reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3123 Priority of liens.

58-3123.
Priority of liens.
(a) All sums assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only (i) tax liens on the apartment 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 manager or board of directors, acting on behalf of the apartment owners, in like manner as a mortgage of real property. In any such foreclosure the apartment owner shall be required to pay a reasonable rental for the apartment, 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 manager or board of directors, acting on behalf of the apartment owners, shall have power, unless prohibited by the declaration, to bid in the apartment at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same.
(b) Where the mortgagee of a first mortgage of record or other purchaser of an apartment obtains title to the apartment 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 of apartment owners chargeable to such apartment which become due prior to the acquisition of title to such apartment by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners including such acquirer, his or her successors and assigns.
History:
L. 1963, ch. 329, § 23; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3124 Joint and several liability of grantor and grantee for unpaid common expenses.

58-3124.
Joint and several liability of grantor and grantee for unpaid common expenses.
In a voluntary conveyance the grantee of an apartment 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 grant or conveyance, without prejucice 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 manager or board of directors, as the case may be, setting forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.
History:
L. 1963, ch. 329, § 24; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3125 Insurance.

58-3125.
Insurance.
The manager of the board of directors, if required by the declaration, bylaws or by a majority of the apartment owners, or at the request of a mortgagee having a first mortgage of record covering an apartment, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of such manager or of the board of directors of the association of apartment owners, as trustee for each of the apartment owners in the percentages established in the declaration. Premiums shall be common expenses. Provision for such insurance shall be without prejudice to the right of each apartment owner to insure his or her own apartment for his or her benefit.
History:
L. 1963, ch. 329, § 25; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3126 Disposition of property; destruction or damage.

58-3126.
Disposition of property; destruction or damage.
If, within one hundred twenty (120) days of the date of the damage or destruction to all or part of the property, it is not determined by the association of apartment owners to repair, reconstruct or rebuild, then and in that event:
(a) The property shall be deemed to be owned in common by the apartment owners;
(b) The undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities;
(c) Any liens affecting any of the apartments shall be deemed to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment owner in the property as provided herein; and
(d) The property shall be subject to an action for partition at the suit of any apartment owner, in which event the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the apartment owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each apartment owner.
History:
L. 1963, ch. 329, § 26; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3127 Actions.

58-3127.
Actions.
Without limiting the rights of any apartment owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more of the apartment owners, as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities of more than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and facilities of more than one apartment may be made on the person designated in the declaration to receive service of process.
History:
L. 1963, ch. 329, § 27; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3128 Personal application.

58-3128.
Personal application.
(a) All apartment owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provision of this act shall be subject to this act and to the declaration and bylaws of the association of apartment owners adopted pursuant to the provisions of this act.
(b) All agreements, decisions and determinations lawfully made by the association of apartment owners in accordance with the voting percentages established in the act, declaration or bylaws shall be deemed to be binding on all apartment owners.
History:
L. 1963, ch. 329, § 28; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3129 Invalidity of part.

58-3129.
Invalidity of part.
If any provision of this act or any section, sentence, clause, phrase or word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the act and of the application of any such provision, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby.
History:
L. 1963, ch. 329, § 29; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3201 Limiting liability of property owners to persons entering premises for recreational purposes.

58-3201.
Limiting liability of property owners to persons entering premises for recreational purposes.
The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
History:
L. 1965, ch. 559, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3202 Limiting liability of property owners to persons entering premises for recreational purposes; definitions.

58-3202. Limiting liability of property owners to persons entering premises for recreational purposes; definitions.
As used in this act:
(a) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty and includes agricultural and nonagricultural land.
(b) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.
(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, noncommercial aviation activities and viewing or enjoying historical, archaeological, scenic, or scientific sites.
(d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
(e) "Agricultural land" means land suitable for use in farming and includes roads, water, watercourses and private ways located upon or within the boundaries of such agricultural land and buildings, structures and machinery or equipment when attached to such agricultural land.
(f) "Farming" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock.
(g) "Nonagricultural land" means all land other than agricultural land.
History:
L. 1965, ch. 559, § 2; L. 1988, ch. 198, § 1; L. 2011, ch. 42, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3203 Limited liability of property owners; owner's duty of care.

