reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 3 - Duties And Liabilities Of Railroads And Other Carriers › 66-309 Notice to railroad upon failure to build fence.

66-309.
Notice to railroad upon failure to build fence.
Whenever a railroad corporation, or the lessee, person, company or corporation operating any railroad, shall neglect or refuse to build such fence as provided in this act, the owner or occupant of the lands adjoining such railroad, or over or through where the railroad track is or may be laid, may give notice in writing to such corporation, or the lessee thereof, or the persons operating such railroad, to build such fence within sixty days, except during the months of December and January, after the service of such notice. Such notice shall describe the lands on which said fence is required to be built. Service of such notice may be made by delivering the same to any ticket or station agent of said corporation or the person, corporation or lessees operating such railroad.
History: L. 1885, ch. 154, § 2; March 17; R.S. 1923, 66-309.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 3 - Duties And Liabilities Of Railroads And Other Carriers › 66-310 Landowner may build; recovery of value, interest and attorney's fee.

66-310.
Landowner may build; recovery of value, interest and attorney's fee.
If the party so notified shall refuse to build such fence in accordance with the provisions of this act, the owner or occupant of the land required to be fenced shall have the right to enter upon the land and track of said railroad company, and may build such fence; and the person so building such fence shall be entitled to the value thereof from such corporation or party operating or using such railroad, to be recovered with interest at the rate of one percent per month from the time such fence was built, together with a reasonable attorney's fee for the prosecution of any suit to recover the same.
History: L. 1885, ch. 154, § 3; March 17; R.S. 1923, 66-310.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 3 - Duties And Liabilities Of Railroads And Other Carriers › 66-311 Making fence hog-tight.

66-311.
Making fence hog-tight.
Any person owning or occupying land adjoining any railroad track of any railroad company shall have the right to attach to the fence constructed along the track or right-of-way of said railroad company any wires, boards or other materials so as to make the fence of said railroad company sufficient to prevent any hogs or pigs from getting upon the track of said railroad company.
History: L. 1885, ch. 154, § 4; March 17; R.S. 1923, 66-311.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 4 - Railroad Corporations › 66-410 Acceptance of grant; application to construction.

66-410.
Acceptance of grant; application to construction.
Laws 1864, chapter 79, included by reference. [The title to the act is as follows: "An act to accept a grant of lands made to the state of Kansas by the congress of the United States, to aid in the construction of certain railroads and telegraphs in said state, and to apply the same to construction of such roads and telegraphs." Section 1 of the act provided "The state of Kansas hereby accepts the grant of lands made to this state by the congress of the United States, by act entitled 'An act for a grant of lands in the state of Kansas, in alternate sections, to aid in the construction of certain railroads and telegraphs in said state,' approved March 3, 1863, upon the terms and conditions set forth in said act of congress." The act further provided land grants to the Leavenworth, Lawrence & Fort Gibson Railroad and Telegraph Company and the Atchison, Topeka & Santa Fe Railroad Company in consideration of construction and other provisions; and made provisions for the details of carrying this act into effect.]
History: L. 1864, ch. 79, §§ 1–7; G.S. 1868, ch. 84, §§ 1–7; R.S. 1923, 66-410.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 4 - Railroad Corporations › 66-411 Grant and sale.

66-411.
Grant and sale.
Laws 1866, chapter 61, sections 1, 2, 3, 5, 6, 7, 8, 9 and 10, and Laws 1869, chapter 82, section 1 (amending and repealing section 4 of said act), included by reference. [The title to the act is as follows: "An act providing for the sale of public lands to aid in the construction of certain railroads." Section 1 of the act is in part as follows: "That the five hundred thousand acres of land donated and granted to the state of Kansas by act of congress entitled 'An act to appropriate the proceeds of the sale of the public lands, and to grant preemption rights,' approved September 4, 1841, which was located by commissioners .... said selections approved by the secretary of the interior, A.D. 1864, and lists of which are recorded in the office of the secretary of state, shall be set apart to be sold for the benefit of each of the railroad companies hereinafter mentioned." .... Act further provided that the proceeds arising from the sale of land be donated to the Northern Kansas Railroad Company, the Kansas & Neosho Valley Railroad Company, the Union Pacific Railway, southern branch, and the Leavenworth, Lawrence & Fort Gibson Railroad Company; further provided for the appointment of commissioners by the railroad, the appointment of an agent by the governor and other stipulations, and provisions for carrying the act into effect.]
History: L. 1866, ch. 61, §§ 1–10; G.S. 1868, ch. 84, p. 888, §§ 1–10; L. 1869, ch. 82, § 1; R.S. 1923, 66-411.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-521 Same; to whom payment made.

