58-3212. Duties of responsible party.
58-3212
58-3212. Duties of responsible party.(a) The responsible party, at all times after transfer of the deedto the responsible party, shall:
(1) Perform the duties imposed by K.S.A. 2-1314 and amendments theretoalong the recreational trail;
(2) provide for the safety, use and accessibility of existing easements,utility facilities and access licenses along the recreational trail;
(3) provide for trail-user education and signs regarding trespassing lawsand safety along the recreational trail;
(4) provide for litter control and the enforcement of laws prohibitinglittering along the recreational trail, including but not limited to trail-usereducation and signs about laws prohibiting littering and the provision of trashreceptacles and the cleanup of trash and litter;
(5) develop and maintain the recreational trail in a condition that doesnot create a fire hazard;
(6) designate the recreational trail for nonmotorized vehicle use withexceptions only for motorized wheelchairs and maintenance, law enforcement andemergency vehicles;
(7) prohibit hunting or trapping on or from the recreational trail;
(8) provide for law enforcement along the recreational trail;
(9) grant easements to adjacent property owners to permit such owners tocross the recreational trail in a reasonable manner consistent with the use ofthe adjacent property and with K.S.A. 66-301 through 66-303, and amendmentsthereto;
(10) (A) maintain any existing fencing between the trail and adjacentproperty; (B)maintain any future fencing installed between the trail and adjacent property;(C) install between the trail and adjacent property fencing corresponding inclass to that maintained on the remaining sides of such adjacent property; and(D) on request of an adjacent property owner, pay one-half the cost ofinstalling fencing between the trail and such property owner'sadjacent property with a fence of the class requested by such property owner,if not all remaining sides of such property are fenced; and
(11) (A) maintain the trail; (B) maintain all bridges, culverts, roadwayintersections and crossings on the trail,essential to the reasonable and prudentoperation of the trail or needed for drainage, flood control or the use ofeasements for crossing the trail between adjacent properties,or cause maintenance thereof by otherparties that have assumed contractual responsibility therefor; and (C) installand maintain any warrantedtraffic signs on the trail.
(b) If the responsible party is not a governmental entity, the responsibleparty shall file with the county clerk of each county where a portion of therecreational trail is or will be located a bond or proof of an escrow accountin a Kansas financial institution, as defined by K.S.A. 16-117 and amendmentsthereto, payable to the county. The bond or proof of an escrow account shallbe filed at the time of transfer of the deed to the responsible party andannually thereafter. The bond or escrow account shall be conditioned on theresponsible party's performance, and shall be in an amount agreedupon between the responsible party and the county commission as sufficient tofully cover the annual costs, of:
(1) Weed control along the trail, as required by subsection (a)(1);
(2) litter control along the trail, as required by subsection (a)(4);
(3) maintenance of the trail in a condition that does not create a firehazard, as required by subsection (a)(5);
(4) installation and maintenance of fencing between the trail and adjacentproperty within the county, as required by subsection (a)(10); and
(5) installation and maintenance of signs along the trail, as required bysubsections (a)(3), (a)(4) and (a)(11)(C).
If separate bonds are submitted to or escrow accounts established for thevarious counties through which the trail transverses, the annual costs listedabove shall be only for that portion of the trail located within the particularcounty that is the holder of the bond or beneficiary of the escrow. Aresponsible party may submit a single bond or escrow account with multiplecounties respectively as coobligees or cobeneficiaries, but in that event theannual costs used in computation of the bond amount shall be for the entiretrail length.
(c) If the responsible party is not a governmental entity, the responsibleparty shall file with the county clerk of each county where a portion of therecreational trail is or will be located, proof of liability insurance in anamount agreed upon between the responsible party and the county commission assufficient. Such proof shall be filed at the time of transfer of the deed tothe responsible party and annually thereafter.
(d) The provisions of this section shall apply to all recreational trails,regardless of when approval to enter into negotiations for interim trail use isor was received from the appropriate federal agency.
(e) The provisions of this section may be modified or supplemented by anycity governing body for recreational trails within the corporate limits of suchcity in the manner provided by K.S.A. 12-137 et seq. and amendmentsthereto. If a city governing body adopts requirements in addition to thoseprovided by this section, the city shall pay all costs of compliance with suchadditional requirements.
History: L. 1996, ch. 223, § 2; July 1.