reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,117 Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.

58-25,117.
Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.
(a) Except as provided in this act, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with K.S.A. 58-25,111 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice. The rental agreement shall terminate and the mobile home space shall be vacated as provided in the notice, subject to the following:
(1) If the breach is remediable by repairs or the payment of damages or otherwise and the landlord initiates a good faith effort to remedy the breach within 14 days after receipt of the notice, the rental agreement shall not terminate. However, in the event that the same or a similar breach occurs after the fourteen-day period provided herein, the tenant may deliver a written notice to the landlord specifically describing the breach and stating that the rental agreement shall terminate upon a date not less than 30 days after the receipt of such notice by the landlord. The rental agreement then shall terminate as provided in such notice.
(2) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person in the mobile home park with the tenant's consent.
(b) Except as provided in this act, the tenant may recover damages, and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with K.S.A. 58-25,111.
(c) The remedy provided in subsection (b) is in addition to any right of the tenant arising under subsection (a).
(d) If the rental agreement is terminated, the landlord shall return that portion of the security deposit recoverable by the tenant under K.S.A. 58-25,108.
History:
L. 1992, ch. 306, § 19; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,118 Failure to deliver possession; remedies.

58-25,118.
Failure to deliver possession; remedies.
(a) If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in K.S.A. 58-25,110, rent abates until possession is delivered and the tenant:
(1) Upon at least five days' written notice to the landlord, may terminate the rental agreement and upon termination the landlord shall return all of the security deposit; or
(2) may demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the mobile home space against the landlord, or any person in wrongful possession, and recover the damages sustained by the tenant.
(b) If a person's failure to deliver possession is willful and not in good faith, an aggrieved party may recover from such person an amount not more than 1 1/2 months' periodic rent or 1 1/2 times the actual damages sustained by such party, whichever is greater.
History:
L. 1992, ch. 306, § 20; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,119 Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.

58-25,119.
Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.
If the landlord unlawfully removes or excludes the tenant from the mobile home park or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not to exceed 1 1/2 months' periodic rent or the actual damages sustained by the tenant, whichever is greater. If the rental agreement is terminated, the landlord shall return that portion of the security deposit recoverable by the tenant under K.S.A. 58-25,108.
History:
L. 1992, ch. 306, § 21; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,120 Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.

58-25,120.
Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.
(a) Except as provided in this act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.S.A. 58-25,113 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. The rental agreement shall terminate as provided in the notice, except that, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement will not terminate. However, in the event that the same or a similar breach occurs after the fourteen-day period provided herein, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then shall terminate as provided in such notice.
(b) If rent is unpaid when due and the tenant fails to pay rent within three days after written notice by the landlord of nonpayment and of the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.
(c) Except as otherwise provided in this act, the landlord may recover damages and obtain injunctive relief for any material noncompliance by the tenant with the rental agreement or with K.S.A. 58-25,113.
History:
L. 1992, ch. 306, § 22; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,121 Abandonment, remedies; required registration.

58-25,121.
Abandonment, remedies; required registration.
(a) A tenant is considered to have abandoned a mobile home when the tenant has been absent from the mobile home without reasonable explanation for 30 days or more during which time there is a default of rent three days after rent is due or when the rental agreement is terminated pursuant to the provisions of this act. A tenant's return to the mobile home does not change its status as abandoned unless the tenant pays to the landlord all costs incurred for the mobile home space, including costs of removal, storage, notice and utilities due and owing.
(b) If a tenant abandons a mobile home on a mobile home space, the landlord shall notify the legal owner and known lienholder of the mobile home of the abandonment and communicate to the legal owner and lien holder that the legal owner and lien holder is liable for any costs incurred for the mobile home space, including rent and utilities due and owing. However, the legal owner and lien holder is only liable for costs incurred from the point of written notification by the landlord. After the landlord's notification, costs for which liability is incurred shall then become the responsibility of the legal owner or lienholder of the mobile home. The mobile home may not be removed from the mobile home space without a signed written agreement from the landlord showing clearance for removal, showing that all debts are paid in full, or without an agreement reached with the legal owner and lien holder and the landlord. The right of possession of the legal owner or lienholder shall be subject to the landlord's claim for the landlord's reasonable costs of removal and storage of the abandoned mobile home. Any landlord who is entitled to costs for which liability is incurred as provided in this subsection shall have a lien as provided in K.S.A. 58-227 and amendments thereto.
(c) A required standardized registration form shall be filled out by each tenant, upon the rental of a mobile home space, showing the mobile home make, year and serial number if there is a lien on the mobile home, and if so the lienholder, and who is the legal owner of the mobile home. The registration cards or forms shall be kept on file with the landlord as long as the mobile home is on the mobile home space within the mobile home park.
History:
L. 1992, ch. 306, § 23; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,122 Acceptance of late rent, effect.