66-521.
Same; to whom payment made.
If such car or cars of coal shall have been billed to shipper's order, then payment shall be made to the person or persons, firm or corporation for whom such coal was intended.
History:
L. 1907, ch. 282, § 2; February 23; R.S. 1923, 66-521.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-522 Same; attorney's fee, when.

66-522.
Same; attorney's fee, when.
In case payment for such car or cars of coal shall not be made within thirty days after the same has been confiscated, converted or diverted to the use of any railroad company or common carriers, then the consignee may recover a reasonable attorney fee, in addition to the amount provided in K.S.A. 66-520.
History:
L. 1907, ch. 282, § 3; February 23; R.S. 1923, 66-522.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-523 Interstate bridges and ferries across Missouri river.

66-523.
Interstate bridges and ferries across Missouri river.
Any railroad company in the states of Missouri and Kansas, running to the Missouri river, dividing the state of Missouri from the state of Kansas, shall have the right to construct bridges and maintain ferries across the Missouri river. Said companies shall construct the necessary draws to said bridges, so as not to interfere with the navigation of the river; but such bridges and ferries shall not be used for any other purpose than for the crossing of freight and passengers transported on said road.
History:
L. 1864, ch. 28, § 1; G.S. 1868, ch. 84, p. 888, § 1; R.S. 1923, 66-523.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-524 Railroad policemen; appointment; approval by attorney general; power and authority.

66-524.
Railroad policemen; appointment; approval by attorney general; power and authority.
Any railroad company may appoint one (1) or more persons to be designated by such railroad company as a railroad policeman to aid and supplement the law enforcement agencies of this state in the protection of railroad property and the protection of the persons and property of railroad passengers and employees: Provided, That the appointment of any such person as a railroad policeman shall be subject to the approval of the attorney general of this state or any person that he might designate for such purpose. While engaged in the conduct of his employment, each railroad policeman so appointed shall possess and exercise all law enforcement powers in every city and county of this state which are prescribed by law for the sheriffs of the several counties and for the police officers and city marshals of any city. Each railroad policeman shall carry upon his person at all times while engaged in the conduct of his duties an identification card setting forth the date of his appointment and signed by the attorney general or his designated agent.
History:
L. 1969, ch. 181, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-532 Definitions.

66-532.
Definitions.
As used in this act:
(a) "Good faith" means honesty in fact in the conduct of the transaction concerned;
(b) "improvement" means any public grain warehouse, building or other structure permanently affixed to railroad land;
(c) "lease" means any agreement between a railroad and a tenant, under the terms of which a tenant occupies the surface of railroad land, which shall include track leases when the railroad is a class II or class III railroad as defined in 49 C.F.R. § 1201.1-1(a);
(d) "person" includes an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association or any other legal or commercial entity and any successor or successors in interest thereto;
(e) "public grain warehouse" means any public warehouse or public grain warehouse, as defined in K.S.A. 34-223, and amendments thereto;
(f) "railroad" means any railroad company as defined in K.S.A. 66-2,123, and amendments thereto, and any successor or successors in interest thereto;
(g) "railroad land" means any land acquired by a railroad in strips for right-of-way and any parcel or tract acquired by a railroad adjacent to its right-of-way, to aid in the construction, maintenance and accommodation of its railway and which is occupied pursuant to a lease by a tenant who owns improvements thereon;
(h) "railroad operations" means the movement, storage or servicing of railroad equipment used for transporting persons or freight;
(i) "successor in interest" includes any agent, successor, assignee, trustee, receiver or other person acquiring interests or rights in railroad land, including, but not limited to, the owner or holder of any servient estate or right of reversion relating to railroad land; and
(j) "tenant" means any public warehouseman, as defined in K.S.A. 34-223, and amendments thereto, or other person primarily engaged in the sale or distribution of fertilizer or agricultural chemicals used or useful in the production of agricultural crops, occupying railroad land in good faith pursuant to a lease.
History:
L. 1998, ch. 158, § 2; L. 2005, ch. 21, § 10; L. 2008, ch. 30, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-533 Lease; requirements and conditions.

