Session of 1998
HOUSE BILL No. 2987
By Committee on Federal and State Affairs
2-24
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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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