68-415. Removal of poles, piers, abutments, pipelines or other fixtures along highway; procedure; advancement of moneys to utilities for removal or relocation of utilities, structures or facilities; r
68-415
68-415. Removal of poles, piers, abutments, pipelines or otherfixtures along highway; procedure; advancement of moneys to utilities forremoval or relocation of utilities, structures or facilities; rural waterdistricts' water lines.(a) Whenever any person, firm or any corporation created for the purpose ofconstructing and maintaining magnetic telegraph or telephone linesor other telecommunication facilitiesor forthe purpose of constructing and maintaining linesfor the transmission ofelectric current or for the purpose of transporting oil or gas or water bypipelines, or municipal corporations, shall construct or maintain poles,piers, abutments, pipelines or other fixtures along, upon or across anystate highway, such poles, wires, piers, abutments, pipelines and otherfixtures shall be located upon that part of the right-of-way of the statehighway designated by the secretary of transportation. The secretary oftransportation may require the removal of such poles, piers, abutments,wires and pipelines and other fixtures upon state highways from anylocation on the state highways to such part of the right-of-way ofthe state highways as the secretary of transportation shall designate, and ifsuch person, firm or corporation, upon receiving notice of the requirementof the secretary of transportation that such poles, piers, abutments,wires, pipelines or other fixtures be moved, fails tocomply with any such requirement, the secretary of transportation mayremove such poles, piers, abutments, wires, pipelines and other fixturesto such place on the right-of-way of the state highways as may bedesignated by the secretary of transportation, and the cost of such removalshall be paid to the secretary of transportation by such person, firm orcorporation upon a statement of cost being furnished to such person, firmor corporation.
If such person, firm or corporation refuses to paythe charges, thesecretary of transportation shall notify the attorney general, who shallbring suit against such person, firm or corporation in the name of thestate to recover the amount. Any amounts received from such persons, firmsor corporations shall be deposited in the state treasury and credited tothe fund from which the cost of such removal was paid.
(b) In addition to the powers provided in subsection (a), thesecretary may advance moneys to a public utility or entity whenthe utilities, structures or facilities of such public utility or entityare being moved, modified or relocatedand in the secretary's opinion the expeditious movement, modification orrelocation of such utilities, structures or facilities, from current orproposed highway right-of-way, is necessitated by a current or proposedhighway project. The secretary shall not advance moneys to a public utilityor entity, unless such public utility or entity can demonstrate a financialneed forthe advancement of such moneys.
The secretary shall not advance moneys inexcess of $20,000, per project, to any one public utility or entity.Such public utility or entity advanced money by the secretary shall payinterest upon such money at the rate of interestequal to theaverage yield before taxes received on 91-day United States treasury bills asdetermined by the federal reserve banks as fiscal agents of the United Statesat its most recent public offering of such bills prior to the date of theadvancement of such money. Thetermfor the repayment of such money by such public utility or entity shall notexceed 60 months.
Nothing in this subsection shall give any public utility or entity anystanding on rights of compensation not currently available under law, andall such payments are deemed a matter of legislative policy to rest solelywithin the discretion of the secretary of transportation for the purpose ofexpediting the construction, reconstruction or maintenance of the state highwaysystem.
The secretary of transportation shall adopt rules andregulations establishing the procedure and criteria for the advancement ofmoneys under the provisions of this subsection.
(c) Notwithstanding the provisions of subsection (a), any rural waterdistrict created under the provisions of K.S.A. 82a-612 et seq., andamendmentsthereto, which, after excluding such water lines that cross a highway, has 90%or more of its remaining water lines on private right-of-way andis required to relocate such district's water lines in accordance withsubsection (a): (1) Shall be reimbursed for such district's costs forrelocating such water lines; or (2) if the secretary of transportationrelocates the district's water lines, such district shall not be required toreimburse the secretary of transportation the costs for relocating such waterlines. The provisions of this subsection shall apply to all state highwayfunded projects, including any highway projects currently in progress.
History: L. 1929, ch. 225, § 16; L. 1975, ch. 426, §56;L. 1990, ch. 247, § 1;L. 1992, ch. 146, § 4;L. 1995, ch. 68, § 1; Apr. 6.