72-8212a. Acquisition of real property under eminent domain power; conditions; procedures.
72-8212a
72-8212a. Acquisition of real property under eminentdomain power; conditions;procedures.(a) A unified school district may acquire by condemnation, for school purposes,any interest in real property, including fee simple title.If, within 10 years after entry of final judgment under K.S.A. 26-511, andamendments thereto, theschool district fails to construct substantial buildings or improvementsthat are used for school purposes on any real property acquired under thissubsection, the school district shall notifythe original owners or their heirs or assigns that they have an option topurchase the property from the school district for an amount equal to thecompensation awarded for the property under the eminent domain proceduresact. Such option shall expire if not exercised within a period of six monthsafter the date of the expiration of the 10-year period.
(b) A unified school district may acquire by condemnation, for any purposewhatsoever, any reversionary interest held by others in real property whichthe school district has previously acquired by condemnation, deed or contractif:
(1) The district, or its predecessor districts, has constructed substantialimprovements on the property; and
(2) the school district, or its predecessor districts, has held an interestin the property for at least 20 years.
(c) When the board of education of a unified school district considersit necessary to condemn a property interest pursuant tothis section, the board shall declare the necessity by resolution and shallauthorize a licensed land surveyor or aprofessional engineer who is competent to conduct a land survey to make asurvey and description of the propertyand the interest to be condemned and to file them with the clerk of theboard. The resolution shall be published once in a newspaper having generalcirculation in the school district. Upon the filing of the survey anddescription,the board of education shall provide by resolution for the acquisition ofthe property interest by condemnation. The resolution shall set forth adescription of the property, the interest to be condemned and the purposefor which the property is and will be used. The board of education, as soonas practicable after the passage of the resolution, shall proceed to exercisethe power of eminent domain in the manner provided by the eminent domainprocedureact.
History: L. 1982, ch. 301, § 1;L. 2006, ch. 192, § 11; July 1.