations.

58-3820. Restrictive covenants; political yard signs; limitations. (a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days before an election and ending two days after the election is hereby declared to be against public policy and such provision shall be void and unenforceable.(b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.History: L. 2008, ch. 165, § 5; May 29.
KS Stat § 58-3822 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 38 - Easements|58-3822 Same; limitations.

58-3822. Same; limitations. (a) On and after the effective date of this act, any transfer fee covenant, as defined in K.S.A. 2021 Supp. 58-3821, and amendments thereto, is hereby declared to be against public policy and such covenant shall be void and unenforceable.(b) The provisions of this section shall apply to any transfer fee covenant in existence on the effective date of this act.History: L. 2009, ch. 14, § 2; July 1.
KS Stat § 58-3936 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3936 General rules for taking custody of intangible unclaimed property.

58-3936. General rules for taking custody of intangible unclaimed property. Except as otherwise provided in this act or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:(a) The last known address of the apparent owner, as shown on the records of the holder, is in this state;(b) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;(c) the records of the holder do not reflect the last known address of the apparent owner, and it is established that:(1) The last known address of the person entitled to the property is in this state; or(2) the holder is domiciled in this state or is a state or other government or governmental subdivision, agency or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;(d) the last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a state or other government or governmental subdivision, agency or instrumentality of this state;(e) the last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a state or other government or governmental subdivision, agency or instrumentality of this state;(f) the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide by law for the escheat or custodial taking of the property; or(g) the property is a traveler's check or money order purchased in this state or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.History: L. 1994, ch. 8, § 3; L. 1999, ch. 100, § 3; Jan. 1, 2000.
KS Stat § 58-3938 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3938 Burden of proof as to property evidenced by record of check or draft.

58-3938. Burden of proof as to property evidenced by record of check or draft. A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and a passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.History: L. 1994, ch. 8, § 5; L. 1999, ch. 100, § 4; Jan. 1, 2000.
KS Stat § 58-3943 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3943 Stock and other intangible interests in business associations.

58-3943. Stock and other intangible interests in business associations. This act does not apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions or other sums payable as a result of the interest unless:(a) The records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not within five years communicated in any manner described in paragraph (3) of subsection (a) of K.S.A. 58-3935, and amendments thereto; or(b) five years have elapsed since the location of the owner became unknown to the association, as evidenced by the return of official shareholder notifications or communications by the postal service as undeliverable, and the owner has not within those five years communicated in any manner described in paragraph (3) of subsection (a) of K.S.A. 58-3935, and amendments thereto. The five-year period from the return of official shareholder notifications or communications shall commence from the earlier of the return of the second such mailing or the time the holder discontinues mailings to the shareholder.History: L. 1994, ch. 8, § 10; L. 1999, ch. 100, § 5; Jan. 1, 2000.
KS Stat § 58-3949 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3949 Contents of safe deposit box or other safekeeping repository.

58-3949. Contents of safe deposit box or other safekeeping repository. Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law are presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository.History: L. 1994, ch. 8, § 16; L. 1999, ch. 100, § 6; Jan. 1, 2000.
KS Stat § 58-3951 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3951 Advertising of unclaimed property; information required.

58-3951. Advertising of unclaimed property; information required. (a) Within the calendar year next following the year in which unclaimed property has been paid or delivered to the administrator, the administrator shall advertise the unclaimed property in such form as in the discretion of the administrator is likely to attract the attention of the apparent owner of the unclaimed property. It shall contain the following information:(1) The name of each person appearing to be the owner of property presumed abandoned, as set forth in the report filed by the holder;(2) the last known address or location of each person appearing to be the owner of property presumed abandoned, if an address or location is set forth in the report filed by the holder;(3) a statement explaining that property of the owner has been presumed to be abandoned and has been taken into the protective custody of the administrator; and(4) a statement that information about the abandoned property and its return to the apparent owner can be obtained at any time by a person having a legal or beneficial interest in that property by making an inquiry to the administrator.(b) The administrator shall not be required to advertise the name and address or location of an owner of abandoned property having a total value less than $100, nor information concerning travelers checks and money orders.History: L. 1994, ch. 8, § 18; L. 1996, ch. 111, § 4; July 1.
KS Stat § 58-3952 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3952 Payment or delivery of abandoned property.