58-3203.
Limited liability of property owners; owner's duty of care.
Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes. An owner of land who does take actions to keep the premises safe or to warn persons of a dangerous condition, use, structure or activity on the premises shall not be deprived of the protection which this law would provide had the owner not taken such actions or given such warning.
History:
L. 1965, ch. 559, § 3; L. 1995, ch. 167, § 1; April 27.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3204 Same; owner's responsibility.

58-3204.
Same; owner's responsibility.
Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an owner of nonagricultural land who either directly or indirectly invites or permits without charge any person to use such property, or any part of such property, for recreational purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose.
(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
History:
L. 1965, ch. 559, § 4; L. 1988, ch. 198, § 2; L. 1995, ch. 167, § 2; April 27.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3205 Same; application to lands leased to state or subdivision.

58-3205.
Same; application to lands leased to state or subdivision.
Unless otherwise agreed in writing, the provisions of K.S.A. 58-3203 and 58-3204 shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.
History:
L. 1965, ch. 559, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3206 Same; nonapplication of act to certain liabilities.

58-3206.
Same; nonapplication of act to certain liabilities.
Nothing in this act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(b) For injury suffered in any case where the owner of nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
History:
L. 1965, ch. 559, § 6; L. 1988, ch. 198, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3207 Same; construction of act as to certain liabilities and obligations.

58-3207.
Same; construction of act as to certain liabilities and obligations.
Nothing in this act shall be construed to: (a) Create a duty of care or ground of liability for injury to persons or property.
(b) Relieve any person using the land of another for recreational purposes from any obligation which such person may have in the absence of this act to exercise care in his or her use of such land and in his or her activities thereon, or from the legal consequences of failure to employ such care.
History:
L. 1965, ch. 559, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3208 Same; prohibition of easements.

58-3208. Same; prohibition of easements.
Nothing in the provisions of K.S.A. 58-3201 et seq., and amendments thereto, shall be construed as the granting of an easement over such land by the owner thereof, nor as the granting of an easement over such land by adverse possession.
History:
L. 2012, ch. 154, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3211 Definitions.

58-3211.
Definitions.
As used in this act:
(a) "Adjacent property owner" means a person or entity, other than a responsible party, who owns property or facilities on or adjacent to a recreational trail.
(b) "Recreational trail" means a trail created pursuant to subsection (d) of 16 U.S.C. 1247 (1983).
(c) "Responsible party" means any person, for-profit entity, not-for-profit entity or governmental entity that is responsible for developing, operating or maintaining a recreational trail.
History:
L. 1996, ch. 223, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3214 Adjacent property owners; duty of care.

58-3214.
Adjacent property owners; duty of care.
An adjacent property owner has no duty of care to: (a) Any person using a recreational trail, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of such property owner's gross negligence or willful or wanton misconduct; or (b) any person entering such adjacent property owner's land by way of the recreational trail without implied or expressed permission or consent of the adjacent property owner, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of an intentional or unlawful act of the adjacent property owner.
History:
L. 1996, ch. 223, § 4; L. 2006, ch. 178, § 1; May 25.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3215 Actions to enforce act; orders of court.

58-3215.
Actions to enforce act; orders of court.
If the responsible party fails to comply with the provisions of this act, any adjacent property owner, city or county aggrieved by the noncompliance may bring an action in the district court to enforce the provisions of this act. Upon a finding that the responsible party has failed to comply with the provisions of this act, the court may enter an order requiring the responsible party to comply with the provisions of this act.
History:
L. 1996, ch. 223, § 5; L. 2006, ch. 178, § 2; May 25.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3216 Severability.

58-3216.
Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History:
L. 1996, ch. 223, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3221 Definitions.

58-3221. Definitions.
As used in this act:
(a) "Generally accepted operation practice" means those safety practices adopted, pursuant to rules and regulations, by the Kansas department of wildlife and parks and established by a nationally recognized nonprofit membership organization that provides voluntary firearms safety programs that include training individuals in the safe handling and use of firearms and that practices are developed with consideration of all information reasonably available regarding the operation of shooting ranges.
(b) "Local unit of government" means a county, city, township or any other political subdivision of the state, or any agency, authority, institution or instrumentality thereof.
(c) "Person" means an individual, proprietorship, partnership, corporation, club, governmental entity or other legal entity.
(d) "Sport shooting range" or "range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, semiautomatic firearms, skeet, trap, black powder or any other similar sport shooting.
History:
L. 2001, ch. 185, § 4; L. 2012, ch. 47, § 83; L. 2023, ch. 7, § 110; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3222 Same; conformance to generally accepted operation practices; application of law relating to noise control and nuisance.

