reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3612 Definitions.

58-3612.
Definitions.
In this act:
(1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose or any other purpose the achievement of which is beneficial to the community.
(2) "Endowment fund" means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.
(3) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(4) "Institution" means:
(A) A person, other than an individual, organized and operated exclusively for charitable purposes;
(B) a government or governmental subdivision, agency or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; or
(C) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(5) "Institutional fund" means a fund held by an institution exclusively for charitable purposes. The term does not include:
(A) Program-related assets;
(B) a fund held for an institution by a trustee that is not an institution; or
(C) a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) "Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
History:
L. 2008, ch. 20, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3614 Appropriation for expenditure or accumulation of endowment fund; rules of construction.

58-3614.
Appropriation for expenditure or accumulation of endowment fund; rules of construction.
(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes and duration for which the endowment fund is established. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(1) The duration and preservation of the endowment fund;
(2) the purposes of the institution and the endowment fund;
(3) general economic conditions;
(4) the possible effect of inflation or deflation;
(5) the expected total return from income and the appreciation of investments;
(6) other resources of the institution; and
(7) the investment policy of the institution.
(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument must specifically state the limitation.
(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income," "interest," "dividends," or "rents, issues, or profits," or "to preserve the principal intact," or words of similar import:
(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(2) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a).
History:
L. 2008, ch. 20, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3615 Delegation of management and investment functions.

58-3615.
Delegation of management and investment functions.
(a) Subject to any specific limitation set forth in a gift instrument or in law other than this act, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(1) Selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subsection (a) is not liable for the decisions or actions of an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers or employees as authorized by law of this state, other than this act.
History:
L. 2008, ch. 20, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3617 Reviewing compliance.

58-3617.
Reviewing compliance.
Compliance with this act is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
History:
L. 2008, ch. 20, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3618 Application to existing institutional funds.

58-3618.
Application to existing institutional funds.
This act applies to institutional funds existing on or established after the effective date of this act. As applied to institutional funds existing on the effective date of this act this act governs only decisions made or actions taken on or after that date.
History:
L. 2008, ch. 20, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3619 Relation to electronic signatures in global and national commerce act.

58-3619.
Relation to electronic signatures in global and national commerce act.
This act modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101 of that act, 15 U.S.C. section 7001(a), or authorize electronic delivery of any of the notices described in section 103 of that act, 15 U.S.C. section 7003(b).
History:
L. 2008, ch. 20, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3620 Uniformity of application and construction.

58-3620.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2008, ch. 20, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3621 Citation of act; purpose.

58-3621. Citation of act; purpose.
(a) K.S.A. 2023 Supp. 58-3621 through 58-3625, and amendments thereto, shall be known and may be cited as the donor intent protection act.
(b) The purpose of K.S.A. 2023 Supp. 58-3621 through 58-3625, and amendments thereto, is to provide legal recourse to an individual charitable donor when the donor's gift restrictions pursuant to an endowment agreement with a recipient charitable organization that governs an endowment fund containing only property gifted by such donor are not followed by the recipient charitable organization.
History:
L. 2023, ch. 45, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3622 Definitions.