58-25,122.
Acceptance of late rent, effect.
Acceptance of late payment of rent from the tenant without reservation by the landlord or acceptance of performance by the tenant, other than for payment of rent, that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
History:
L. 1992, ch. 306, § 24; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,123 Termination of tenancy; holdover by tenant; remedies.

58-25,123.
Termination of tenancy; holdover by tenant; remedies.
(a) The landlord may terminate a tenancy only as provided in this act.
(b) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the tenant's holdover is willful and not in good faith the landlord in addition may recover an amount not to exceed 1 1/2 months' periodic rent or 1 1/2 the actual damages sustained by the landlord, whichever is greater.
History:
L. 1992, ch. 306, § 25; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,124 Tenant's refusal to allow lawful access, remedies; landlord's unlawful or unreasonable entry, remedies.

58-25,124.
Tenant's refusal to allow lawful access, remedies; landlord's unlawful or unreasonable entry, remedies.
(a) If the tenant refuses to allow lawful access to the mobile home space, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement. In either case, the landlord may recover actual damages.
(b) If the landlord makes an unlawful entry or a lawful entry to the mobile home space in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages.
History:
L. 1992, ch. 306, § 26; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,125 Certain retaliatory actions by landlord prohibited, remedies; increased rent, when; action for possession, when.

58-25,125.
Certain retaliatory actions by landlord prohibited, remedies; increased rent, when; action for possession, when.
(a) Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by failing to renew a rental agreement after any of the following:
(1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the mobile home park materially affecting health and safety;
(2) the tenant has complained to the landlord of a violation under K.S.A. 58-25,111; or
(3) the tenant has organized or become a member of a tenant's union or similar organization.
(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in K.S.A. 58-25,119 and has a defense in an action for possession.
(c) Notwithstanding the provisions of subsection (a), the landlord may increase the rent of a tenant even though the tenant has complained of a violation as described in clause (1) or (2) of subsection (a) or has organized or become a member of an organization as described in clause (3) of subsection (a), if such rent increase does not conflict with a lease agreement in effect and is made in good faith to compensate the landlord for expenses incurred as a result of acts of God, public utility service rate increases, property tax increases or other increases in costs of operations.
(d) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if either of the following occurs:
(1) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person upon the premises with the tenant's consent.
(2) The tenant is in default of rent three days after rent is due. The maintenance of the action does not release the landlord from liability under subsection (b) of K.S.A. 58-25,117.
History:
L. 1992, ch. 306, § 27; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,126 Act inapplicable to rental agreements valid prior to act; renewals, extensions or modifications.

58-25,126.
Act inapplicable to rental agreements valid prior to act; renewals, extensions or modifications.
The provisions of this act shall not apply to or affect any valid rental agreement entered into prior to the effective date of this act, nor shall it apply to or affect any conduct or transaction of the parties to such rental agreement, if such conduct or transaction is in accordance with and pursuant to such rental agreement; but the provisions of this act shall apply to and govern any renewal, extension or modification of any such rental agreement, where such renewal, extension or modification is effected on or after the effective date of this act.
History:
L. 1992, ch. 306, § 28; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,127 Separate metering for water by landlord; requirements; not public utility.