58-3222.
Same; conformance to generally accepted operation practices; application of law relating to noise control and nuisance.
(a) Notwithstanding any other provisions of law, and in addition to other protections provided in this act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices in the state is not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction and initial operation of the range.
(b) In addition to any civil protection provided by the act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices is not subject to an action for nuisance, and a court of the state shall not enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction or initial operation of the range.
(c) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere do not apply to a sport shooting range immune from liability under this act. However, this subsection does not constrict the application of any provision of generally accepted operation practices.
(d) A person who acquires title to real property adversely affected by the use of property with a permanently located and improved sport shooting range constructed and initially operated prior to the time the person acquires title shall not maintain a nuisance action on the basis of noise or noise pollution or based upon known or inherent dangers against the person who owns, operates or uses the range to restrain, enjoin, or impede the use of the range. This section does not prohibit actions for negligence or recklessness in the operation of the range.
History:
L. 2001, ch. 185, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3223 Same; application of local law.

58-3223.
Same; application of local law.
(a) A sport shooting range that is operated and is not in violation of state law at the time of the enactment of an ordinance or resolution shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or resolution or amendment to an existing ordinance or resolution.
(b) A sport shooting range that is in existence as of the effective date of this act and operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance or resolution of a local unit of government, shall be permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:
(1) Repair, remodel or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;
(2) reconstruct, repair, rebuild or resume the use of a facility or building damaged by fire, collapse, explosion, act of God or act of war occurring after the effective date of this act. The reconstruction, repair or restoration shall be completed within one year following the date of the damage or settlement of any property damage claim. If reconstruction, repair or restoration is not completed within one year as provided in this subsection, such reconstruction, repair or restoration may be terminated in the discretion of the local unit of government; or
(3) do anything authorized under generally accepted operation practices, including, but not limited to:
(A) Expand or enhance its membership or opportunities for public participation; and
(B) reasonably expand or increase facilities or activities.
History:
L. 2001, ch. 185, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3224 Same; regulation by local governments; taking of range for certain uses prohibited.

58-3224.
Same; regulation by local governments; taking of range for certain uses prohibited.
(a) Except as otherwise provided, the provisions of this act shall not prohibit a local unit of government from regulating the location and construction of a sport shooting range.
(b) No person or governmental entity may take title to property which has a permanently located and improved sport shooting range, by condemnation, eminent domain or similar process when the proposed use of said property would be for shooting related activities or recreational activities or for private or commercial development. However, this provision does not limit governmental exercise of eminent domain or easement necessary for infrastructure additions or improvements, such as highways, waterways or utilities.
History:
L. 2001, ch. 185, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 32 - Land And Water Recreational Areas › 58-3225 Rules and regulations.

58-3225. Rules and regulations.
The secretary of wildlife and parks is hereby authorized to adopt rules and regulations necessary to implement the provisions of this act.
History:
L. 2001, ch. 185, § 8; L. 2012, ch. 47, § 84; L. 2023, ch. 7, § 111; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3402 Definitions.

58-3402.
Definitions.
As used in this act:
(a) "Muniments" means the records of title transactions in the chain of title of a person purporting to create the interest in land claimed by the person and upon which the person relies as a basis for the marketability of the person's title, commencing with the root of title and including all subsequent transactions.
(b) "Person" means an individual, partnership, corporation, organization or other association.
(c) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee or any other person seeking to acquire an estate or interest therein, or impose a lien thereon.
(d) "Recording," when applied to the official public records of any office or court, includes filing.
(e) "Records" includes probate and other official public records, as well as records in the office of the register of deeds.
(f) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by the person, upon which the person relies as a basis for the marketability of the person's title and which was the most recent to be recorded as of a date 25 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded.
(g) "Title transaction" means any transaction affecting title to any interest in land, including title by will, descent, tax deed, mineral deed, lease or reservation; by trustee's, referee's, guardian's, conservator's, executor's, administrator's, master in chancery's or sheriff's deed; by decree of any court; or by warranty deed, quitclaim deed or mortgage.
History:
L. 1973, ch. 227, § 2; L. 1984, ch. 206, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3403 Marketable record title; unbroken chain of title.