58-3622. Definitions.
For purposes of K.S.A. 2023 Supp. 58-3621 through 58-3625, and amendments thereto:
(a) "Charitable organization" means an organization organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, educational or other specified purposes and that is exempt from federal income taxation as an entity described in section 501(c)(3) of the federal internal revenue code and maintains its principal office in Kansas.
(b) "Donor" means an individual who has made a gift of property to an existing endowment fund of a charitable organization or that establishes a new endowment fund of the charitable organization pursuant to terms of an endowment agreement that may include donor-imposed restrictions or conditions governing the use of the gifted endowment property or funds.
(c) "Donor-imposed restriction" means a written statement within an endowment agreement or institutional solicitation that specifies obligations on the management or purpose of the property gifted by the donor that are imposed by or accepted by the donor of the gift as a condition of the charitable organization's receipt of property pursuant to an endowment agreement.
(d) "Endowment agreement" means a written agreement between a donor and a charitable organization that gifts an endowment fund to a charitable organization or gifts property to an endowment fund of a charitable organization, and such donor is the only donor gifting such endowment fund or property to an endowment fund. An "endowment agreement" may include donor-imposed restrictions or conditions governing the use of the gifted endowment property or fund.
(e) "Endowment fund" means an institutional fund that, under the terms of an endowment agreement, is not wholly expendable by the charitable institution on a current basis and that only contains property gifted by a single donor. "Endowment fund" does not include assets that the charitable institution designates as an endowment fund for its own use.
(f) "Legal representative" means the administrator or executor of an individual's estate, a surviving spouse if there is a judicial settlement of the accounts of an individual's estate or any living, named individual designated in an endowment agreement to act in place of a party to an endowment agreement with respect to all matters expressed in such endowment agreement and all actions that such agreement contemplates, including, but not limited to, interpreting, performing and enforcing any provisions of such endowment agreement and defending the validity thereof.
(g) "Property" means real property, personal property or money, cryptocurrency, stocks, bonds or any other asset or financial instrument.
History:
L. 2023, ch. 45, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3624 Judicial declaration of rights and duties.

58-3624. Judicial declaration of rights and duties.
A charitable organization may obtain a judicial declaration of rights and duties expressed in an endowment agreement containing donor-imposed restrictions as to all of the actions that such agreement contemplates, including, but not limited to, the interpretation, performance and enforcement of the agreement and determination of its validity as provided in K.S.A. 58-3616, and amendments thereto. The charitable organization may also seek such declaration in any suit brought under this section.
History:
L. 2023, ch. 45, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3625 Application and construction of act.

58-3625. Application and construction of act.
The provisions of K.S.A. 2023 Supp. 58-3621 through 58-3624, and amendments thereto, shall not apply to any release or modification of any donor restriction or purpose ordered or made pursuant to K.S.A. 58-3616, and amendments thereto, prior to July 1, 2023, or to any appeal of any such release or modification that is pending on or after July 1, 2023. Nothing in this act affects the authority of the attorney general to enforce any restriction in an endowment agreement, limits the application of the judicial power of cy pres or alters the right of an institution to modify a restriction on the management, investment, purpose or use of an endowment fund in a manner permitted by the endowment agreement.
History:
L. 2023, ch. 45, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3703 Scope of act.

58-3703.
Scope of act.
This act shall be applicable only to real estate which is submitted to the provisions hereof by duly executing and recording a declaration as hereinafter provided.
History:
L. 1975, ch. 291, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3705 Covenants, conditions and restrictions.

58-3705.
Covenants, conditions and restrictions.
Each townhouse unit owner shall comply with all the covenants, conditions and restrictions set forth or referred to in the declaration and all amendments thereto.
History:
L. 1975, ch. 291, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3706 Declaration; contents.

58-3706.
Declaration; contents.
The declaration shall contain the following particulars:
(a) Description of the real estate on which the townhouse units are or are to be located.
(b) Description of the townhouse units.
(c) Description of the common areas and facilities.
(d) All common expenses and the method by which such expenses may be incurred and charged to the townhouse unit owners.
(e) All lien rights of the association for non-paid common expenses.
(f) All easements created for the benefit of the association and all townhouse unit owners.
(g) All provisions relating to insurance required to be obtained and maintained by the association and/or by each townhouse unit owner, including the obligation of the insurance trustee to use proceeds received after loss for rebuilding.
(h) The method by which the declaration may be amended, consistent with the provisions of this act.
(i) Such other provisions not inconsistent with this act as the declarant may deem necessary.
History:
L. 1975, ch. 291, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3707 Recordation of declaration and legal description; plat not recorded, when.