58-25,127.
Separate metering for water by landlord; requirements; not public utility.
(a) The term "public utility" within the meaning of K.S.A. 66-104, and amendments thereto, shall not include any person or entity in the business of being a landlord who is supplied water by a city or water district and who furnishes such water to its tenants pursuant to subsection (a)(5) of K.S.A. 58-2553 or subsection (a)(6) of K.S.A. 58-25,111, and amendments thereto, with the use of a separate meter to measure the water furnished to the tenant, so long as the landlord charges the tenant at the same rate charged by the city or water district to the landlord. Any lease between a landlord and tenant in effect at the time this section becomes effective shall not be affected by the provisions of this section. The furnishing of water by a landlord to a tenant in accordance with this section shall not be construed as a sale for resale which may be subject to the jurisdiction of the state corporation commission.
(b) The landlord shall not charge the tenant any surcharge for the installation, maintenance or any other purpose related to the use of a separate water meter.
(c) The landlord shall provide the tenant with a monthly water statement showing the computation of the amount the tenant owes, the tenant's meter reading for the current water statement period and the tenant's meter reading for the prior water statement period.
History:
L. 2005, ch. 72, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2601 Entry and disposal of townsites.

58-2601.
Entry and disposal of townsites.
G.S. 1868, chapter 109, sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and Laws 1870, chapter 123, sections 1 and 2, included by reference. [Section 1 of the act is as follows: "In all cases in which any of the public land of the United States in the state of Kansas has been, or shall hereafter be, selected and occupied as a townsite, if the inhabitants of such town shall be at the time incorporated, it shall be the duty of the corporate authorities of such town, or, if not incorporated, then of the probate judge of the county in which such townsite is situated, whenever called on by any of the occupants of such town, and the money, for the entrance of such townsite, furnished, to enter such townsite under the act of congress in such case made and provided." The act of 1870 amended and repealed sections 2 and 12 of the act of 1868. The remainder of the act, not quoted herein, related to the details of entry and disposal of subdivisions of townsites.]
History:
R.S. 1923, 67-601.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2602 Owners of estate or interest in land deemed copartnership, when.

58-2602.
Owners of estate or interest in land deemed copartnership, when.
Any person, company or association of persons, heretofore formed or hereafter to be formed, not incorporated, who do or shall hold any right, title or interest in or to any lands in this state devoted, by the mutual or other agreement of the persons forming such company or association, they holding a majority of the interests or estate in such land, to laying out and sale, as town or city lots, blocks or shares, for the profit of such company, or the several members thereof, and the other owners of said land, shall be deemed, as to such property, a copartnership.
History:
G.S. 1868, ch. 109, § 13; October 31; R.S. 1923, 67-602.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2603 Death of partner, effect; rights of survivors.

58-2603.
Death of partner, effect; rights of survivors.
In case of the death of any one or more of the members of such copartnership, whether such death shall have heretofore taken place or shall hereafter take place, such lands, whether the legal title thereof be in such company or association or any of them, or held in trust for them, or in whatsoever manner or in whose name soever the legal title is or shall be held, shall be deemed assets of such copartnership, and the survivor or survivors shall have the right to sell and dispose of the same pursuant to such agreement, and to collect the debts and close up all the business of the copartnership in like manner and with like effect as if the property of said copartnership were personal property only, and shall account to and with the representative of the deceased partner annually, and pay to him or her all money in his, her or their hands belonging to said decedent's estate; and on a final settlement shall pay as aforesaid all the money arising from said assets and belonging to said deceased partner; and such final accounting shall be made at or before the final settlement of said estate.
History:
G.S. 1868, ch. 109, § 14; October 31; R.S. 1923, 67-603.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2604 Heirs of deceased partner to join with surviving partners in conveyances.

58-2604.
Heirs of deceased partner to join with surviving partners in conveyances.
The heirs at law of every deceased partner shall fulfill the agreement of their ancestor so devoting land to division and sale, by joining with the surviving partner or partners, or with the trustee or trustees, if any, holding the title, or with both the survivors and trustees, as may be necessary, in executing, acknowledging and delivering all deeds of conveyance necessary to convey to the purchasers of such lots, blocks or shares the parcels so purchased by them respectively, whether the agreement with such purchasers to sell the same were made by the copartnership during the lifetime of the said ancestor, or by the surviving partner or partners after his or her death, and whether the same were made before or since the taking effect of this act.
History:
G.S. 1868, ch. 109, § 15; October 31; R.S. 1923, 67-604.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2605 Heirs of deceased partner to join with surviving partners in filing plat; action to compel heirs to execute deeds or plats.