58-3952. Payment or delivery of abandoned property. (a) At the time of the filing of the report required by subsection (d) of K.S.A. 58-3950 and amendments thereto and with that report, the holder of property presumed abandoned shall pay, deliver or cause to be paid or delivered to the administrator the property described in the report as unclaimed, but if, at the time provided for delivery of the property a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result.(b) If the property reported to the administrator is a security or security entitlement under article 8 of the uniform commercial code, the administrator is an appropriate person to make an endorsement, instruction or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with article 8 of the uniform commercial code.(c) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator has the right to obtain a replacement certificate pursuant to K.S.A. 84-8-405, and amendments thereto, but an indemnity bond is not required.(d) An issuer, the holder and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with K.S.A. 58-3953 and amendments thereto for any loss or damage caused by the transfer, issuance and delivery of the certificate or security to the administrator.(e) A holder is required to deliver property reported as aggregate under K.S.A. 58-3950, and amendments thereto, only if the total amount of the aggregate property reported exceeds $250.History: L. 1994, ch. 8, § 19; L. 1999, ch. 100, § 8; L. 2000, ch. 125, § 5; Apr. 27.
KS Stat § 58-3954 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3954 Crediting of dividends, interest, or increments to owner's account.

58-3954. Crediting of dividends, interest, or increments to owner's account. (a) Whenever property other than money is paid or delivered to the administrator under this act, the owner is entitled to receive from the administrator any dividends, interest or other increments realized or accruing on the property at or before liquidation or conversion thereof into money if the amount of dividends, interest or other increments is $5 or more.(b) When interest bearing property is paid or delivered to the administrator, the owner shall be entitled to receive interest accruing thereafter. At the time a valid claim is approved by the administrator, simple interest without compounding shall be computed and paid based upon the average of the monthly net earnings rates of the pooled money investment portfolio for the time period that the administrator has held the property. If the administrator has held the property for more than five years, the five year average of the monthly net earnings rates of the pooled money investment portfolio shall be used.History: L. 1994, ch. 8, § 21; L. 2007, ch. 92, § 3; July 1.
KS Stat § 58-3955 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3955 Public sale of abandoned property; exceptions.

58-3955. Public sale of abandoned property; exceptions. (a) Except as provided in subsections (b) and (c), the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale in whatever city in the state affords in the judgment of the administrator the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if in the judgment of the administrator the bid is insufficient. If in the judgment of the administrator the probable cost of sale exceeds the value of the property, the property need not be offered for sale. Any sale held under this section shall be preceded by a single publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.(b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.(c) All securities presumed abandoned and delivered to the administrator shall be held for at least six months before they may be sold. All securities must be sold within one year after they are delivered to the administrator. A person making a claim under this act is entitled to receive either the securities delivered to the administrator by the holder, if they still remain in the hands of the administrator, or the proceeds received from the sale, less any amounts deducted pursuant to subsection (b) of K.S.A. 58-3956, and amendments thereto, but no person has any claim under this act against the state, the holder, any transfer agent, registrar or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the administrator.(d) The purchaser of property at any sale conducted by the administrator pursuant to this act takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.History: L. 1994, ch. 8, § 22; L. 2000, ch. 125, § 6; Apr. 27.
KS Stat § 58-3956 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3956 Deposit of funds.

58-3956. Deposit of funds. (a) Except as otherwise provided by this section, the administrator shall promptly deposit in the state general fund all funds received under this act, including the proceeds, from the sale of abandoned property under K.S.A. 58-3955 and amendments thereto, and the proceeds from the redemption of United States savings bonds under K.S.A. 58-3979, and amendments thereto. The unclaimed property claims fund is hereby created in the state treasury. The administrator shall credit moneys to the unclaimed property claims fund sufficient for the prompt payment of claims duly allowed by the administrator. The unclaimed property claims fund shall be in an amount of not less than $100,000. Before making the deposit, the administrator shall record the name and last known address of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number, the name of the company and the amount due. The record shall be available for public inspection at all reasonable business hours.(b) Before making any deposit to the credit of the state general fund, the administrator may deduct and credit to the unclaimed property expense fund which is hereby created in the state treasury:(1) Any costs in connection with the sale of abandoned property;(2) costs of mailing and publication in connection with any abandoned property;(3) operating expenses; and(4) costs incurred in examining records of holders of property and in collecting the property from those holders.History: L. 1994, ch. 8, § 23; L. 2000, ch. 125, § 7; Apr. 27.