58-3707. Recordation of declaration and legal description; plat not recorded, when.
(a) There shall be recorded simultaneously with the declaration, at the office of the register of deeds, one or more plats of survey showing the legal description, the location and dimensions of the submitted land, the location and description of any land which may be added to the townhouse project if such right is set forth in the declaration, and the location and dimensions of each townhouse unit and all common area improvements.
(b) The register of deeds shall not record any plat of survey pursuant to this act unless such plat of survey is accompanied by a receipt from the county treasurer for real estate taxes and assessments on the submitted land in accordance with K.S.A. 19-1207(b), and amendments thereto.
History:
L. 1975, ch. 291, § 7; L. 2010, ch. 2, § 3; L. 2011, ch. 115, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3708 Amendments to declaration.

58-3708.
Amendments to declaration.
The declaration, any amendment, or amendments thereof, any instrument by which the provisions of this act may be waived, and every instrument affecting the common area and facilities, or any townhouse unit, shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.
History:
L. 1975, ch. 291, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3709 No exemption from liability.

58-3709.
No exemption from liability.
No townhouse unit owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities, or by abandonment of his or her townhouse unit.
History:
L. 1975, ch. 291, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3710 Common expenses; liens; foreclosure sale.

58-3710.
Common expenses; liens; foreclosure sale.
All sums assessed by the association, but unpaid, for the share of the common expenses chargeble to any townhouse unit shall constitute a lien on such townhouse unit prior to all other liens except (i) tax liens on the townhouse unit in favor of any assessing unit and special district, and (ii) all sums unpaid on a first mortgage of record. Such lien may be foreclosed by suit by the association in like manner as a mortgage of real property, and in any such foreclosure, the townhouse unit owner shall be required to pay a reasonable rental for the townhouse unit, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same. The association shall have power, unless prohibited by the declaration, to bid on the townhouse unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. The suit to recover a money judgment for unpaid common expenses shall be maintainable by the association without foreclosing or waiving the liens securing the same. Where the mortgagee under a first mortgage of record or other purchaser of a townhouse unit obtains title to the townhouse unit as a result of foreclosure of the first mortgage, such acquirer of title, his or her successors and assigns shall not be liable for the share of the common expenses or assessment by the association chargeable to such townhouse unit which become due prior to the acquisition of title to such townhouse unit by such buyer. Such unpaid share of common expenses or assessments shall, however, be deemed to be common expenses collectible from all of the townhouse owners, including such acquirer, his or her successors and assigns.
History:
L. 1975, ch. 291, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3711 Same; effect of conveyances.

58-3711.
Same; effect of conveyances.
In a voluntary conveyance, the grantee of a townhouse unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grantor conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the board of directors of the association setting forth the amount of the unpaid assessments against the grantor, and such grantee shall not be liable for nor shall the townhouse unit conveyed be subject to a lien for any unpaid assessments against the grantor in excess of the amount therein set forth.
History:
L. 1975, ch. 291, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3712 Insurance coverage; proceeds; blanket coverage.

58-3712.
Insurance coverage; proceeds; blanket coverage.
The declaration shall require each townhouse owner to maintain fire and extended coverage insurance against loss or damage by fire or other casualty to the full replacement value of the townhouse unit, excluding land, foundation and excavations. The declaration shall require that such insurance shall provide for payment for losses thereunder by the insurer to the association, or its nominee, as insurance trustee for the benefit of each owner, the holder of each first mortgage of record thereon, and the association as their interests appear and as set forth in the declaration. The declaration shall provide that the proceeds from insurance received by the insurance trustee shall be used to repair, reconstruct or rebuild the townhouse units damaged or destroyed by said fire or other casualty, unless all townhouse unit owners and their first mortgagees agree in writing to not repair, reconstruct or rebuild. The declaration may require the board of directors of the association to obtain and maintain such insurance under one blanket fire and extended coverage policy providing such insurance for all owners and first mortgagees of townhouse units, as their interests may appear pursuant to the declaration. In such event, the declaration may provide that the insurance premiums are common expenses to be paid as set forth in the declaration. In such event, each townhouse unit owner shall be furnished a memorandum of insurance coverage approved by the commissioner of insurance setting forth the essential coverages of the blanket policy. Provision for such blanket insurance shall be without prejudice to the right of each townhouse unit owner to insure his or her own townhouse unit under a separate policy if benefits thereunder are payable to the association or its nominee as insurance trustee for the benefit of the association and all owners and their first mortgagees, as their interests may appear.
History:
L. 1975, ch. 291, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 37 - Townhouse Ownership Act › 58-3713 Townhouse units unaffected, when.