58-2605.
Heirs of deceased partner to join with surviving partners in filing plat; action to compel heirs to execute deeds or plats.
If no map or plat of such land has been made and acknowledged by the deceased partner agreeably to law, his or her heirs shall join with the surviving partner or partners in acknowledging and filing such plat; and such acknowledgment shall have the same force and effect as if done by such deceased partner in his or her lifetime: Provided, That such heirs shall not be required to pay any part of the expense of preparing such deeds or plats, or of the officer's fees for taking the acknowledgments thereof. If the heirs shall refuse or neglect so to execute, acknowledge and deliver such deeds or plat, the district court, in an action duly prosecuted in the proper county by the surviving partner or partners against such heirs, shall compel the execution, acknowledgment and delivery thereof.
History:
G.S. 1868, ch. 109, § 16; October 31; R.S. 1923, 67-605.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2606 Action by resident surviving partner; proceedings; judgment.

58-2606.
Action by resident surviving partner; proceedings; judgment.
In case of the death of a partner, heretofore or hereafter, leaving minor heirs, or in case of the adult heirs residing in the county where the lands are, refusing to acknowledge and file a plat of such townsite, or in case of the nonresidence of any surviving partner or of any joint owner not a partner in such townsite, the resident surviving partner may commence an action in the district court where the land or the greater part thereof is situated, against such heirs or nonresident partners or joint owners, and may join them all in one action; and if it should be made to appear to the court that the plaintiff and said decedent in his or her lifetime by their mutual agreement devoted such land or any part thereof to division or sale as town or city lots, blocks or shares, for the profit of said plaintiff and said decedent, that said decedent died without having executed the conveyance necessary to convey his or her interest therein to the several purchasers of lots, blocks or shares, and that a part of the defendants are heirs of such decedents, and it not appearing that such mutual agreement was abrogated or annulled during the lifetime of the decedent, the court shall render a judgment stating who of said defendants are heirs of said decedent, and the time of the death of the decedent, and adjudging that the plaintiff is surviving partner of such decedent, and held said land as such, and as such entitled to sell and convey all the right, title and interest of the defendants therein.
The same proceedings shall be had in the case of nonresident joint owners, they holding a minority of interest in said land, whether they have agreed to the laying out and sale of said land as town lots, or not, provided those holding a one-half or greater interest in said lands have so agreed; and if such is made to appear to the court, the same judgment shall be rendered as in the case of the heirs of a deceased partner or joint owner, and the parties defendant to such proceedings may be served with process, actually or constructively, as is prescribed in the code of civil procedure in cases where defendants are unknown or are nonresidents.
Such judgment shall describe the lands adjudged to be conveyed; and thereafter the deed of such plaintiff holding the title purporting to convey all the interest of said heirs or of said deceased partner, at the time of his or her death, or of said adult joint owner, shall be sufficient to convey to the purchaser all the interest and title of said heirs and joint owners; and such judgments may be recorded by the register of deeds of the county where the lands lie, and when so recorded shall have the same force and effect as a deed.
History:
G.S. 1868, ch. 109, § 17; October 31; R.S. 1923, 67-606.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2607 Deeds made prior to judgment.

58-2607.
Deeds made prior to judgment.
In case a surviving partner or partners, after the death of a deceased partner and before the rendition of such judgment, shall have conveyed as such surviving partner or partners, together with such trustee or trustees, if any, any such lots, blocks or shares to purchasers, by deeds purporting on their face to convey the right, title and interest of the surviving partner or partners, and that of the deceased partner at the time of his or her death, or of his or her minor heirs, from and after the rendition of such judgment such deeds shall be effectual to convey all the right, title and interest of such minor heirs, or parties to said action, as if the same had been made, executed and delivered after the rendition of the judgment; and all right, title and interest passed by such deeds shall relate to and be deemed to have passed at the times the deeds were so executed and delivered.
History:
G.S. 1868, ch. 109, § 18; October 31; R.S. 1923, 67-607.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2608 Map or plat by surviving partner and heirs.