66-533.
Lease; requirements and conditions.
(a) A lease shall contain terms and conditions which are reasonable and just, and shall provide for a fair lease rental.
(b) Unless otherwise agreed by the parties to a lease, a lease shall be for a term of not less than one year.
(c) A lease may not be terminated prior to the end of its term, except: (1) By agreement of the parties; (2) by reason of a party's breach or default in the performance of the terms and conditions of the lease, where the defaulting party has been given written notice of default and a reasonable opportunity to cure the default, but has failed to do so; or (3) where the railroad land which is subject to the lease is reasonably needed by the railroad for railroad operations.
(d) A lease may not require that one party to the lease indemnify, defend or hold the other party to the lease harmless for liabilities caused by the other party's negligence.
(e) A lease may require the tenant to remove the tenant's improvements upon termination of the lease, in which event the tenant shall have not less than six months following termination of the lease to remove such improvements, and until such improvements have been removed, the tenant shall pay monthly rent based on the annual rent specified in the lease.
(f) A lease may provide for the imposition of a penalty and a reasonable rate of interest, and interest may accrue if the tenant fails to pay the lease rental when due under the terms of the lease. If a dispute arises as to the lease rental provided in a lease renewal, no penalty shall be imposed and no interest shall accrue during the time when the dispute is being resolved pursuant to K.S.A. 66-534 and amendments thereto, if the tenant remains current on the rental required by the preceding lease.
History:
L. 1998, ch. 158, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-534 Resolution of disputes.

66-534.
Resolution of disputes.
(a) All disputes regarding lease terms and conditions shall be resolved by negotiation, mediation or, if necessary, by court action, as provided in this act.
(b) The parties shall first negotiate in good faith to resolve each such dispute. If each such dispute has not been resolved by negotiation within 60 days after negotiation is requested in writing, then upon the written request of either party, the parties shall agree upon an independent, qualified mediator to assist the parties in the resolution of each such dispute. If the parties are unable to agree upon a mediator within 30 days after such written request, then upon application of either party, the district court shall appoint an independent, qualified mediator to assist the parties in the resolution of each such dispute.
(c) If the parties are not successful in resolving a dispute arising under a lease through negotiation and mediation, as provided in this section, either party may commence an action in district court to resolve the dispute.
(d) In any determination of fair lease rental of the railroad land, the value of improvements owned by the tenant shall not be considered.
History:
L. 1998, ch. 158, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-535 Tenant rights; sale or abandonment by railroad, procedure.

66-535.
Tenant rights; sale or abandonment by railroad, procedure.
(a) If a railroad unreasonably refuses to renew a lease, whether or not the tenant is required to remove its improvements pursuant to the terms of the lease, or if a railroad terminates a lease pursuant to subsection (c)(3) of K.S.A. 66-533 and amendments thereto, the tenant under the lease shall not be ejected from the railroad land, unless and until the tenant is fully compensated by the railroad for the tenant's improvements.
(b) In the event any railroad land is sold, any lease shall be assigned to the purchaser as part of the transaction, and the purchaser shall succeed to the rights and obligations of the railroad under the lease and the provisions of this act.
(c) In the event any railroad land is abandoned by a railroad, any person establishing a superior right or title to such railroad land shall be deemed to be a successor in interest to the railroad for purposes of this act and shall succeed to the rights and obligations of the railroad under the lease and the provisions of this act. The tenant shall not be dispossessed by any such person unless and until the tenant is fully compensated by such person for the tenant's improvements, except that such person shall have the right to set off any obligation then due to such person from the tenant under the lease.
(d) Any dispute as to the amount of full compensation or as to a railroad's unreasonable refusal to renew a lease, shall be resolved in the manner provided in K.S.A. 66-534 and amendments thereto.
History:
L. 1998, ch. 158, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-536 Determination of unconscionability of lease or provisions thereof, procedure.

66-536.
Determination of unconscionability of lease or provisions thereof, procedure.
In any action involving a dispute arising out of a lease, if unconscionability is put into issue by a party or by the court, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the lease or any provision thereof to aid the court in making the determination. If a court, as a matter of law, finds a lease or any provision thereof was unconscionable when made, the court may refuse to enforce the lease, enforce the remainder of the lease without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result.
History:
L. 1998, ch. 158, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-537 Application of act.

66-537.
Application of act.
The provisions of this act shall not apply to or affect any valid lease entered into prior to the effective date of this act or to any renewal or extension thereof on the same terms and conditions, but the provisions of this act shall apply to and govern any renewal or extension of such lease on any different term or condition or any material modification of any such lease where such renewal, extension or material modification is effected on or after the effective date of this act.
History:
L. 1998, ch. 158, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 5 - Powers Of Railroad Companies › 66-538 Severability clause.