58-3713.
Townhouse units unaffected, when.
No townhouse unit created prior to the effective date of this act shall be affected by this act without the consent of all townhouse owners and their first mortgagees expressed in an amended declaration duly recorded.
History:
L. 1975, ch. 291, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3801 Creation of solar easements; recordation.

58-3801.
Creation of solar easements; recordation.
Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing. The instrument containing such easement shall be recorded with the register of deeds of the county within which the property affected by such easement is situated.
History:
L. 1977, ch. 227, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3802 Same; contents.

58-3802.
Same; contents.
Any instrument creating a solar easement shall include but the contents shall not be limited to:
(a) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
(b) any terms or conditions or both under which the solar easement is granted or will be terminated.
History:
L. 1977, ch. 227, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3810 Uniform conservation easement act; definitions.

58-3810.
Uniform conservation easement act; definitions.
As used in this act, unless the context otherwise requires:
(a) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.
(b) "Holder" means:
(1) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(2) a charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.
(c) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, which, although eligible to be a holder, is not a holder.
History:
L. 1992, ch. 302, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3811 Same; creation; duration; impairment; conveyance or assignment.

58-3811.
Same; creation; duration; impairment; conveyance or assignment.
(a) A conservation easement may be created only by the record owner of the surface of the land specifically stating the intention of the grantor to create such an easement under this act.
(b) Except as otherwise provided in this act, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.
(c) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
(d) Except as provided in subsection (b) of K.S.A. 58-3812 and unless the instrument creating it otherwise provides, a conservation easement shall be limited in duration to the lifetime of the grantor and may be revoked at grantor's request.
(e) An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a grantor of the conservation easement.
(f) A conservation easement may not be conveyed or assigned by a holder to any entity or person other than a city or county of this state, an entity enumerated by subsection (b)(2) of K.S.A. 58-3810 or the grantor thereof or such grantor's heirs.
History:
L. 1992, ch. 302, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3812 Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court.

58-3812.
Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court.
(a) An action affecting a conservation easement may be brought by:
(1) An owner of an interest in the real property burdened by the easement;
(2) a holder of the easement;
(3) a person having a third-party right of enforcement; or
(4) a person authorized by other law.
(b) This act does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
History:
L. 1992, ch. 302, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3813 Same; validity of conservation easement.

58-3813.
Same; validity of conservation easement.
A conservation easement is valid even though:
(a) It is not appurtenant to an interest in real property;
(b) it can be or has been assigned to another holder;
(c) it is not of a character that has been recognized traditionally at common law;
(d) it imposes a negative burden;
(e) it imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(f) the benefit does not touch or concern real property; or
(g) there is no privity of estate or of contract.
History:
L. 1992, ch. 302, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3814 Same; application of act.

58-3814.
Same; application of act.
(a) This act applies to any interest created after its effective date which complies with this act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise.
(b) This act applies to any interest created before its effective date if it would have been enforceable had it been created after its effective date unless retroactive application contravenes the constitution or laws of this state or the United States.
(c) This act does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under other law of this state.
History:
L. 1992, ch. 302, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3815 Same; uniformity of application and construction.

58-3815.
Same; uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the act among states enacting it.
History:
L. 1992, ch. 302, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3816 Same; certain utility and water district easements not impaired.