58-2608.
Map or plat by surviving partner and heirs.
If a deceased partner, leaving minor heirs, shall not have acknowledged a map or plat of such lands as aforesaid, the surviving partner or partners may at any time hereafter acknowledge a map or plat as surviving partner or partners, and cause the same to be filed and recorded according to law; and such acknowledgment, filing and recording, with the acknowledgment of the heirs of full age, if any, shall have the same force and effect as if the same had been done by all the partners in the lifetime of said deceased partner, and before any such land had been sold by such partners.
History:
G.S. 1868, ch. 109, § 19; October 31; R.S. 1923, 67-608.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2609 Bond of surviving partner.

58-2609.
Bond of surviving partner.
Before any surviving partner or partners shall be entitled to demand of the heirs at law of a deceased partner conveyances pursuant to K.S.A. 58-2604 or to commence an action against minor heirs pursuant to K.S.A. 58-2606, he or she shall give to the executor or administrator (if any) of such deceased partner a bond, in such sum and with such surety as the judge of the district court of the county where the lands or the greater part thereof are situate shall in writing thereon approve as sufficient, conditioned that after settlement of the partnership business and payment of the partnership debts, and final accounting with all surviving partners and all executors and administrators of deceased partners, he or she will pay to such executor or administrator such sums as may be found due from him or her; and if there be several surviving partners, each of them severally shall give a like bond, to be approved as aforesaid, or in default thereof such as do give bond shall have the sole control of the assets of the copartnership, and until a final accounting be alone entitled to receive any portion of the avails of the sale of said lands.
History:
G.S. 1868, ch. 109, § 20; R.S. 1923, 67-609; L. 1976, ch. 145, § 207; January 10, 1977.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2610 Power of district court.

58-2610.
Power of district court.
The district court shall have the same power to compel the settlement of the affairs of such copartnership, and to protect and enforce the rights of all persons interested therein, as if the assets of such copartnership were personal property only.
History:
G.S. 1868, ch. 109, § 21; October 31; R.S. 1923, 67-610.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2611 Enforcement of agreements to lay off and distribute town lots.

58-2611.
Enforcement of agreements to lay off and distribute town lots.
When two or more persons shall have mutually agreed to lay off certain lands in city or town lots or blocks, and to distribute such lots or blocks among themselves, and have caused such lands to be surveyed into lots or blocks, and a map or plat thereof to be made pursuant to such agreement, and have agreed to determine the several lots or blocks to belong to each by lot or chance, or in any other specified manner, and have proceeded accordingly and so determined the several lots or blocks to belong to each in severalty, and one or more such persons pursuant to such agreement and determination shall have received a conveyance of their lots or blocks so determined to belong to him or her or them, or any part thereof, and all others of said persons not having received such conveyances shall be able and willing to fulfill such agreement by making the necessary conveyances, although none of such agreements shall have been made in writing, and whether the same were made before or after the passage of this act, they shall be, as against such as have received such conveyance, valid; and upon action duly brought the specific performance thereof, by making all conveyances necessary to fulfill and carry into effect such agreements and determination, shall be adjudged and enforced.
History:
G.S. 1868, ch. 109, § 22; October 31; R.S. 1923, 67-611.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2612a Plat of original town or addition thereto of record prior to June 30, 1934; presumptions, application.