66-538.
Severability clause.
The provisions of this act are hereby declared to be severable. If any provision of this act shall be found by the decision of a court of competent jurisdiction to be invalid or unenforceable, such decision shall not affect the validity of any other provision of this act.
History:
L. 1998, ch. 158, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 8 - Foreclosure Proceedings › 66-801 Action to enforce mortgage or deed of trust; sale by sheriff; confirmation by court; sheriff's deed.

66-801.
Action to enforce mortgage or deed of trust; sale by sheriff; confirmation by court; sheriff's deed.
In actions to enforce a mortgage or deed of trust executed by any railroad company upon its railroad or other property, or any portion thereof, if the property mortgaged shall be situated in more than one county in this state the district court of any one of such counties shall have jurisdiction to render judgment against such company for the amount found due in the same manner as is now provided by law concerning other debts secured by mortgage on real property, and to decree and enter an order for the sale of said mortgaged property, and to provide for the terms and method of payment of the purchase price of the property ordered to be sold; which order shall be directed to the sheriff of any or either of the counties in which said mortgaged property is situated. And the sheriff to whom such order may be directed shall have power to sell the whole of said property pursuant to the order of the court, and make return of his proceedings in the same manner as may be provided by law in ordinary cases of the foreclosure of mortgages upon real estate; and upon the coming into court of the return of the sale by the sheriff, if the same shall be found to have been made in compliance with the order of the court, the court shall thereupon confirm the sale, vesting in the purchaser title to the property sold, and order the execution of a deed by the sheriff, as in the case of the sale of real estate upon execution or other final process.
History: L. 1876, ch. 108, § 1; March 2; R.S. 1923, 66-801.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 8 - Foreclosure Proceedings › 66-802 Same; rights of purchasers.

66-802.
Same; rights of purchasers.
In case of the sale of any railroad or railroads, or any part thereof, constructed or in process of construction, made in pursuance of the judgment of any court of competent jurisdiction, foreclosing any mortgage or deed of trust heretofore or hereafter executed by any railroad corporation, the person or persons acquiring title under such sale, and their associates, successors and assigns, shall have and acquire thereby, and may thereafter exercise and enjoy all the rights, privileges, grants, franchises, immunities and advantages in and by such mortgage or deed of trust conveyed which belonged to and were enjoyed by the company making such mortgage or deed of trust, so far as the same relate and appertain to that portion of the railroad or line thereof mentioned and described in and conveyed by said mortgage or deed of trust, and no further, as fully and absolutely in all respects as the corporators, shareholders, officers and agents of such company might, or could have exercised and enjoyed had no such sale or purchase been made; and such purchaser or purchasers, their associates, successors or assigns, may proceed to organize anew and elect directors, distribute and dispose of stock, take the same or another name, and may conduct their business generally under and in the manner provided in the charter in such original company, or in the laws relating thereto, with such variations in manner and form of organization as their altered circumstances may seem to require: Provided, however, That no greater or enlarged powers shall be exercised by the new organization than are conferred by the charter of such original company: And provided further, That such new company shall file in the office of the secretary of state a certificate, in substance setting forth the facts required by K.S.A. 17-210 [*]: And provided further, That such new company shall be subject to all the obligations to the state or to the public as the original corporation: And provided further, That such reorganization shall in no wise affect any liability against the old corporation existing at the time of the organization of said new company.
History:
L. 1876, ch. 110, § 1; May 1; R.S. 1923, 66-802.
* Section now repealed, see 17-6002.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 8 - Foreclosure Proceedings › 66-803 Time for sale.

66-803.
Time for sale.
In all cases of foreclosure of mortgages or deeds of trust heretofore executed (or that shall hereafter be executed) by any railway company organized under the laws of this state, or of the territory of Kansas, upon the property or franchises of such company, whether the same shall be now pending or shall be hereafter commenced, no sale shall take place at the instance of the trustee named in said mortgages or deeds of trust by virtue of any judgment, decree or interlocutory order entered therein, until after the expiration of three years from the entry or docketing thereof, except as hereinafter provided.
History: L. 1876, ch. 111, § 1; March 16; R.S. 1923, 66-803.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 8 - Foreclosure Proceedings › 66-804 Same; hastening date; petition.

66-804.
Same; hastening date; petition.
If after the entry of said judgment, decree or interlocutory order, a majority of all the holders in amount of bonds issued in pursuance of the terms of the mortgage or deed of trust by virtue of which the foreclosure proceedings are had and the judgment obtained shall petition the trustee named in such mortgage or deed of trust to proceed to such sale, and said trustee shall file the said petition with the clerk of the court in which said judgment, decree or order has been entered or docketed, the complainant in such suit may proceed to sell the property and franchises covered by said mortgages or deeds of trust, in accordance with the terms thereof or as directed by the court.
History: L. 1876, ch. 111, § 2; March 16; R.S. 1923, 66-804.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 8 - Foreclosure Proceedings › 66-805 Same; execution of petition.