58-3403.
Marketable record title; unbroken chain of title.
Any person who has the legal capacity to own land in this state and who has an unbroken chain of title of record to any interest in land for 25 years or more shall be deemed to have a marketable record title to that interest, subject only to the exceptions and conditions stated in this act. A person shall be deemed to have an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than 25 years at the time the marketability is to be determined, which purports to create an interest in land, either in the person claiming the interest or in some other person from whom, by one or more conveyances or other title transactions of record, the purported interest has become vested in the person claiming the interest and, in either case, with nothing appearing of record purporting to divest the claimant of the interest.
History:
L. 1973, ch. 227, § 3; L. 1984, ch. 206, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3404 Validity of certain interests.

58-3404.
Validity of certain interests.
A marketable record title shall be subject to:
(a) All interests and defects which are inherent in the muniments of which the chain of record title is formed, but a general reference in any muniment to an interest created prior to the root of title shall not be sufficient to preserve the interest, unless specific identification is made in the muniment of a recorded title transaction which creates the interest;
(b) all interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of 25 years or more, in accordance with K.S.A. 58-3406 and amendments thereto;
(c) the rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title;
(d) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started, except that the recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of K.S.A. 58-3405 and amendments thereto; and
(e) the exceptions stated in K.S.A. 58-3408 and amendments thereto.
History:
L. 1973, ch. 227, § 4; L. 1975, ch. 298, § 1; L. 1984, ch. 206, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3405 Same; effect; certain interests, claims and charges declared null and void.

58-3405.
Same; effect; certain interests, claims and charges declared null and void.
Except as otherwise provided in K.S.A. 58-3404, a marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends upon any act, transaction, event or omission that occurred prior to the effective date of the root of title. All such interest, claims or charges, however denominated, whether legal or equitable, present or future, whether such interests, claims or charges are asserted by a person sui juris or under a disability, whether such person is within or without the state, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void.
History:
L. 1973, ch. 227, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3406 Notice required to preserve claim of interest in land, exception.

58-3406.
Notice required to preserve claim of interest in land, exception.
(a) Any person claiming an interest in land may preserve and keep effective that interest by filing of record, during the twenty-five-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a written notice, duly verified by oath, setting forth the nature of the claim. The notice shall have the effect of preserving the claim of right for a period of not longer than 25 years after its filing, unless again filed as required by this section. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of the twenty-five-year period. The notice may be filed of record by the claimant or by any other person acting on behalf of any claimant who is (1) under legal disability, (2) unable to assert a claim on the claimant's own behalf or (3) one of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.
(b) A period of possession shall be considered equivalent to the filing of the notice immediately preceding the termination of the twenty-five-year period described in subsection (a) if:
(1) The same record owner of any possessory interest in land has been in possession of the land continuously for a period of 25 years or more;
(2) during those 25 years no title transaction with respect to the interest appears of record in the record owner's chain of title;
(3) no notice has been filed by the record owner or on the record owner's behalf as provided in subsection (a); and
(4) the record owner's possession continues to the time when marketability is being determined.
(c) It shall not be necessary for the owner of a marketable record title to file a notice to protect the owner's marketable record title.
History:
L. 1973, ch. 227, § 6; L. 1984, ch. 206, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3407 Notice; contents; filing; recording and indexing by register of deeds; "notice index."

58-3407.
Notice; contents; filing; recording and indexing by register of deeds; "notice index."
To be effective and to be entitled to recordation, the notice required by K.S.A. 58-3406 shall contain an accurate and full description of all land affected by such notice, which description shall be set forth in particular terms and not by general inclusions; but if said claim is founded upon a recorded instrument, then the description in such notice may be the same as that contained in such recorded instrument. Such notice shall be filed of record in the office of the register of deeds of the county or counties where the land described therein is situated. The register of deeds of each county shall accept all such notices presented to him or her which describe land located in the county in which he or she serves and shall enter, record and index the same in the same way that deeds are recorded, and each register of deeds shall be entitled to charge the same fees for the recording thereof as are charged for recording deeds. In indexing such notices in his or her office, each register of deeds shall enter such notices under the description of the real estate involved in a book set apart for that purpose, to be known as the "notice index."
History:
L. 1973, ch. 227, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3408 Certain interests not barred or extinguished.

