Chapter 58, PERSONAL AND REAL PROPERTY

58-3411. Construction of act. This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in K.S.A. 58-3403, subject only to such limitations as…

58-3412. Extension of time period. If the twenty-five-year period specified in this act has expired prior to July 1, 1986, the period shall be extended to July 1, 1986. History: L. 1973, ch. 227, § 12; L. 1984, ch. 206, § 6; July 1. Attorney General's Opinions: Marketable record …

58-3501. Purpose of act. The purpose of this act is to authorize compliance with the provisions of the federal uniform relocation assistance and real property acquisition policies act of 1970 (P.L. 91-646, 42 U.S.C.A. 4601 et seq.), and amendments thereto, and as used in this act…

58-3502. Displacement of persons pursuant to programs involving federal government; powers of state and local governments; relocation payments. Whenever any program or project is undertaken by the state of Kansas, any agency or political subdivision thereof, under which federal f…

58-3503. Appeal by persons aggrieved by determination for payment. Any displaced person aggrieved by a determination as to eligibility for a payment authorized by this act, or the amount of payment, may have his or her application reviewed by the administrative head or governing …

58-3504. Application of act to condemnation proceedings. Nothing in this act shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to the date of enactment of …

58-3506. Rules and regulations. State agencies and political subdivisions administering this act may adopt such rules and regulations as may be necessary to carry out the provisions of this act. History: L. 1973, ch. 228, § 6; April 2. CASE ANNOTATIONS 1. Section construed to aut…

58-3507. Relocation assistance payments exempt from state setoff procedures. All payments authorized by the secretary of transportation for relocation assistance pursuant to either K.S.A. 58-3501 et seq., and amendments thereto, or the federal uniform relocation assistance and re…

58-3508. Displacement of persons by action of condemning authority; relocation payments and assistance. On and after July 1, 2004: (a) Whenever federal funding is not involved, real property is acquired by any condemning authority through negotiation in advance of a condemnation …

58-3509. Appeals of a determination of relocation payments; requirements and procedures. On and after July 1, 2004: (a) Any displaced person entitled to benefits under this article may appeal by written notice to the state, agency or political subdivision a determination of reloc…

58-3610. Citation of act. This act may be cited as the "uniform management of institutional funds act." History: L. 1973, ch. 226, § 10; July 1. Revisor's Note: This statute should have been repealed when the uniform management of institutional funds act was repealed.

58-3611. Citation of act. This act may be cited as the uniform prudent management of institutional funds act. History: L. 2008, ch. 20, § 1; July 1.

58-3612. Definitions. In this act: (1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose or any other purpose the achievement of which is beneficial to the community. (2) "E…

58-3613. Standard of conduct in managing and investing institutional fund. (a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purpo…

58-3614. Appropriation for expenditure or accumulation of endowment fund; rules of construction. (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution det…

58-3615. Delegation of management and investment functions. (a) Subject to any specific limitation set forth in a gift instrument or in law other than this act, an institution may delegate to an external agent the management and investment of an institutional fund to the extent t…

58-3616. Release or modification of restrictions on management, investment or purpose. (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an ins…

58-3617. Reviewing compliance. Compliance with this act is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. History: L. 2008, ch. 20, § 7; July 1.

58-3618. Application to existing institutional funds. This act applies to institutional funds existing on or established after the effective date of this act. As applied to institutional funds existing on the effective date of this act this act governs only decisions made or acti…

58-3619. Relation to electronic signatures in global and national commerce act. This act modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101 of that act,…

58-3620. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2008, ch. 20, § 10; July 1.

58-3621. Citation of act; purpose. (a) K.S.A. 58-3621 through 58-3625, and amendments thereto, shall be known and may be cited as the donor intent protection act. (b) The purpose of K.S.A. 58-3621 through 58-3625, and amendments thereto, is to provide legal recourse to an individ…

58-3622. Definitions. For purposes of K.S.A. 58-3621 through 58-3625, and amendments thereto: (a) "Charitable organization" means an organization organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, educational or other sp…

58-3623. Violation of donor-imposed restrictions prohibited; complaint of violation; jurisdiction, venue, damages, limitations; remedies available. (a) Except where specifically required or authorized by federal or state law, including, but not limited to, K.S.A. 58-3616, and ame…

58-3624. Judicial declaration of rights and duties. A charitable organization may obtain a judicial declaration of rights and duties expressed in an endowment agreement containing donor-imposed restrictions as to all of the actions that such agreement contemplates, including, but…

58-3625. Application and construction of act. The provisions of K.S.A. 58-3621 through 58-3624, and amendments thereto, shall not apply to any release or modification of any donor restriction or purpose ordered or made pursuant to K.S.A. 58-3616, and amendments thereto, prior to …

58-3701. Citation of act. This act shall be known and may be cited as the "townhouse ownership act." History: L. 1975, ch. 291, § 1; July 1.

