55-169a. Same; definitions.
55-169a
55-169a. Same; definitions.As used in this actand in K.S.A. 55-155, 55-173 and K.S.A. 2009 Supp. 55-151, and amendmentsthereto:
(a) "Surface" or "surface estate" means a specific tract of landand improvements thereon created by and held in fee or otherlegal title under a deed or other instrument of conveyance, orequitable title under a recorded contract for deed, by a personother than the United States, a state, an Indian tribalorganization or any agency, instrumentality or subdivision of any of theforegoing, regardless of whether such person also owns orotherwise holds interest in the mineral estate underlying thesurface estate; and
(b) "surface owner" means a person or a designee of such person who holds orowns legaltitle to the surface estate or an interest therein, as shown onthe records of the register of deeds for the county where thesurface estate is located, and who is assessed real estateproperty taxes in accordance with the records of the countytreasurer, except that surface owner shall not include a tenantor persons whose only rights to use that surface estate are basedupon an easement, right-of-way, license, mortgage lien, severedmineral interest or any non-possessory interest in the surface.
History: L. 2009, ch. 127, § 2; July 1.