Acquisition of property and property rights

68-1903. Acquisition of property and property rights. The highway authorities, jointly or severally, may acquire the desired private or public property, including rights of access, light, air or view for controlled access facilities, by gift, devise, purchase or condemnation, in the same manner as now or hereafter authorized by law for acquiring property or property rights in connection with highways, roads and streets within their respective jurisdictions. History: L. 1953, ch. 307, § 3; April 2. Law Review and Bar Journal References: Case in annotation No. 3 below discussed in 1957-59 survey of law damages, David Prager, 8 K.L.R. 257, 262, 263 (1959). Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 434 (1970). CASE ANNOTATIONS 1. Condemnation proceedings; measure of damages; award held not excessive. Simmons v. State Highway Commission, 178 Kan. 26, 30, 283 P.2d 392. 2. Petition to enjoin limiting of plaintiff's access considered; demurrer properly overruled. Franks v. State Highway Commission, 182 Kan. 131, 133, 134, 135, 319 P.2d 535. 3. Landowner has no right of access to new highway; application of act. Riddle v. State Highway Commission, 184 Kan. 603, 604, 609, 610, 611, 626, 628, 629, 635, 339 P.2d 301. 4. Right of access is property right; compensation necessary to take; extent of right. Atkinson v. State Highway Commission, 184 Kan. 658, 663, 664, 339 P.2d 334. 5. Existing highway; right of access, taking, measure of damages, regulation, etc.; statutes construed. Smith v. State Highway Commission, 185 Kan. 445, 446, 447, 452, 456, 457, 459, 462, 467, 346 P.2d 259. 6. Action to recover damages for taking of property is in the nature of an inverse condemnation proceeding and same rules of law apply as in condemnation proceeding. Brock v. State Highway Commission, 195 Kan. 361, 363, 369, 373, 374, 375, 376, 404 P.2d 934. 7. New concept of right of access of owner of land abutting limited access facility recognized. Brock v. State Highway Commission, 195 Kan. 361, 363, 369, 373, 374, 375, 376, 404 P.2d 934. Overruling Franks v. State Highway Commission, 182 Kan. 131, 319 P.2d 535, and Atkinson v. State Highway Commission, 184 Kan. 658, 339 P.2d 334. 8. Administrative ordinance not subject to initiative and referendum; principles discussed whether ordinance administrative or legislative. McAlister v. City of Fairway, 289 Kan. 391, 212 P.3d 184 (2009). 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