32-833. Authority to purchase land; conditions and limitations. (a) (1) Notwithstanding the provisions of K.S.A. 32-807(f), and amendments thereto, or any other provisions of law to the contrary, the secretary of wildlife, parks and tourism shall not purchase any land unless:
(A) The secretary of wildlife, parks and tourism has certified that the land proposed to be purchased is in compliance with the provisions of article 13 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, concerning control and management of noxious weeds after consultation with the county weed supervisor and has developed a written plan for controlling and managing noxious weeds on the land to be purchased;
(B) the secretary of wildlife, parks and tourism shall agree to make payment of moneys in lieu of taxes comparable to the ad valorem tax payments of surrounding lands for any land purchased which is exempt from the payment of ad valorem taxes under the laws of the state of Kansas; and
(C) the secretary of wildlife, parks and tourism has developed a management plan for the property proposed to be purchased.
(2) In addition to the requirements prescribed by this section and otherwise by law, any proposed purchase of a tract or tracts of land which are greater than 160 acres in the aggregate shall be subject to approval by act of the legislature, either as a provision in an appropriation act pertaining to the specific property to be purchased or by any other act of the legislature that approves the acquisition of the specific property proposed to be purchased, or by approval by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto.
(3) The provisions of this subsection shall not apply to any purchase of land by the secretary, which is less than 640 acres in the aggregate and owned by a private individual, if the purchase price is an amount less than such land's appraised valuation.
(b) (1) Notwithstanding the provisions of K.S.A. 32-807(f), and amendments thereto, or any other provisions of law to the contrary, the secretary of wildlife, parks and tourism shall adopt guidelines and procedures prescribing public notice requirements that the secretary shall comply with before the selling of any land which shall include, but not be limited to, the following:
(A) A written notice shall be posted in a conspicuous location on such land stating the time and date of the sale, or the date after which the land will be offered for sale, and a name and telephone number of a person who may be contacted concerning the sale of such land;
(B) the secretary shall cause to be published in a newspaper of general circulation in the county the land is located once a week for three consecutive weeks, the secretary's intent to sell the land which shall include a legal description of the land to be sold, the time and date of the sale or the date after which the land will be offered for sale, the general terms and conditions of such sale, and a name and telephone number of a person who may be contacted concerning the sale of such land; and
(C) the secretary shall publish in the Kansas register public notice of the secretary's intent to sell the land which shall include a legal description of the land to be sold, the time and date of the sale or the date after which the land will be offered for sale, the place of the sale, the general terms and conditions of such sale, and a name and telephone number of a person who may be contacted concerning the sale of such land.
(2) The secretary shall have the land appraised by three disinterested persons. In no case shall such land be sold for less than the average of its appraised value as determined by such disinterested persons.
(3) The secretary shall list such land with a real estate agent who is licensed by the Kansas real estate commission as a salesperson under the real estate brokers' and salespersons' license act, and who shall publicly advertise that such land is for sale.
(4) Prior to closing the transaction on a contract for the sale of such land, the secretary shall cause a survey to be conducted by a licensed land surveyor. Such survey shall establish the precise legal description of such land and shall be a condition precedent to the final closing on such sale.
(c) Any disposition of land by the secretary shall be in the best interest of the state.
(d) The provisions of paragraph [subsection] (a)(2) shall not apply to lands of less than 640 acres purchased with natural resource damage and restoration funds in the southeast Kansas counties of Cherokee, Crawford, Labette and Neosho.
History: L. 2006, ch. 150, § 5; L. 2011, ch. 65, § 2; L. 2012, ch. 47, § 28; L. 2015, ch. 19, § 1; July 1.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
Article 8 - Department Of Wildlife, Parks And Tourism
32-801 Establishment of department; secretary; application of K-GOAL.
32-802 Assistant secretaries; employees; offices; wildtrust program.
32-803 Department and secretary continuation of fish and game commission.
32-804 Department and secretary continuation of park and resources authority.
32-808 Conservation officers and employees; training requirements; powers and authority.
32-809 State agricultural production fund.
32-811 Same; assistant secretaries.
32-812 Division of tourism; director; administration.
32-817 Rights saved in legal actions and proceedings.
32-818 Transfer of officers and employees; rights and benefits preserved.
32-824 Federal assistance for land and water conservation; department official agency.
32-825 Same; powers of department.
32-827 Federal assistance for development of natural resources; department official agency.
32-828 Assent to wildlife restoration act; use of fees.
32-829 Assent to fish restoration and management projects act; use of fees.
32-830 Local governments; conveyances to department.
32-831 Cooperation with state and local agencies.
32-832 Cooperation with citizen-support organizations.
32-833 Authority to purchase land; conditions and limitations.
32-834 Purchase of land in Jefferson county, Kansas.
32-835 Purchase of land in Cherokee county.
32-836 Purchase of land in Pottawatomie county.
32-838 Eisenhower state park; name.
32-838a Cross Timbers state park; name.
32-838b Kaw River state park; name.
32-839 Steve Lloyd wetlands designated.
32-841 Donated lands; remission of taxes.
32-842 Acquisition of land under fish and wildlife coordination act; notice and hearing.
32-843 Same; legislative approval.
32-844 Real estate transactions proposed or entered into; report to legislature.
32-845 Contracts with federal agencies; legislative approval, when.
32-846 Approval of agreement and lease for Milford Lake wetlands.
32-847 Flint Hills advisory council; organization; duties.
32-850 Mineral leases; authorization.
32-852 Same; liability for damages.
32-853 Same; restriction as to uses or occupancy.
32-854 Same; disposition of proceeds.
32-857 Revenue bonds; authority to issue.
32-858 Same; disposition of proceeds.
32-859 Same; form; validity; negotiability; replacement.
32-860 Same; pledge of revenues.
32-861 Same; default on payment; remedies.
32-864 Same; refunding revenue bonds authorized.
32-867 Resort bonds; definitions.
32-869 Same; amount of bonds authorized; payment.
32-870 Same; zoning regulations subject to secretary's approval.
32-872 Same; acquisition of site; construction and operation of resort.
32-873 Same; legislative approval of site and amount of bonds.
32-874 Lake resorts; feasibility study.
32-874b Same; negotiations with lake resort communities.
32-874c Same; negotiations with federal agencies.
32-874d Same; requests for proposals; advertisement; negotiations with developers.
32-874e Same; joint report to legislature.
32-876 Hatchery bonds; definitions.
32-877 Same; hatchery stamps to pay bonds; disposition of excess revenues.
32-878 Same; bonds authorized; pledge of revenues; covenants and agreements.
32-879 Same; bonds not state indebtedness; contracts binding.
32-880 Same; refunding revenue bonds authorized.
32-881 Same; disposition of bond proceeds.
32-884 Same; authority and powers conferred by act.
32-885 Same; notice of intent to issue; actions to contest validity limited.
32-886 Family oriented lodging sites in state parks.
32-887 Same; leases for improvement and development.
32-888 Same; proposals for bids; advertisement thereof; negotiations.
32-889 Same; property tax exemption; payments in lieu of taxes; disposition.