58-3816.
Same; certain utility and water district easements not impaired.
Nothing in this act shall be construed so as to impair the rights of a public utility or city with respect to the acquisition of rights-of-way, easements or other property rights, whether through voluntary conveyance or eminent domain, upon which facilities, plants, systems or other improvements of a public utility or city are located or are to be located or so as to impair the rights of a watershed district under K.S.A. 24-1201 et seq. and amendments thereto with respect to rights-of-way, easements or other property rights upon which watershed structures are located or are to be located.
History:
L. 1992, ch. 302, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3820 Restrictive covenants; political yard signs; limitations.

58-3820.
Restrictive covenants; political yard signs; limitations.
(a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days before an election and ending two days after the election is hereby declared to be against public policy and such provision shall be void and unenforceable.
(b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.
History:
L. 2008, ch. 165, § 5; May 29.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 38 - Easements › 58-3822 Same; limitations.

58-3822.
Same; limitations.
(a) On and after the effective date of this act, any transfer fee covenant, as defined in K.S.A. 2023 Supp. 58-3821, and amendments thereto, is hereby declared to be against public policy and such covenant shall be void and unenforceable.
(b) The provisions of this section shall apply to any transfer fee covenant in existence on the effective date of this act.
History:
L. 2009, ch. 14, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3936 General rules for taking custody of intangible unclaimed property.

58-3936.
General rules for taking custody of intangible unclaimed property.
Except as otherwise provided in this act or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:
(a) The last known address of the apparent owner, as shown on the records of the holder, is in this state;
(b) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
(c) the records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(1) The last known address of the person entitled to the property is in this state; or
(2) the holder is domiciled in this state or is a state or other government or governmental subdivision, agency or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(d) the last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a state or other government or governmental subdivision, agency or instrumentality of this state;
(e) the last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a state or other government or governmental subdivision, agency or instrumentality of this state;
(f) the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide by law for the escheat or custodial taking of the property; or
(g) the property is a traveler's check or money order purchased in this state or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.
History:
L. 1994, ch. 8, § 3; L. 1999, ch. 100, § 3; January 1, 2000.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3938 Burden of proof as to property evidenced by record of check or draft.

58-3938.
Burden of proof as to property evidenced by record of check or draft.
A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and a passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.
History:
L. 1994, ch. 8, § 5; L. 1999, ch. 100, § 4; January 1, 2000.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3943 Stock and other intangible interests in business associations.

58-3943.
Stock and other intangible interests in business associations.
This act does not apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions or other sums payable as a result of the interest unless:
(a) The records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not within five years communicated in any manner described in paragraph (3) of subsection (a) of K.S.A. 58-3935, and amendments thereto; or
(b) five years have elapsed since the location of the owner became unknown to the association, as evidenced by the return of official shareholder notifications or communications by the postal service as undeliverable, and the owner has not within those five years communicated in any manner described in paragraph (3) of subsection (a) of K.S.A. 58-3935, and amendments thereto. The five-year period from the return of official shareholder notifications or communications shall commence from the earlier of the return of the second such mailing or the time the holder discontinues mailings to the shareholder.
History:
L. 1994, ch. 8, § 10; L. 1999, ch. 100, § 5; January 1, 2000.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3949 Contents of safe deposit box or other safekeeping repository.

58-3949.
Contents of safe deposit box or other safekeeping repository.
Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law are presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository.
History:
L. 1994, ch. 8, § 16; L. 1999, ch. 100, § 6; January 1, 2000.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3951 Advertising of unclaimed property; information required.