58-3408.
Certain interests not barred or extinguished.
This act shall not be applied to bar or extinguish:
(a) The right to possession of any lessor or any lessor's successor, as a reversioner, on the expiration of any lease;
(b) the rights in and to any lease of any lessee or any lessee's successor;
(c) any interest of a mortgagee, or interest in the nature of that of a mortgagee, until after the instrument under which the interest is claimed becomes due and payable, except that, where the instrument has no due date expressed, the twenty-five-year period shall commence to run from the date of recording of the instrument;
(d) any mineral interest which has been severed from the fee simple title of the land;
(e) any easement or interest in the nature of an easement, or any rights granted, reserved or excepted by any instrument creating such an easement or interest;
(f) use restrictions or area agreements which are part of a plan for subdivision development;
(g) the rights of any reversioner or remainderman upon the expiration of any life estate or trust;
(h) rights of reverter or rights of entry for condition broken; or
(i) any right, title or interest of the United States or the state of Kansas by reason of failure to file the notice required by this act.
History:
L. 1973, ch. 227, § 8; L. 1984, ch. 206, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3409 Same; certain statutes not affected.

58-3409.
Same; certain statutes not affected.
Nothing contained in this act shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as herein specifically provided, to affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land.
History:
L. 1973, ch. 227, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3410 Prohibited claims; effect of filing.

58-3410.
Prohibited claims; effect of filing.
No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land, and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for that reason, the court shall award the plaintiff all the costs of such action, including such attorneys' fees as the court may allow, and, in addition, shall decree that the defendant asserting such claim shall pay all damages that plaintiff may have sustained as the result of such notice of claim having been so filed of record.
History:
L. 1973, ch. 227, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3411 Construction of act.

58-3411.
Construction of act.
This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in K.S.A. 58-3403, subject only to such limitations as appear in K.S.A. 58-3404.
History:
L. 1973, ch. 227, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 34 - Marketable Record Title Act › 58-3412 Extension of time period.

58-3412.
Extension of time period.
If the twenty-five-year period specified in this act has expired prior to July 1, 1986, the period shall be extended to July 1, 1986.
History:
L. 1973, ch. 227, § 12; L. 1984, ch. 206, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3501 Purpose of act.

58-3501.
Purpose of act.
The purpose of this act is to authorize compliance with the provisions of the federal uniform relocation assistance and real property acquisition policies act of 1970 (P.L. 91-646, 42 U.S.C.A. 4601 et seq.), and amendments thereto, and as used in this act, the term "federal act" means such act and amendments thereto.
History:
L. 1973, ch. 228, § 1; L. 1989, ch. 168, § 1; April 13.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3502 Displacement of persons pursuant to programs involving federal government; powers of state and local governments; relocation payments.

58-3502.
Displacement of persons pursuant to programs involving federal government; powers of state and local governments; relocation payments.
Whenever any program or project is undertaken by the state of Kansas, any agency or political subdivision thereof, under which federal financial assistance will be available to pay all or part of the cost of such program by reason of a grant from or contract or agreement with the federal government, and which program or project will result in the displacement of any person by acquisition of real property, or by the direct result of building code enforcement activities, rehabilitation or demolition programs, the state, agency, or political subdivision shall:
(1) Provide fair and reasonable relocation payments and assistance to or for displaced persons as are required under sections 202, 203 and 204 of the federal act;
(2) provide relocation assistance programs offering to displaced persons and others occupying property immediately adjacent to the real property acquired, the services described in section 205 of the federal act on the conditions prescribed therein. Relocation payments shall not be required until title to the real property vests in the condemning authority;
(3) in acquiring the real property be guided to the greatest extent practicable under state law by the land acquisition policies in section 301 and the provisions of section 302 of the federal act;
(4) pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the federal act;
(5) share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the federal act;
(6) appoint such officers, enter into such contracts, utilize federal funds for planning and providing comparable replacement housing, and take such other actions as may be necessary to comply with the conditions and requirements of the federal act; and
(7) under circumstances where a displaced person demonstrates that receipt of such payments in advance of the actual relocation is required to enable the relocation and estimates are provided by the displaced person to the state, agency or political subdivision that will allow such governmental entity to estimate with reasonable accuracy the relocation payments, 75% of such amount shall be advanced to the displaced person or paid to third parties on behalf of the displaced person to facilitate the relocation. Any remaining payment due shall be made within 30 days after the relocation has been completed. Payment of such relocation advances shall not be required until title to the real property vests in the condemning authority.
History:
L. 1973, ch. 228, § 2; L. 2003, ch. 106, § 3; L. 2004, ch. 110, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3503 Same; appeal by aggrieved persons.