58-2612a.
Plat of original town or addition thereto of record prior to June 30, 1934; presumptions, application.
In all cases where a plat of any original town or addition thereto has been of record more than twenty-five (25) years and deeds executed by the person or corporation platting the same and conveying lots or blocks in said original town or addition have been of record more than twenty-five (25) years prior to the taking effect of this act, such deeds shall be conclusively presumed to have conveyed perfect title notwithstanding any defect in the title of the grantor therein or the failure of the grantor's spouse to join therein: Provided, That such presumption shall not be applied in any action brought within one (1) year from the date this act takes effect: Provided further, That such presumption shall not be applied to divest any person of possession who is in actual or constructive possession of such property: Provided further, That such presumption shall not be applied to any instrument filed of record prior to the recording of such plat, which conveys or reserves a mineral interest or a royalty interest.
In all cases where more than one (1) such plat has been filed on the same lands and conveyances covering lots or blocks therein and executed by the maker of one (1) of said plats have been of record more than twenty-five (25) years and no conveyance executed by the maker of the other plat is of record at the time of the taking effect of this act, the said conveyance of record shall be conclusively presumed to have conveyed a perfect title: Provided, That such presumption shall not be applied in any action brought within one (1) year from the date this act takes effect: Provided further, That such presumption shall not be applied to divest any person of possession who is in actual or constructive possession of such property: Provided further, That such presumption shall not be applied to any instrument filed of record prior to the recording of such plat which conveys or reserves a mineral interest or royalty interest.
History:
L. 1959, ch. 262, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2613 Vacation of certain plats, streets, easements or reservations; petition; hearing.

58-2613.
Vacation of certain plats, streets, easements or reservations; petition; hearing.
Whenever the owners of any tract or part of a tract of land which has been platted as an addition or subdivision or adjoins on both sides of any street, alley, public easement, or public reservation, or part thereof, and which lies wholly outside the limits of any incorporated city or within the limits of an incorporated city which has had no governing body for 10 years or more desire to have the same vacated, shall file a petition with the board of county commissioners of the county in which the land is located or with the planning commission of such county, describing the plat, street, alley, public easement or reservation, including dedicated building setback lines or access control proposed to be vacated and praying for the vacation described. Upon the filing of the petition, the board of county commissioners or the planning commission shall fix a time for the hearing of the petition and shall give notice of the hearing by publication in the official county paper. Such notice shall be published at least one time at least 20 days prior to the date of the hearing. If the land is located within an area which is subject to the subdivision regulations of any city, notice of the hearing shall also be given to the governing body and planning commission of such city.
History:
L. 1949, ch. 223, § 1; L. 1967, ch. 306, § 1; L. 1981, ch. 173, § 66; L. 1997, ch. 147, § 6; May 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2614 Same; order; protest by city; recordation of order; costs.

58-2614.
Same; order; protest by city; recordation of order; costs.
Upon the hearing, if the board of county commissioners determines that notice has been given as required by this act, that the public will suffer no loss or inconvenience by such vacation and that no private rights will be injured or endangered thereby, the board shall order that such vacation be made and if the vacation is of a plat that such land shall be listed for taxation and for other purposes as though it had never been platted. If the planning commission holds the hearing, the commission shall make a recommendation regarding the vacation and submit such recommendation to the board in the same manner provided by K.S.A. 12-752, and amendments thereto, for submission and approval of recommendations regarding plats. No such vacation shall be granted if the governing body of any city having subdivision regulations applicable to the area in which the property is located, shall protest against such vacation. When only a portion of a street, alley or public reservation is proposed to be vacated, the petition shall not be granted if a written objection is filed with the county clerk by any owner of land which adjoins the portion to be vacated. The order of the board shall be entered on the records of proceedings of the board, and a certified copy thereof recorded in the office of the register of deeds of the county. Such order, if approving a vacation of a plat, street, alley, public easement or reservation shall protect and provide for the property rights of public utilities, rights-of-way, and easements for public service facilities then in existence and use. The costs of the proceedings, including publication and recording costs, shall be paid by the party or parties presenting the petition.
History: L. 1949, ch. 223, § 2; L. 1967, ch. 306, § 2; L. 1997, ch. 147, § 7; May 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2615 Same; act supplemental.

58-2615.
Same; act supplemental.
The provisions hereof shall be in addition to and supplemental to any and all other statutes providing for vacation of plats.
History:
L. 1949, ch. 223, § 3; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 26 - Townsites, Lots And Platted Lands › 58-2616 Vacation of Orsemus townsite in Kingman county.