66-805.
Same; execution of petition.
In case any person other than the owner of said bonds shall sign such petition, representing himself as the agent, trustee or proxy of said owner, his authority for signing the same shall be in writing or printed and executed by the owner of said bonds, and be duly acknowledged before some notary public, and shall be attested by the signature and official seal of such notary.
History: L. 1876, ch. 111, § 3; March 16; R.S. 1923, 66-805.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 8 - Foreclosure Proceedings › 66-806 Same; appointment of receiver.

66-806.
Same; appointment of receiver.
If at the time of the entry of such judgment, decree or order no receiver shall have been appointed by the court in which the suit is pending, it shall be the duty of the court to appoint a receiver to take charge of, manage, control and operate the property of said railway company, who shall be subject to the order of the court, and possess and exercise all the powers and duties of receivers generally, together with such special powers and duties as the said court shall delegate to him. If at the time of the entry of such judgment, decree or order, a receiver shall have been heretofore appointed, the court may continue him as such receiver, with all the powers and duties as hereinbefore indicated.
History: L. 1876, ch. 111, § 4; March 16; R.S. 1923, 66-806.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 8 - Foreclosure Proceedings › 66-807 Same; sale contrary to act void.

66-807.
Same; sale contrary to act void.
Any sale made contrary to the provisions of this act shall be absolutely void, and shall convey no title or interest whatever to any purchaser.
History: L. 1876, ch. 111, § 5; March 16; R.S. 1923, 66-807.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 9 - Eminent Domain › 66-908 State lands subject to appropriation.

66-908.
State lands subject to appropriation.
Any duly authorized and chartered railway corporation shall have the same power to condemn for its use lands owned by the state or in which the state has an interest that it has to condemn lands owned by an individual: Provided, however, That such lands are not used by the state for any of its institutions or for other public purposes.
History: L. 1903, ch. 392, § 1; March 11; R.S. 1923, 66-908.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 9 - Eminent Domain › 66-909 Same; procedure; notice.

66-909.
Same; procedure; notice.
Such condemnation shall be made in the same manner and upon the same terms as is now provided for the condemnation of the lands of individuals by railway companies, with the following exception: Thirty days' personal notice shall be served upon the secretary of state of the time and place of meeting of the county commissioners or commissioners appointed by the district court to make the condemnation, giving a description of the state lands through which the condemnation is to be made.
History: L. 1903, ch. 392, § 2; March 11; R.S. 1923, 66-909.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 9 - Eminent Domain › 66-910 Same; appeal from award.

66-910.
Same; appeal from award.
An appeal from the condemnation award may be taken by the governor in the name of the state, by the service of notice of appeal as provided in K.S.A. 26-508 without the giving of an appeal bond.
History:
L. 1903, ch. 392, § 3; R.S. 1923, 66-910; L. 1963, ch. 234, § 82; January 1, 1964.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 9 - Eminent Domain › 66-911 Condemnation by electric railways.

66-911.
Condemnation by electric railways.
When necessary to enter upon and use private property in the construction or operation of their railway tracks, sidetracks, turnouts and switches or for the construction of bridges or viaducts or approaches thereto, street, suburban and interurban railway companies shall have and are hereby given the power of eminent domain; and the procedure and methods of appropriation and of determination of the compensation to be paid for such private property shall be in accordance with K.S.A. 26-501 to 26-516, inclusive.
History:
L. 1905, ch. 357, § 1; L. 1917, ch. 124, § 1; R.S. 1923, 66-911; L. 1963, ch. 234, § 83; January 1, 1964.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1201 Erection of overhead crossing or viaduct.

66-1201.
Erection of overhead crossing or viaduct.
It shall be unlawful for any person, corporation or municipality to erect, build or construct any overhead crossing or viaduct over and across the tracks or right of way of any railroad or railway company, without providing a clear space or clearance of not less than 22 feet from the top of the rail or rails of such railroad or railway tracks to the lowest girder under said elevated structure.
History:
L. 1915, ch. 281, § 1; May 22; R.S. 1923, 66-1201.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1202 Action to enjoin erection of unlawful structure.

66-1202.
Action to enjoin erection of unlawful structure.
It shall be the duty of the attorney general, on complaint of any citizen of the state that such unlawful structure is being erected, to bring an action in the name of the state, in any court of competent jurisdiction, to enjoin the erection of any such structure not having the clearance provided for in section 1 [66-1201].
History:
L. 1915, ch. 281, § 2; May 22; R.S. 1923, 66-1202.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1203 Demurrage rates.