58-3951.
Advertising of unclaimed property; information required.
(a) Within the calendar year next following the year in which unclaimed property has been paid or delivered to the administrator, the administrator shall advertise the unclaimed property in such form as in the discretion of the administrator is likely to attract the attention of the apparent owner of the unclaimed property. It shall contain the following information:
(1) The name of each person appearing to be the owner of property presumed abandoned, as set forth in the report filed by the holder;
(2) the last known address or location of each person appearing to be the owner of property presumed abandoned, if an address or location is set forth in the report filed by the holder;
(3) a statement explaining that property of the owner has been presumed to be abandoned and has been taken into the protective custody of the administrator; and
(4) a statement that information about the abandoned property and its return to the apparent owner can be obtained at any time by a person having a legal or beneficial interest in that property by making an inquiry to the administrator.
(b) The administrator shall not be required to advertise the name and address or location of an owner of abandoned property having a total value less than $100, nor information concerning travelers checks and money orders.
History:
L. 1994, ch. 8, § 18; L. 1996, ch. 111, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3952 Payment or delivery of abandoned property.

58-3952.
Payment or delivery of abandoned property.
(a) At the time of the filing of the report required by subsection (d) of K.S.A. 58-3950 and amendments thereto and with that report, the holder of property presumed abandoned shall pay, deliver or cause to be paid or delivered to the administrator the property described in the report as unclaimed, but if, at the time provided for delivery of the property a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result.
(b) If the property reported to the administrator is a security or security entitlement under article 8 of the uniform commercial code, the administrator is an appropriate person to make an endorsement, instruction or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with article 8 of the uniform commercial code.
(c) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator has the right to obtain a replacement certificate pursuant to K.S.A. 84-8-405, and amendments thereto, but an indemnity bond is not required.
(d) An issuer, the holder and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with K.S.A. 58-3953 and amendments thereto for any loss or damage caused by the transfer, issuance and delivery of the certificate or security to the administrator.
(e) A holder is required to deliver property reported as aggregate under K.S.A. 58-3950, and amendments thereto, only if the total amount of the aggregate property reported exceeds $250.
History:
L. 1994, ch. 8, § 19; L. 1999, ch. 100, § 8; L. 2000, ch. 125, § 5; April 27.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3954 Crediting of dividends, interest, or increments to owner's account.

58-3954.
Crediting of dividends, interest, or increments to owner's account.
(a) Whenever property other than money is paid or delivered to the administrator under this act, the owner is entitled to receive from the administrator any dividends, interest or other increments realized or accruing on the property at or before liquidation or conversion thereof into money if the amount of dividends, interest or other increments is $5 or more.
(b) When interest bearing property is paid or delivered to the administrator, the owner shall be entitled to receive interest accruing thereafter. At the time a valid claim is approved by the administrator, simple interest without compounding shall be computed and paid based upon the average of the monthly net earnings rates of the pooled money investment portfolio for the time period that the administrator has held the property. If the administrator has held the property for more than five years, the five year average of the monthly net earnings rates of the pooled money investment portfolio shall be used.
History:
L. 1994, ch. 8, § 21; L. 2007, ch. 92, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3955 Public sale of abandoned property; exceptions.

58-3955.
Public sale of abandoned property; exceptions.
(a) Except as provided in subsections (b) and (c), the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale in whatever city in the state affords in the judgment of the administrator the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if in the judgment of the administrator the bid is insufficient. If in the judgment of the administrator the probable cost of sale exceeds the value of the property, the property need not be offered for sale. Any sale held under this section shall be preceded by a single publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.
(b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.
(c) All securities presumed abandoned and delivered to the administrator shall be held for at least six months before they may be sold. All securities must be sold within one year after they are delivered to the administrator. A person making a claim under this act is entitled to receive either the securities delivered to the administrator by the holder, if they still remain in the hands of the administrator, or the proceeds received from the sale, less any amounts deducted pursuant to subsection (b) of K.S.A. 58-3956, and amendments thereto, but no person has any claim under this act against the state, the holder, any transfer agent, registrar or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the administrator.
(d) The purchaser of property at any sale conducted by the administrator pursuant to this act takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.
History:
L. 1994, ch. 8, § 22; L. 2000, ch. 125, § 6; April 27.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3956 Deposit of funds.

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