58-3503.
Same; appeal by aggrieved persons.
Any displaced person aggrieved by a determination as to eligibility for a payment authorized by this act, or the amount of payment, may have his or her application reviewed by the administrative head or governing body, or the duly authorized representative, of the state, any agency or political subdivision thereof undertaking the federal program or project whose decision shall be final.
History:
L. 1973, ch. 228, § 3; April 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3504 Application of act to condemnation proceedings.

58-3504.
Application of act to condemnation proceedings.
Nothing in this act shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to the date of enactment of this act.
History:
L. 1973, ch. 228, § 4; April 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3506 Rules and regulations.

58-3506.
Rules and regulations.
State agencies and political subdivisions administering this act may adopt such rules and regulations as may be necessary to carry out the provisions of this act.
History:
L. 1973, ch. 228, § 6; April 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3507 Relocation assistance payments exempt from state setoff procedures.

58-3507.
Relocation assistance payments exempt from state setoff procedures.
All payments authorized by the secretary of transportation for relocation assistance pursuant to either K.S.A. 58-3501 et seq., and amendments thereto, or the federal uniform relocation assistance and real property acquisition policies act of 1970 (P.L. 91-646, 42 U.S.C.A. 4601 et seq., and amendments thereto) shall be exempt from the setoff procedures of K.S.A. 75-6201 et seq., and amendments thereto.
History:
L. 1988, ch. 322, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3508 Displacement of persons by action of condemning authority; relocation payments and assistance.

58-3508.
Displacement of persons by action of condemning authority; relocation payments and assistance.
On and after July 1, 2004: (a) Whenever federal funding is not involved, real property is acquired by any condemning authority through negotiation in advance of a condemnation action or through a condemnation action and the acquisition will result in the displacement of any person, the condemning authority shall:
(1) Provide the displaced person, as defined in the federal uniform relocation assistance and real property acquisition policies act of 1970, and amendments thereto, fair and reasonable relocation payments and assistance to or for displaced persons. Relocation payments shall not be required until title to the real property vests in the condemning authority.
(2) Fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203 and 204 of the federal uniform relocation assistance and real property acquisition policies act of 1970, and amendments thereto, shall be deemed fair and reasonable relocation payments and assistance pursuant to this section.
(3) Nothing in this section shall preclude the voluntary negotiation of fair and reasonable relocation payments and assistance between the displaced person and condemning authority. If such negotiations lead to agreement between the displaced person and the condemning authority, that agreement shall be deemed fair and reasonable.
(4) Under circumstances where a displaced person demonstrates that receipt of such payments, in advance of the actual relocation, is required to enable the relocation and estimates are provided by the displaced person to the condemning authority that will allow such authority to estimate with reasonable accuracy the relocation payments, 75% of such amount shall be advanced to the displaced person or paid to third parties on behalf of the displaced person to facilitate the relocation. Any remaining payment due will be made within 30 days after the relocation has been completed. Payment of such relocation advances shall not be required until title to the real property vests in the condemning authority.
(b) This section shall be a part of and supplemental to article 35 of chapter 58 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2004, ch. 110, § 8; April 22.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 35 - Relocation Assistance For Persons Displaced By Acquisition Of Real Property › 58-3509 Appeals of a determination of relocation payments; requirements and procedures.

58-3509.
Appeals of a determination of relocation payments; requirements and procedures.
On and after July 1, 2004: (a) Any displaced person entitled to benefits under this article may appeal by written notice to the state, agency or political subdivision a determination of relocation payments. If such an appeal is made to the state, agency or political subdivision within 60 days of the receiving notice of the determination being appealed, an independent hearing examiner shall be appointed by the state, agency or political subdivision within 10 days and a determination of the appeal made within 60 days. Any party wishing to appeal the ruling of the hearing examiner may do so by filing a written notice of appeal with the clerk of the district court within 30 days of the hearing examiner's decision. In the event any parties shall perfect an appeal to district court, copies of such notice of appeal shall be mailed to all parties affected by such appeal within three days after the date of perfection thereof. Any such appeal to district court shall be a trial de novo only on the issue of relocation benefits.
(b) This section shall be a part of and supplemental to article 35 of chapter 58 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2004, ch. 110, § 9; April 22.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 36 - Management Of Institutional Funds › 58-3610 Short title.

58-3610.
Short title.
This act may be cited as the "uniform management of institutional funds act."
History:
L. 1973, ch. 226, § 10; July 1.
This statute should have been repealed when the uniform management of institutional funds act was repealed.