Session of 1998
                   
HOUSE BILL No. 2987
         
By Committee on Federal and State Affairs
         
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            9             AN ACT concerning county roads; relating to the removal of poles, piers,
10             pipelines and fixtures from rights-of-way.
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12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) Whenever any person, firm or any corporation created
14       for the purpose of constructing and maintaining magnetic telegraph or
15       telephone lines or other telecommunication facilities or for the purpose
16       of constructing and maintaining lines for the transmission of electric cur-
17       rent or for the purpose of transporting oil or gas or water by pipelines,
18       or municipal corporations, shall construct or maintain poles, piers, abut-
19       ments, pipelines or other fixtures along, upon or across any county road
20       or highway, such poles, wires, piers, abutments, pipelines and other fix-
21       tures shall be located upon that part of the right-of-way of the county
22       road or highway designated by the board of county commissioners. The
23       board of county commissioners may require the removal of such poles,
24       piers, abutments, wires and pipelines and other fixtures upon county
25       roads and highways from any location on the county roads and highways
26       to such part of the right-of-way of the county roads and highways as the
27       board of county commissioners shall designate. If such person, firm or
28       corporation, upon receiving notice of the requirement of the board of
29       county commissioners that such poles, piers, abutments, wires, pipelines
30       or other fixtures be moved, fails to comply with any such requirement,
31       the board may remove such poles, piers, abutments, wires, pipelines and
32       other fixtures to such place on the right-of-way of the county roads and
33       highways as may be designated by the board, and the cost of such removal
34       shall be paid to the board by such person, firm or corporation upon a
35       statement of cost being furnished to such person, firm or corporation.
36           If such person, firm or corporation refuses to pay the charges, the board
37       of county commissioners shall notify the county attorney, who shall bring
38       suit against such person, firm or corporation in the name of the county
39       to recover the amount. Any amounts received from such persons, firms
40       or corporations shall be deposited in the county road and bridge fund.
41           (b) In addition to the powers provided in subsection (a), the board
42       of county commissioners may advance moneys to a public utility or entity
43       when the utilities, structures or facilities of such public utility or entity

HB 2987

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  1       are being moved, modified or relocated and in the board's opinion the
  2       expeditious movement, modification or relocation of such utilities, struc-
  3       tures or facilities, from current or proposed road or highway right-of-way,
  4       is necessitated by a current or proposed road or highway project. The
  5       board of county commissioners shall not advance moneys to a public util-
  6       ity or entity, unless such public utility or entity can demonstrate a financial
  7       need for the advancement of such moneys.
  8           The board of county commissioners shall not advance moneys in excess
  9       of $20,000, per project, to any one public utility or entity. Such public
10       utility or entity advanced money by the board shall pay interest upon such
11       money at the rate of interest equal to the average yield before taxes re-
12       ceived on 91-day United States treasury bills as determined by the federal
13       reserve banks as fiscal agents of the United States at its most recent public
14       offering of such bills prior to the date of the advancement of such money.
15       The term for the repayment of such money by such public utility or entity
16       shall not exceed 60 months.
17           Nothing in this subsection shall give any public utility or entity any
18       standing on rights of compensation not currently available under law, and
19       all such payments are deemed a matter of legislative policy to rest solely
20       within the discretion of the board of county commissioners for the pur-
21       pose of expediting the construction, reconstruction or maintenance of the
22       county road and highway system.
23           The board of county commissioners shall adopt rules and regulations
24       establishing the procedure and criteria for the advancement of moneys
25       under the provisions of this subsection.
26           (c) Notwithstanding the provisions of subsection (a), any rural water
27       district created under the provisions of K.S.A. 82a-612 et seq., and
28       amendments thereto, which, after excluding such water lines that cross a
29       county road or highway, has 90% or more of its remaining water lines on
30       private right-of-way and is required to relocate such district's water lines
31       in accordance with subsection (a): (1) Shall be reimbursed for such dis-
32       trict's costs for relocating such water lines; or (2) if the board of county
33       commissioners relocates the district's water lines, such district shall not
34       be required to reimburse the board the costs for relocating such water
35       lines. The provisions of this subsection shall apply to all county road and
36       highway funded projects, including any highway projects currently in pro-
37       gress.
38           Sec. 2. This act shall take effect and be in force from and after its
39       publication in the statute book.
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