68-2074. Additional powers of authority; costs arising therefrom.
68-2074
68-2074. Additional powers of authority; costs arising therefrom.The authority shall have power to construct grade separations atintersections of any highway project with public highways and to change andadjust the lines and grades of such public highways so as to accommodatethe same to the design of such grade separation. The cost of such gradeseparations and any damage incurred in changing and adjusting the lines andgrades of such public highways shall be ascertained and paid by theauthority as a part of the cost of such highway project.
If the authority shall find it necessary to change the location of anyportion of any public highway, it shall cause the same to be reconstructedat such location as the authority shall deem most favorable andsubstantially the same type and in as good condition as the original publichighway. The cost of such reconstruction and any damage incurred inchanging the location of any such public highway shall be ascertained andpaid by the authority as a part of the cost of such highway project:Provided, The authority shall not change the location of any portionof a public highway which is a part of the state highway system without theapproval of the secretary of transportation.
Any public highway affected by the construction of any highway projectmay be vacated or relocated by the authority in the manner now provided bylaw for the vacation or relocation of public roads, and any damages awardedon account thereof shall be paid by the authority as a part of the cost ofsuch highway project.
In addition to the foregoing powers the authority and its authorizedagents and employees may enter upon any lands, waters and premises in thestate for the purpose of making surveys, soundings, drillings andexaminations as they may deem necessary or convenient for the purposes ofthis act, and such entry shall not be deemed a trespass, nor shall an entryfor such purposes be deemed an entry under any condemnation proceedingswhich may be then pending. The authority shall make reimbursement for anyactual damage resulting to such lands, waters and premises as a result ofsuch activities.
The authority shall also have power to make reasonable regulations forthe installation, construction, maintenance, repair, renewal, relocation oftracks, pipes, mains, conduits, cables, wires, towers, poles and otherequipment and appliances (herein called "transmission facilities") of anypublic utility, pipeline company or pipeline operator in, on, along, overor under any highway project. Whenever the authority shall determine thatit is necessary that any such transmission facilities which now are, orhereafter may be, located, in, on, along, over or under any highwayproject, shall be relocated in such highway project, the owner or operatorof such facilities shall relocate the same in accordance with the order ofthe authority: Provided, however, That the cost and expenses of suchrelocation, including the cost of installing such facilities in a newlocation or new locations, and the cost of any lands, or any rights orinterests in lands, and any other rights, acquired to accomplish suchrelocation, shall be ascertained and paid by the authority as a part of thecost of such highway project. In case of any such relocation of facilities,the owner or operator of the same, their successors or assigns, maymaintain and operate such facilities, with the necessary appurtenances, inthe new location or new locations, for as long a period, and upon the sameterms and conditions, as they had the right to maintain and operate suchfacilities in their former location or locations. The authority shall alsohave power to enter into contracts with any landowners for the constructionand maintenance of underpasses and bridges under and across any highwayproject running across or through such landowner's land.
The state hereby consents to the use of all lands owned by it, includinglands lying under water, which are deemed by the authority to be necessaryfor the construction or operation of any highway project.
The authority is hereby authorized and empowered to acquire by purchase,whenever it shall deem such purchase expedient, solely from funds providedunder the authority of this act, such lands, structures, property, rights,rights-of-way, franchises, easements and other interests in lands,including lands lying under water and riparian rights, which are locatedwithin this state, as it may deem necessary or convenient for theconstruction and operation of any highway project, upon such terms and atsuch prices as may be considered by it to be reasonable and can be agreedupon between it and the owner thereof, and to take title thereto in thename of the state.
Whenever a reasonable price cannot be agreed upon, or whenever the owneris legally incapacitated or absent, unknown or unable to convey validtitle, the authority is hereby authorized and empowered to acquire bycondemnation any lands, property, rights, rights-of-way, franchises,easements and other property, including public lands, parks, playgrounds,reservations, highways, or parkways, or parts thereof or rights therein, ofany person, copartnership, association or other corporation, municipalityor political subdivision deemed necessary or convenient for theconstruction or the efficient operation of any highway project, suchcondemnation power to be exercised in the manner provided by K.S.A. 26-501through 26-516, inclusive, and amendments thereto.
History: L. 1972, ch. 249, § 5; L. 1975, ch. 427, §195; Aug. 15.