Operation of projects; restoration and repair of private property; agreements with political subdivisions; annual report and audit; employees contracting with authority; penalty.

68-2015. Operation of projects; restoration and repair of private property; agreements with political subdivisions; annual report and audit; employees contracting with authority; penalty. Each turnpike project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the authority. Each such project shall also be policed and operated by such force of police, toll-takers and other operating employees as the authority may in its discretion employ. All private property damaged or destroyed in laying out and constructing said turnpike project shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under the authority of this act. All counties, cities, towns and other political subdivisions and all public agencies and commissions of the state, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the authority at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions, agencies or commissions of the state may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads and other real property already devoted to public use. Annually, prior to the 10th day of each regular session of the legislature, the authority shall make an annual report of its activities for the preceding fiscal year to the governor. Each such report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or operation of the project. Any member, agent or employee of the authority who contracts with the authority or is interested, either directly or indirectly, in any contract with the authority or in the sale of any property, either real or personal, to the authority shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both. History: L. 1953, ch. 308, § 15; L. 1957, ch. 369, § 1; L. 1979, ch. 213, § 1; L. 2015, ch. 8, § 2; July 1. Cross References to Related Sections: Liability of contractor for damages arising out of design defects, see 68-419a. Law Review and Bar Journal References: Governmental immunity in Kansas, William P. Tanner, III, 19 K.L.R. 211, 219, 220 (1971). Statutory deviation from common law doctrine of governmental immunity for tort liability, John W. Johnson, 11 W.L.J. 310, 311 (1972). "Hospitals' Role and Responsibility in Health Care Delivery," Alan Rupe, Robert D. Steiger, 14 W.L.J. 580, 611 (1975). "Governmental Immunity: Despotic Mantle or Creature of Necessity," Philip A. Harley and Bruce Wasinger, 16 W.L.J. 13, 40 (1976). "Constitutional Law: Governmental Immunity Statute Violates Equal Protection as Applied to Kansas Turnpike Authority," Robert G. Martin, 19 W.L.J. 581, 584 (1980). "The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004). CASE ANNOTATIONS 1. "Restoration or repair of private property" provision creates new statutory action; remedy. Anderson Cattle Co. v. Kansas Turnpike Authority, 180 Kan. 749, 753, 754, 308 P.2d 172. 2. Authority is immune from tort liability for personal injuries. Hosterman v. Kansas Turnpike Authority, 183 Kan. 589, 331 P.2d 326; Hosterman v. Kansas Turnpike Authority, 183 Kan. 590, 592, 593, 331 P.2d 323. 3. K.T.A. not clothed with governmental immunity from suit. Pennington v. Kansas Turnpike Authority, 180 Kan. 638, 639, 305 P.2d 849. 4. Petition reviewed; action for damages to personal property authorized. Wilson v. Kansas Turnpike Authority, 181 Kan. 1025, 1028, 317 P.2d 843. 5. Damages recovered from authority; independent contractor's refusal to defend on bond; res judicata no defense in action by authority on contract. Kansas Turnpike Authority v. Watson, 189 Kan. 593, 595, 596, 598, 371 P.2d 119. 6. Turnpike Authority not liable for slick spot on roadway. Miller v. Kansas Turnpike Authority, 193 Kan. 18, 20, 21, 392 P.2d 89. 7. Turnpike authority is immune from liability for tort, including the creation or maintenance of a nuisance, except to extent that immunity is waived by special statutory right of action created hereunder. Woods v. Kansas Turnpike Authority, 205 Kan. 770, 771, 772, 774, 472 P.2d 219. 8. Turnpike authority has statutory duty to keep bridges on turnpike in good repair and take reasonable steps, including inspections, thereby. Ingram v. Howard-Needles-Tammen & Bergendoff, 234 Kan. 289, 293, 672 P.2d 1083 (1983). 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