66-1203.
Demurrage rates.
Every railroad corporation doing business in the state of Kansas is hereby prohibited from using or employing a common agent, bureau, corporation or concern of two or more independent railroad corporations to make or collect demurrage rates for any of such railroad corporations, and all railroad corporations, their agents, bureaus, corporations, partnerships and associations are prohibited from making, fixing, circulating, furnishing or settling said demurrage rates for any railroad corporation doing business in the state of Kansas.
History: L. 1907, ch. 279, § 1; March 14; R.S. 1923, 66-1203.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1204 Same; penalty.

66-1204.
Same; penalty.
Every railroad corporation, bureau, corporation, association or partnership, and every person, officer, agent and employee thereof, violating any of the provisions of K.S.A. 66-1203, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars for each offense.
History: L. 1907, ch. 279, § 2; March 14; R.S. 1923, 66-1204.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1205 Same; prosecution.

66-1205.
Same; prosecution.
It is made the duty of the attorney general, on obtaining information of any violation of the provisions of this act, at once to commence criminal action for the punishment of the offender.
History: L. 1907, ch. 279, § 3; March 14; R.S. 1923, 66-1205.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1209 Railroad taxes; cancellation upon certain conditions.

66-1209.
Railroad taxes; cancellation upon certain conditions.
Whenever it is made to appear to the satisfaction of the board of county commissioners of any county in this state that any corporation, company or person has operated a railroad in the state of Kansas for not less than ten years, and has paid all taxes on its property and right of way assessed for said ten years, and thereafter has ceased to operate said railroad for two years, because it did not have sufficient money to do so, and the taxes on such property and right of way have not been paid for a period of five (5) years, such county commissioners may cancel said taxes for said last five (5) years, when said railroad company, or its receiver, or legal representatives, resumes operation of said railroad in the state of Kansas.
History:
L. 1923, ch. 174, § 1; June 9; R.S. 1923, 66-1209.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1213a Affiliated interests; loan or pledge of credit.

66-1213a.
Affiliated interests; loan or pledge of credit.
Any public utility subject to the jurisdiction of the state corporation commission which loans its funds or pledges its credit to any person or entity having an affiliated interest shall report the terms and conditions of such loan or pledge of credit to the state corporation commission within 10 days after making such loan or pledging such credit.
History:
L. 2000, ch. 11, § 1; March 23.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1214 Payment of dividends prohibited, when; hearing.

66-1214.
Payment of dividends prohibited, when; hearing.
The state corporation commission, if it shall determine on complaint or upon its own initiative, and after hearing on due notice in accordance with the provisions of the Kansas administrative procedure act, that the payment of any dividend by a public utility company subject to the jurisdiction of the commission will impair the financial condition of such company so that such company cannot maintain its property in reasonably efficient operating condition and render adequate service to its patrons at reasonable rates, shall enter an order prohibiting the payment of such dividends until such time as such company has shown to the commission that the conditions upon which such order was based have ceased to exist.
History:
L. 1933, ch. 88, § 2 (Special Session); L. 1988, ch. 356, § 264; July 1, 1989.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1215 Judicial review.

66-1215.
Judicial review.
The provisions of chapter 66 of the Kansas Statutes Annotated, relative to review of orders of the commission, and penalties for violation of orders of the commission shall be applicable to the provisions of this act.
History:
L. 1933, ch. 88, § 3 (Special Session); L. 1986, ch. 318, § 125; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1216 "Affiliated interest" defined.

66-1216.
"Affiliated interest" defined.
For the purpose of this act, the term "affiliated interest" shall include the interest so designated and defined in K.S.A. 74-602a.
History:
L. 1933, ch. 88, § 4 (Special Session); November 27.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1217 Recordation of real and personal property mortgages or security interests in fixtures made by railroad and utility companies; filing with secretary of state, when; liens.

