48-933. Duty of individuals during disaster emergencies; compensation for loss of property, exceptions; claims procedure.
48-933
48-933. Duty of individuals during disaster emergencies; compensationfor loss of property, exceptions; claims procedure.(a) Each person within this state shall act and manage theaffairs of such person and such person's property in any way which reasonablywill assist and not detract from the ability of thestate and the public successfully to meet disasters. This obligationincludes appropriate personal service and use or restriction on the use ofproperty during a declared state of disaster emergency under K.S.A.48-924, and amendments thereto, or a declared state of local disasteremergency under K.S.A.48-932, and amendments thereto. This act neither increases nor decreasestheseobligations, but recognizes their existence under the constitution andstatutes and the common law of this state. Compensation for services or forthe taking or use of property shall be only to the extent that obligationsrecognized in this subsection are exceeded in a particular case and thenonly to the extent that the claimant may not be deemed to have volunteeredservices or property without compensation.
(b) No personal services may be compensated by the state or anysubdivision or agency thereof, except pursuant to statute enacted orordinance duly adopted therefor.
(c) Compensation for property shall be only if the property wascommandeered or otherwise used in coping with a disaster and its use ordestruction was ordered by the governor, adjutant general, an official of acounty, city or interjurisdictional disaster agency, or some otherauthorized member of the emergency management forces ofthis state.
(d) Any person claiming compensation for the use, damage, loss ordestruction of property under this act shall file a claim therefor in thedistrict court in the same manner as any other civil action. The courtshall determine the validity of such claim in the same manner and under thesame conditions prescribed for condemnation actions pursuant to K.S.A.26-501 et seq., and amendments thereto. Unless the amount ofcompensation on account of property damaged, lost or destroyed is agreedupon by the claimant and the adjutant general, the amount of compensationshall be calculated in the same manner as compensation due for a taking ofproperty pursuant to the condemnation law of this state.
(e) Nothing in this section applies to or authorizes compensation forthe destruction or damaging of standing timber or other property in orderto provide a fire break or for the release of waters or the breach ofimpoundments in order to reduce pressure or other danger from actual orthreatened flood.
History: L. 1975, ch. 283, § 13;L. 1994, ch. 248, § 20; July 1.