Same; notice

68-102a. Same; notice. Before any road is laid out, altered or vacated without the presentation of a petition, the county clerk shall give notice of the proposed action by publication once in the official county newspaper and by sending notice by certified mail to each owner of property adjoining the road, at the address where the owner's tax statement is sent. The notice shall set forth a description of the road proposed to be laid out, altered or vacated. Proceedings for the award of damages, if any, to the property owners affected by such action, and any appeal therefrom, shall be made in the same manner as provided in K.S.A. 68-107, and amendments thereto. Any person or persons may make written application to the county commissioners for payment for damage to property caused by such action. The county commissioners shall not award damages unless there has been filed with the county clerk, within 12 months after the entering of the order laying out, altering or vacating such road, a written application giving a description of the premises for which damages or compensation are claimed. The county commissioners shall determine the amount of damage sustained, if any, by such claimant. All applications for damages shall be forever barred unless they are presented as provided by this act. History: L. 1931, ch. 243, § 2; L. 1981, ch. 173, § 67; L. 1999, ch. 146, § 2; July 1. Attorney General's Opinions: County must accept abandoned state highways, but county may vacate such highways if cost of maintenance exceeds any practical use thereof. 87-124. Classification and designation of roads in noncounty unit road system counties. 91-140. Roads; vacation in certain counties without petitions. 94-145. Board of county commissioners has discretion to determine whether county road is to be opened. 2002-30. Vacation of county roads; only adjacent landowners eligible for damages. 2009-12. When board of county commissioners vacates road on its own motion, board must follow the notice requirements in section. 2015-18. CASE ANNOTATIONS 1. Cited; county vacated county roads and determined damages to landowners, district court appeal upheld award and constitutionality of statutes. Davenport Pastures v. Board of Morris County Comm'rs, 40 Kan. App. 2d 648, 649, 661, 194 P.3d 1201 (2008). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026