58-3702. Definitions. As used in this act, unless the context otherwise requires: (a) "Townhouse unit" means one single-family townhouse residential unit which may be joined together with at least one additional single-family townhouse residence by a common wall or walls, and/or …

58-3703. Scope of act. This act shall be applicable only to real estate which is submitted to the provisions hereof by duly executing and recording a declaration as hereinafter provided. History: L. 1975, ch. 291, § 3; July 1.

58-3704. Townhouse units. Each townhouse unit, together with all rights appurtenant thereto, shall for all purposes constitute real property. History: L. 1975, ch. 291, § 4; July 1.

58-3705. Covenants, conditions and restrictions. Each townhouse unit owner shall comply with all the covenants, conditions and restrictions set forth or referred to in the declaration and all amendments thereto. History: L. 1975, ch. 291, § 5; July 1.

58-3706. Declaration; contents. The declaration shall contain the following particulars: (a) Description of the real estate on which the townhouse units are or are to be located. (b) Description of the townhouse units. (c) Description of the common areas and facilities. (d) All c…

58-3707. Recordation of declaration and legal description; plat not recorded, when. (a) There shall be recorded simultaneously with the declaration, at the office of the register of deeds, one or more plats of survey showing the legal description, the location and dimensions of t…

58-3708. Amendments to declaration. The declaration, any amendment, or amendments thereof, any instrument by which the provisions of this act may be waived, and every instrument affecting the common area and facilities, or any townhouse unit, shall be entitled to be recorded. Nei…

58-3709. No exemption from liability. No townhouse unit owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities, or by abandonment of his or her townhous…

58-3710. Common expenses; liens; foreclosure sale. All sums assessed by the association, but unpaid, for the share of the common expenses chargeble to any townhouse unit shall constitute a lien on such townhouse unit prior to all other liens except (i) tax liens on the townhouse …

58-3711. Effect of conveyances. In a voluntary conveyance, the grantee of a townhouse unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grantor conveyance, wi…

58-3712. Insurance coverage; proceeds; blanket coverage. The declaration shall require each townhouse owner to maintain fire and extended coverage insurance against loss or damage by fire or other casualty to the full replacement value of the townhouse unit, excluding land, found…

58-3713. Townhouse units unaffected, when. No townhouse unit created prior to the effective date of this act shall be affected by this act without the consent of all townhouse owners and their first mortgagees expressed in an amended declaration duly recorded. History: L. 1975, c…

58-3801. Creation of solar easements; recordation. Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing. The instrument containing such easement shall be recorded with the register of deeds of the county within which the property …

58-3802. Contents of instrument. Any instrument creating a solar easement shall include but the contents shall not be limited to: (a) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement…

58-3810. Definitions. As used in this act, unless the context otherwise requires: (a) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural,…

58-3811. Creation of conservation easement; duration; impairment; conveyance or assignment. (a) A conservation easement may be created only by the record owner of the surface of the land specifically stating the intention of the grantor to create such an easement under this act. …

58-3812. Judicial actions; who may bring action affecting conservation easement; modification or termination by court. (a) An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) a holder of the…

58-3813. Validity of conservation easement. A conservation easement is valid even though: (a) It is not appurtenant to an interest in real property; (b) it can be or has been assigned to another holder; (c) it is not of a character that has been recognized traditionally at common…

58-3814. Application of act. (a) This act applies to any interest created after its effective date which complies with this act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. (b) This act applies to any in…

58-3815. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the act among states enacting it. History: L. 1992, ch. 302, § 16; July 1.

58-3816. Certain utility and water district easements not impaired. Nothing in this act shall be construed so as to impair the rights of a public utility or city with respect to the acquisition of rights-of-way, easements or other property rights, whether through voluntary convey…

58-3817. Citation of act. This act shall be known and may be cited as the uniform conservation easement act. History: L. 1992, ch. 302, § 18; July 1.

58-3820. Restrictive covenants; political yard signs; limitations. (a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days…