Chapter 58, PERSONAL AND REAL PROPERTY

58-1301. Accessibility standards for public buildings or facilities. (a) Except as provided in K.S.A. 58-1307, and amendments thereto, all existing facilities, and the design and construction of all new, additions to and alterations of, facilities in this state shall conform to T…

58-1301b. Accessibility standards for public buildings or facilities; definitions. As used in this act: (a) "Governmental entity" means a "public entity" as defined in Title II, but shall not include the national railroad passenger corporation, and any commuter authority, as defi…

58-1303. Legislative intent. This act is intended to prohibit discrimination on the basis of disability by Title II and Title III entities. All facilities covered by this act are to be designed, constructed and altered to be readily accessible to and usable by individuals with a …

58-1304. Accessibility standards for public buildings or facilities; enforcement of act. (a) The responsibility for enforcement of this act shall be as follows: (1) For all existing Title II school facilities, and the design and construction of all new, additions to and alteratio…

58-1306. Display of international symbol. The international symbol of access to individuals with a disability shall be permanently displayed at the entrance of all facilities that are in compliance with the standards established pursuant to this act. Entrances of multi-family dwe…

58-1307. Historic facilities; duties of state historic preservation officer; review of state action. (a) Any governmental entity undertaking an addition to or alteration of a qualified historic facility, as defined in section 504(c) of the Americans * disabilities act of 1990 as …

58-1308. Injunction to restrain violation of standards. The attorney general, the city, county or district attorney or any person, agency or governmental entity responsible for the enforcement of this act may apply to the district court for a temporary or permanent injunction res…

58-1309. Violation of injunction; civil penalty. (a) An aggrieved individual with a disability shall not be a required party in actions brought by the attorney general or a city, county or district attorney pursuant to this section. (b) Any willful violation of the terms of any i…

58-1310a. Rules and regulations. (a) The attorney general of the state of Kansas may adopt any rules and regulations necessary to implement the provisions of K.S.A. 58-1304 and 58-1308, and amendments thereto. (b) The state board of education may adopt any rules and regulations t…

58-1401. Accessibility standards for certain dwellings; definitions. As used in this act: (a) "Dwelling" means any single family residence and each individual living unit in a duplex or triplex residential building which is constructed with public financial assistance. (b) "Publi…

58-1402. Design and construction standards. (a) Except as provided by this act, dwellings shall be designed and constructed to have at least one accessible entrance on an accessible route. If the entrance is served by a ramp, the ramp shall have a maximum slope not to exceed a ra…

58-1403. Application to new dwellings. Except as provided by this act, the design and construction of all new dwellings shall conform to the accessibility standards specified in K.S.A. 58-1402, and amendments thereto. History: L. 2002, ch. 175, § 3; July 1.

58-1404. Condition of release of public financial assistance. (a) Whenever public financial assistance for dwellings is available, information concerning the requirements of this act shall be included in any notice or educational material regarding the availability of such financ…

58-1405. Waiver of requirements. (a) Upon application therefor, the director may waive any requirement of K.S.A. 58-1402, and amendments thereto. Applications for a waiver shall be submitted to the director. If the director determines that such compliance is financially or enviro…

58-1406. Act not applicable to certain dwellings. The provisions of this act shall not apply to any dwelling which is: (a) A private residence which is owner-occupied or which is under contract for occupation by the owner; (b) a private residence for which an individual tax credi…

58-1407. Rules and regulations. The director shall adopt any rules and regulations necessary to implement the provisions of this act. History: L. 2002, ch. 175, § 7; L. 2003, ch. 154, § 18; July 1.

58-2001. Monumentation of exterior corners, type; definitions. (a) All exterior corners in the boundary of a subdivision of land shall be monumented prior to recording of the plat submitted for recording after the effective date of this section. The monuments shall be a metallic …

58-2002. Corners used in control establishing boundaries. Where any United States public land survey corner or section center is involved in the control establishing the location of a subdivision boundary or other property boundary, such corners shall be monumented before being u…

58-2003. Recording measurements from visible objects; description. When any United States public land survey corner or section center is monumented or remonumented by a land surveyor, and when any such corner is located by a land surveyor in the course of carrying out a survey, t…

58-2004. Survey plats; information required for county surveyor review. The following information shall be submitted to the county surveyor with all survey plats that are required to be reviewed by the county surveyor: (a) Survey plat showing: (1) Theory of location used for the …

58-2005. Review of survey plats; requirements; procedure; costs; recording of plat, when; waiver. (a) Before a subdivision plat, or survey plat required to be recorded pursuant to K.S.A. 19-1434, and amendments thereto, can be recorded, it shall be reviewed by the county surveyor…

58-2006. "Person" defined. As used in this act, "person" means any individual, partnership, corporation, unincorporated association or governmental entity. History: L. 1982, ch. 133, § 1; July 1.