66-1217.
Recordation of real and personal property mortgages or security interests in fixtures made by railroad and utility companies; filing with secretary of state, when; liens.
Any mortgage of real property or of both real property and personal property, including fixtures, or a security interest in fixtures alone, made by a corporation which is a railroad company as defined in K.S.A. 66-2,123, and amendments thereto, or a public utility as defined in K.S.A. 66-104, and amendments thereto, shall be recorded in the office of the register of deeds of the county or counties in which the real property is located, and when so recorded shall be a lien on the real property and fixtures described in the mortgage or security agreement from the time of recording. If the instrument so provides, the instrument shall be a lien on any real property and fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition. If such mortgage or security agreement includes personal property, a copy of such mortgage or security agreement certified as true by the debtor or creditor, or an officer of either, shall also be filed with the secretary of state in accordance with part 5 of article 9 of the uniform commercial code, and amendments thereto, and accompanied by the form prescribed by K.S.A. 84-9-521(a), and amendments thereto, which must indicate in box 10 of the form that the lien is filed in accordance with this section. When so filed the mortgage or security agreement shall be a lien on such property described in such mortgage or security agreement from the time of such filing, and if the instrument so provides, shall be a lien on any property thereafter acquired subject to the mortgage or security agreement from the time of acquisition. The lien thereon shall be enforceable in accordance with the laws of this state governing mortgages of real estate. No other recording or filing of any such instrument shall be necessary, notwithstanding the provisions of any other statute. The instrument shall be effective upon the record until terminated and the filing officer shall remove the record one year after termination.
History:
L. 1965, ch. 392, § 1; L. 2002, ch. 159, § 3; L. 2005, ch. 21, § 11; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1218 Same; filing mortgages or security agreements heretofore filed with register of deeds; effect.

66-1218.
Same; filing mortgages or security agreements heretofore filed with register of deeds; effect.
Any mortgage or security agreement required by K.S.A. 66-1217 to be filed with the secretary of state, that has been heretofore recorded in the office of the register of deeds of any county or counties in this state, shall be filed in the office of the secretary of state within thirty (30) days after the effective date of this act, and such filing shall thereafter be of the same effect as if the instrument had been originally filed in said office of the secretary of state.
History:
L. 1965, ch. 392, § 2; January 2, 1966.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1219 Same; file maintained by secretary of state; fee.

66-1219.
Same; file maintained by secretary of state; fee.
The secretary of state shall maintain a file for mortgages, security agreements, and releases thereof of railroads and public utilities filed pursuant to this act. The secretary of state shall charge the same filing and information retrieval fees and credit the amounts in the same manner as financing statements filed under part 5 of article 9 of the uniform commercial code and amendments thereto.
History:
L. 1965, ch. 392, § 3; L. 2002, ch. 159, § 4; May 23.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1220a Disclosure of trade secrets and confidential information, when.

66-1220a.
Disclosure of trade secrets and confidential information, when.
(a) The state corporation commission shall not disclose to or allow inspection by anyone, including, but not limited to, parties to a regulatory proceeding before the commission, any information which is a trade secret under the uniform trade secrets act (K.S.A. 60-3320 et seq., and amendments thereto) or any confidential commercial information of a corporation, partnership or individual proprietorship regulated by the commission unless the commission finds that disclosure is warranted after consideration of the following factors:
(1) Whether disclosure will significantly aid the commission in fulfilling its functions;
(2) the harm or benefit which disclosure will cause to the public interest;
(3) the harm which disclosure will cause to the corporation, partnership or sole proprietorship; and
(4) alternatives to disclosure that will serve the public interest and protect the corporation, partnership or sole proprietorship.
(b) If the state corporation commission finds that disclosure is warranted pursuant to subsection (a), the commission shall give the corporation, partnership or individual proprietorship notice before disclosing the trade secret or confidential commercial information.
History:
L. 1984, ch. 187, § 15; L. 2005, ch. 67, § 10; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1222 Citizens' utility ratepayer board; establishment; composition; terms; organization; meetings; compensation and expenses; powers and duties.

66-1222.
Citizens' utility ratepayer board; establishment; composition; terms; organization; meetings; compensation and expenses; powers and duties.
(a) There is hereby established a citizens' utility ratepayer board which shall consist of five members appointed by the governor. Subject to the provisions of K.S.A. 75-4315c, the governor shall appoint one member from each congressional district and the remainder from the state at large. The members of the board shall serve for a term of four years. All vacancies in office of members so appointed shall be filled by appointment by the governor for the unexpired term of the member creating the vacancy.
(b) The board shall organize annually by the election from its membership of a chairperson and shall adopt such rules of procedure as the board deems necessary for conducting its business.
(c) The board shall hold such meetings as in its judgment may be necessary for the performance of its powers, duties and functions. Appointive members of the board shall receive compensation, subsistence allowances, mileage and other expenses for attending meetings of the board as provided by K.S.A. 75-3223, and amendments thereto.
(d) The state corporation commission shall provide such technical and clerical staff assistance as may be requested by the board in the administration of the provisions of this act.
(e) The board shall administer this act and shall have and may exercise the following powers, duties and functions:
(1) Employ an attorney as a consumer counsel;
(2) guide the activities of the consumer counsel; and
(3) recommend legislation to the legislature which in the board's judgment would positively affect the interests of utility consumers.
History:
L. 1989, ch. 162, § 3; L. 1991, ch. 205, § 1; L. 1992, ch. 262, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1223 Consumer counsel, powers.

