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Kansas State Land Right-of-Way (3-KS-b)

Information current as of 2020
In Kansas, a developer may need a State Land Right-of-Way or other approval from the state agency with custody and control over the state land for any project across, over, upon or under state land. 75 K.S.A. § 2131. The state land right-of-way permitting process differs pending on which state agency has jurisdiction over the land. 75 K.S.A. § 2131.

State Land Right-of-Way Process

3-KS-b.1 – Contact State Agency with Jurisdiction

In Kansas, a developer must contact the relevant state agency with jurisdiction over the state land subject to a proposed right-of-way for project development. Any Kansas State agency head has authority to grant a right-of-way easement across, over, upon or under any such state land to any person, firm or corporation owning or operating any public utility. 75 K.S.A. § 2131. Each state agency head has broad discretion to grant an easement for the purpose of constructing, maintaining or removing any powerline or other public utility installation or any equipment necessary to the operation, but must first obtain approval from the Attorney General’s office. 75 K.S.A. § 2131.

A state agency head is the chief administrative officer of a state agency or state institution. 75 K.S.A. § 3208(g). Kansas defines a public utility as any “...business or enterprise providing or furnishing directly or indirectly any commodity or service to the public…” 75 K.S.A. § 2130(c). A state agency head has discretion to condition approval of a state land right-of-way on requirements necessary “safeguard the public interest and to protect the use, present or future, of the state lands.” 75 K.S.A. § 2132.

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