58-2009. Rules and regulations; fees; existing rules and regulations continued in effect. (a) The secretary of the state historical society shall: (1) Adopt rules and regulations fixing fees for the filing of documents under K.S.A. 58-2011, and amendments thereto, and the providi…

58-2010. Public agencies to provide information upon request; payment of cost. Any city, county or state department, board or agency having information or records which will enable the secretary of the state historical society to carry out the provisions of this act shall furnish…

58-2011. Report of survey, filing; filing of reports relating to altered or destroyed markers; reproduction of survey records; fees; land survey fee fund created. (a) Whenever a survey originates from a United States public land survey corner or any related accessory, the land su…

58-20a01. Kansas plane coordinate system. The most recent system of plane coordinates established by the national oceanic and atmospheric administration's national geodetic survey, or a successor agency, based on the national spatial reference system, for defining and stating the…

58-20a02. Use in land descriptions. The Kansas plane coordinate system shall be named in any land description in which it is used, and the zone used shall be specified in the description, and if applicable, the geodetic datum and the epoch of the coordinates in decimal years. His…

58-20a03. Plane coordinate values. The plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point in the appropriate zone of the Kansas plane coordinate system, shall consist of two distances expressed in feet and …

58-20a04. Describing land tracts, use of plane coordinate system. Descriptions of tracts of land by reference to subdivisions, lines or corners of the United States public land survey, or other original pertinent surveys, are hereby recognized as the basic and prevailing method f…

58-20a05. Tracts in more than one zone. When any tract of land to be defined by a single description extends from one zone into other adjacent zones, the position of all points on its boundaries shall be referred exclusively to only one of the multiple zones, the zone that is use…

58-20a07. Limitation of use on maps and documents. The use of the term Kansas plane coordinate system on any map, report of survey, or other document shall be limited to coordinates based on the Kansas plane coordinate system. History: L. 1995, ch. 80, § 7; L. 2024, ch. 12, § 9; …

58-20a08. Use of other datums and geodetic reference networks. The provisions of this act shall not be construed to prohibit the appropriate use of other datums and other geodetic reference networks, established by a state agency or county, such as the Kansas regional coordinate …

58-20a09. Plane coordinate system, defined. The Kansas coordinate systems of 1983 and 1927 were established for defining and stating the geographic positions or locations of points on the surface of the earth within the state of Kansas. The 1983 system is based on the geodetic re…

58-20a10. Citation of act. The provisions of K.S.A. 58-20a01 through 58-20a08*, and 58-20a08 through 58-20a10, and amendments thereto, shall be known and may be cited as the Kansas plane coordinate system act. History: L. 2024, ch. 12, § 3; July 1. Revisor's Note: * Reference to …

58-2101. Recordation; fees of register of deeds. Patents issued by the government of the United States, or copies of such patents properly certified from the general land office of the United States, and patents issued by the state of Kansas, or copies of such patents, properly c…

58-2102. Certified copy of record as evidence. A copy of the record of such patent, or of such certified copy of patent, as may have been heretofore or may be hereafter so recorded, duly certified by the register of deeds under the register's official seal as being a true copy of…

58-2103. Certified copy of patent as evidence. A certified copy of United States patent to land, certified to by the proper officer having such records in custody for the federal government as a true copy of the original patent issued by the president of the United States of Amer…

58-2201. Who deemed seized and possessed of lands. All persons owning lands not held by an adverse possession, shall be deemed to be seized and possessed of the same. History: G.S. 1868, ch. 22, § 1; October 31; R.S. 1923, 67-201. Law Review and Bar Journal References: Real estat…

58-2202. The term heirs is not necessary to estate in fee simple; what shall pass in conveyance of real estate. The term "heirs," or other words of inheritance, shall not be necessary to create or convey an estate in fee simple; and every conveyance of real estate shall pass all …

58-2203. Form of warranty deed. Any conveyance of lands, worded in substance as follows: A.B. conveys and warrants to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being dated, duly signed and acknowledged by the grantor, s…

58-2204. Form of quitclaim deed. Any conveyance of lands, worded in substance as follows: A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being duly signed and acknowledged by the grantor, shall be deemed t…

58-2205. How conveyances executed and acknowledged. Conveyances of land, or of any other estate or interest therein, may be made by deed, executed by any person having authority to convey the same, or by that person's agent or attorney, and may be acknowledged and recorded as her…

58-2206. Corporation conveyances executed prior to 1887 validated. All deeds, contracts and conveyances executed and acknowledged by private corporations, under and pursuant to section four of chapter twenty-two of the General Statutes of 1868, be and the same are hereby ratified…

58-2207. Title acquired after conveyance passes to grantee, when. Where a grantor by the terms of his or her deed undertakes to convey to the grantee an indefeasible estate in fee simple absolute, and shall not at the time of such conveyance have the legal title to the estate sou…

58-2208. Adverse possession; interest may be conveyed notwithstanding. Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she wa…

58-2209. Conveyance of real estate; signature required. All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by the party's lawful agent or attorney, and may be acknowledged or proved and certified i…

58-2210. Creation of trusts or powers, how executed. Declarations or creations of trusts or powers, in relation of real estate, must be executed in the same manner as deeds of conveyance; but this provision does not apply to trusts resulting from the operation or construction of …

58-2211. Acknowledgment of instrument relating to real estate. All conveyances, and other instruments affecting real estate must be acknowledged before a person authorized by the revised uniform law on notarial acts to perform notarial acts or, if acknowledged within this state, …

58-2214. Unacknowledged deed; proof of execution and delivery. If the grantor die before acknowledging the deed, or if for any other reason the grantor's attendance cannot be procured, in order to make the acknowledgment, or if, having appeared, the grantor refuses to acknowledge…

58-2215. Proof made before court or certain officers. Such proof may be made before any court or officer authorized to take acknowledgments as aforesaid. History: G.S. 1868, ch. 22, § 13; October 31; R.S. 1923, 67-215.