58-2616.
Vacation of Orsemus townsite in Kingman county.
The original townsite of Orsemus, being all that part of the NW1/4 of section 25, township 29, range 6 west, lying south of the Missouri Pacific railway company right of way in Kingman county, Kansas, and the streets and alleys thereof, be, and the same are hereby vacated; and the land upon which said townsite and streets and alleys thereof were located, is hereby restored to its original description of the survey of the United States government for all purposes the same as if it had never been platted for a townsite.
History:
L. 1953, ch. 166, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2801 License; annual fee, fixing of amount by rules and regulations, limitation, proration for partial year; application; inactive license.

58-2801. License; annual fee, fixing of amount by rules and regulations, limitation, proration for partial year; application; inactive license.
(a) Every person, firm, partnership, association or corporation, which makes, compiles or completes and sells abstracts of title to real estate in the state of Kansas shall first secure and hold a valid license issued in accordance with the provisions of this act. The annual fee for each abstracter's license shall be fixed by the abstracters' board of examiners by rules and regulations in an amount not to exceed $75 for each year or part of a year. The board may establish rules and regulations for the proration of license fees for licenses to be effective for a period of time less than one year.
(b) The board shall determine annually the amount necessary to carry out and enforce the provisions of this act for the next ensuing year and shall fix the license fee for such year at the sum deemed necessary for such purposes. Such fee shall accompany the application for license and shall be returned to the applicant if the license is not issued. Every license issued under the provisions of this act shall expire on December 31 of the year for which issued. In the absence of any condition or reason which might warrant the refusal of the granting of a renewal license, the board shall issue a license each year upon receipt of a written request of the applicant together with the annual fee established by the board in accordance with the provisions of this section.
(c) The board may adopt rules and regulations which authorize the issuance of inactive licenses to licensees eligible for such inactive license in accordance with the rules and regulations. The license fee for an inactive license shall be the same as the annual fee for an abstracter's license established under this section.
History:
L. 1941, ch. 348, § 2; L. 1958, ch. 55, § 1 (Budget Session); L. 1970, ch. 222, § 1; L. 1983, ch. 186, § 1; L. 1985, ch. 187, § 1; L. 2012, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2804 Free access to county records.

58-2804.
Free access to county records.
For the purpose of operating a licensee's business of abstracting and the compiling, posting and keeping up of abstract books necessary for the proper conduct of the business, the licensee shall have free access to the county records of the several county offices, under the direct supervision of the county officers having legal custody of the records and while using the county records the licensee shall be under the same obligations to protect and carefully keep and preserve the records as the several county officers who have legal custody thereof, and subject to the same penalties for a violation thereof as the officer would be.
History:
L. 1941, ch. 348, § 5; L. 1983, ch. 186, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2805 Examinations; notice; fee; denial of license upon failure; second examination.

58-2805.
Examinations; notice; fee; denial of license upon failure; second examination.
(a) Any person, firm, partnership, association or corporation applying for a license under the provisions of this act may obtain the license by complying with the provisions of this act and by passing an examination conducted by the abstracters' board of examiners. No examination or any collateral written or verbal inquiry by the board shall require any applicant for a license to declare the city, county or other area of the state in which the applicant intends to engage in the practice of making, compiling and completing and selling abstracts of title to real estate in this state. The board shall hold at least two examinations each year, to be held at times and places to be fixed by the board. The board at least 30 days before the time fixed for the commencement of an examination shall give notice thereof by publication in the Kansas register. The fee for the examination shall be fixed by the board by rules and regulations in an amount adequate to cover the cost of the examination and shall be paid to the board at the time application is made for such examination. In the case of a firm, partnership, association or corporation, the examination need only be taken by the active manager or one of the active managers of the firm, partnership, association or corporation.
(b) If in the opinion of the board the applicant does not pass the examination, a license shall be denied, and the fee shall be retained by the board. An applicant who has failed to pass such examination may apply for and take a second examination after a period of six months has elapsed from the date of the previous examination.
(c) All examination fees charged and collected by the board on and after July 1, 1983, and prior to the effective date of this act are hereby specifically authorized and validated.
History:
L. 1941, ch. 348, § 6; L. 1975, ch. 295, § 1; L. 1981, ch. 324, § 16; L. 1983, ch. 186, § 4; L. 1985, ch. 187, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2806 Suspension or revocation of license; notice and hearing.