66-1223.
Consumer counsel, powers.
The consumer counsel may do the following:
(a) Represent residential and small commercial ratepayers before the state corporation commission;
(b) function as an official intervenor in cases filed with the state corporation commission, including rate increase requests;
(c) initiate actions before the state corporation commission;
(d) represent residential and commercial ratepayers who file formal utility complaints with the state corporation commission;
(e) intervene in formal complaint cases which would affect ratepayers; and
(f) make application for a rehearing or seek judicial review of any order or decision of the state corporation commission.
History:
L. 1989, ch. 162, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1224 Limit on jurisdiction of board and counsel.

66-1224.
Limit on jurisdiction of board and counsel.
Neither the board or the consumer counsel shall have the power or authority concerning any action taken by an electric or telephone cooperative with a membership of less than 15,000.
History:
L. 1989, ch. 162, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1225 Budgeting, purchasing and management functions; expenditures; financing.

66-1225.
Budgeting, purchasing and management functions; expenditures; financing.
All budgeting, purchasing and related management functions of the citizens' utility ratepayer board shall be administered under the direction and supervision of the board. All vouchers for expenditures from appropriations made for the use of the board shall be approved by the chairperson of the board or by a person or persons designated by the chairperson for such purpose. The budget of the board shall be financed in the same manner as the budget of the state corporation commission is financed, except that no assessments for financing the budget of the board shall be levied against electric or telephone cooperatives specified in K.S.A. 66-1224, and amendments thereto.
History: L. 1989, ch. 162, § 6; L. 1991, ch. 205, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1225a Citizens' utility ratepayer board; negotiation for contracts for professional services; negotiating committee.

66-1225a.
Citizens' utility ratepayer board; negotiation for contracts for professional services; negotiating committee.
(a) The citizens' utility ratepayer board is hereby authorized to negotiate for contracts for professional services. Professional services which are required to be assessed under K.S.A. 66-1502, and amendments thereto, against the public utilities involved, include, but are not limited to, the services of engineers, accountants, attorneys and economists, in order to assist in preparing and presenting the expert testimony or otherwise carrying out the duties of the board.
(b) The negotiation for the contracts shall be performed by a negotiating committee which shall consist of the following: (1) The consumer counsel of the citizens' utility ratepayer board or the consumer counsel's designee; (2) the director of the budget or that director's designee; (3) the director of accounts and reports or that director's designee; and (4) the chairperson of the citizens' utility ratepayer board or the chairperson's designee. The consumer counsel of the citizens' utility ratepayer board or the consumer counsel's designee shall convene the negotiating committee for each such contract. The negotiating committee is authorized to negotiate for the contract for the professional services with qualified parties to provide services needed by the board. The negotiating committee shall consider all proposals by parties applying to perform such contract and award the contract to the best qualified party.
(c) Contracts entered into under this section shall not be subject to the provisions of K.S.A. 75-3739 or 75-37,102, and amendments thereto.
History:
L. 2008, ch. 122, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1227 Energy efficiency of buildings; standards.

66-1227.
Energy efficiency of buildings; standards.
(a) The International Energy Conservation Code 2006 (IECC 2006) is hereby adopted as the applicable energy efficiency standard for new commercial and industrial structures in this state.
(b) The state corporation commission has no authority to adopt or enforce energy efficiency standards for residential, commercial or industrial structures.
(c) Nothing in this section shall be construed to preclude a city or county from adopting or enforcing energy efficiency standards for structures within the jurisdiction of such city or county.
History:
L. 1997, ch. 132, § 17; L. 2003, ch. 86, § 1; L. 2007, ch. 100, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1229 Utility bills, visually impaired or blind customers.

66-1229.
Utility bills, visually impaired or blind customers.
On and after July 1, 2000, upon request of a visually impaired or blind customer, any provider of sewer, water, electric, gas or telephone service, or any provider of two or more of such services, whether public or private, shall provide the customer's bills, indicating usage and the amount owed, in one of the following formats, as agreed to by the customer and the service provider: Braille, print of not less than 24-point type or audio. The provision of such bills in an alternative format shall be at no additional charge to the customer making the request.
History:
L. 2000, ch. 21, § 1; March 30.