Proceedings for change in roads; eminent domain

68-114. Proceedings for change in roads; eminent domain. When it is found necessary to lay out, relocate, alter, widen or vacate a road or highway for the purpose of eliminating sharp turns or other dangerous places, or for the proper construction of a highway, or for the extension of a bridge or culvert, the board of county commissioners shall by order of said board lay out, relocate, alter or widen a public road and may vacate an existing road. All land required for the laying out, widening or altering of a road shall be acquired by the board of county commissioners by purchase, donation or, if the owner or owners of the land shall refuse to sell or donate said land, by exercise of the right of eminent domain pursuant to article 5 of chapter 26 of Kansas Statutes Annotated. History: L. 1921, ch. 220, § 1; R.S. 1923, 68-114; L. 1976, ch. 293, § 1; July 1. Attorney General's Opinions: County commission may designate an "open range road"; maintenance and repair by township; vacation of road; compensation of township officials. 94-116. CASE ANNOTATIONS 1. County board authorized to alter or widen highways to eliminate deep ditch. Balliet v. Clay County, 115 Kan. 99, 101, 222 P. 132. 2. County board's authority to acquire additional land to alter road not enjoinable. Balliet v. Clay County, 115 Kan. 99, 101, 222 P. 132. 3. Section not applicable in proceedings to lay out new road. Ruff v. Shawnee County Comm'rs, 127 Kan. 188, 196, 272 P. 189. 4. Board has authority to change natural watercourse in making road improvement. Breedlove v. Wyandotte County Comm'rs, 127 Kan. 754, 757, 275 P. 379. 5. Railroad not required to restore crossing unless sufficient inconvenience shown. State, ex rel., v. Thompson, 148 Kan. 196, 199, 80 P.2d 1070. 6. Board had no authority to make new award after appeal dismissed. Larkin v. Nemaha County Comm'rs, 170 Kan. 164, 165, 166, 168, 169, 223 P.2d 987. 7. When appeal dismissed duty of board to pay amount of award. Larkin v. Nemaha County Comm'rs, 170 Kan. 164, 165, 166, 168, 169, 223 P.2d 987. 8. Defects in title of act cured by 1923 revision. Bond v. Board of County Commissioners, 178 Kan. 668, 670, 671, 290 P.2d 1013. 9. Mentioned in determining condemnation proceeding pursuant to K.S.A. 68-703; deposit of award with county clerk; withdrawal; interest. Barker v. County of Wyandotte, 188 Kan. 750, 753, 366 P.2d 291. 10. Mentioned; on review of order sustaining demurrer to petition, petition held to state cause of action enjoining changing of watercourse. Reeder v. Board of County Commissioners, 193 Kan. 182, 184, 392 P.2d 888. 11. Road was open "in fact" as well as "in law" and nonuser statute of 1879 did not apply. Kollhoff v. Board of County Commissioners, 193 Kan. 370, 373, 394 P.2d 92. 12. Cited; review of certain statutes applicable to township roads. Clay Township v. Pebley, 207 Kan. 59, 61, 63, 483 P.2d 1101. 13. Under evidence public road was not established by prescription. Kratina v. Board of Commissioners, 219 Kan. 499, 500, 548 P.2d 1232. 14. What constitutes public road, access where land abuts express easement to public road, common-law access by necessity examined. Sebree v. Board of Shawnee County Comm'rs, 16 Kan. App. 2d 772, 779, 829 P.2d 610 (1992). 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