58-2806.
Suspension or revocation of license; notice and hearing.
The board, after notice and hearing conducted in accordance with the Kansas administrative procedure act, may suspend or revoke a license for a violation of any provision of this act, upon the conviction of a licensee for malicious destruction of public records, or for fraudulent practices.
History:
L. 1941, ch. 348, § 7; L. 1983, ch. 186, § 5; L. 1984, ch. 313, § 83; July 1, 1985.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2808 Seal of licensee.

58-2808.
Seal of licensee.
Each licensee under the provisions of this act shall provide a seal which shall have stamped thereon the name of the licensee, and the licensee shall deposit with the board an impression of the seal and the signatures of all persons authorized to sign on behalf of the licensee. The seal shall be impressed on each licensee's certificate and the certificate shall be signed by one of the persons whose signature is on file with the board.
History:
L. 1941, ch. 348, § 11; L. 1983, ch. 186, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2809 Violations by licensees unlawful.

58-2809.
Violations by licensees unlawful.
Any licensee who violates any of the provisions of this act shall be deemed guilty of a class C misdemeanor.
History:
L. 1941, ch. 348, § 12; L. 1983, ch. 186, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2810 Unlawful for county officers to prevent use of records.

58-2810.
Unlawful for county officers to prevent use of records.
Any county officer who prevents or prohibits any person who has complied with the provisions of this act from a proper use of the records of the office of the county officer as provided in K.S.A. 58-2804, and amendments thereto, shall be deemed guilty of a class C misdemeanor.
History:
L. 1941, ch. 348, § 13; L. 1983, ch. 186, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2811 Unlawful for abstracters to pay portions of charges made for services.

58-2811.
Unlawful for abstracters to pay portions of charges made for services.
It shall be unlawful for any licensed abstracter to pay any portion of the charge made for making, extending or certifying an abstract of title to real estate to any other person. Nothing in this section shall make it unlawful to pay a licensed abstracter for any services performed.
History:
L. 1953, ch. 298, § 1; L. 1983, ch. 186, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2812 Licenses not granted to applicants with corporate or business names duplicative of corporate or business names of licensees in counties where applicant to transact business; exception.

58-2812.
Licenses not granted to applicants with corporate or business names duplicative of corporate or business names of licensees in counties where applicant to transact business; exception.
No license to make, compile or complete and sell abstracts of title to real estate in Kansas shall be granted to any corporation hereafter applying for a corporate license under the provisions of article 28 of chapter 58 of the Kansas Statutes Annotated or acts amendatory of the provisions thereof or supplemental thereto where it appears that the corporate name duplicates or is quite similar to that of a duly qualified, active and existing corporation already licensed within the county where such corporate applicant desires to transact its business. Neither shall a license be granted to any individual, association, firm, person or partnership who shall choose a business name which duplicates or is similar to that of a presently licensed individual, association, firm, person or partnership actively engaged in abstracting within the county where such license applicant intends to do business, unless such name consists of, or is directly derived from, the name of an individual directly connected with the licensee.
History:
L. 1983, ch. 186, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 28 - Examination, Registration, Licensing And Bonding Of Abstracters › 58-2813 Prohibition on conducting abstracting business without full-time services of licensee.

58-2813.
Prohibition on conducting abstracting business without full-time services of licensee.
On and after July 1, 1985, no person, firm, partnership, association or corporation shall make, compile or complete and sell abstracts of title to real estate in the state of Kansas unless such person, firm, partnership, association or corporation is operated or managed on a full-time basis or employs on a full-time basis an individual licensed under the provisions of article 28 of chapter 58 of the Kansas Statutes Annotated or acts amendatory of the provisions thereof or supplemental thereto.
History:
L. 1983, ch. 186, § 12; July 1.