32-840. Eminent domain. (a) The secretary, in the name of the state of Kansas, may exercise the right of eminent domain in accordance with the eminent domain procedure act (K.S.A. 26-501 et seq., and amendments thereto) for the purpose of acquiring lands, water and water rights necessary to:
(1) Carry out the provisions of the wildlife, parks and tourism laws of this state and the purposes for which the department is created; or
(2) protect, add to and improve state parks, state lakes, recreational areas, wildlife areas and sanctuaries, natural areas, fish hatcheries and other lands, waters and facilities provided for by K.S.A. 32-807, and amendments thereto.
(b) The taking, using and appropriating of property as authorized by subsection (a)(2) for the purposes of protecting lands, waters and facilities and their environs and preserving the view, appearance, light, air, health and usefulness thereof by reselling such property with such restrictions in the deeds of resale as will protect the property taken for such purposes is hereby declared to be taking, using and appropriating of such property for public use. The proceeds arising from the resale of any property so taken shall be used by the secretary for the purpose of improving lands, waters and facilities under the jurisdiction and control of the secretary.
(c) Upon request of the secretary, the attorney general shall proceed by proper action to acquire by condemnation all lands, or rights therein or thereon, and all water or water rights required by the department pursuant to this section.
History: L. 1927, ch. 221, § 7; L. 1943, ch. 172, § 1; L. 1989, ch. 118, § 19; L. 2012, ch. 47, § 30; 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.