Printable Format68-102. Laying out, altering or vacating roads. (a) Upon petition of any adjacent landowner, the board of county commissioners may lay out, alter or vacate a road. The board of county commissioners also may layout or alter any road when deemed necessary by the board.
(b) The board of county commissioners may vacate any road in the county whenever the board determines such road is not a public utility by reason of neglect, nonuse, or inconvenience or from other cause or causes such road has become practically impassable and the necessity for such road as a public utility does not justify the expenditure of the necessary funds to repair such road or put the same in condition for public travel.
(c) Notice of the laying out, alteration or vacation of any road shall be given in the manner provided by K.S.A. 68-102a, and amendments thereto.
History: L. 1911, ch. 248, § 2; R.S. 1923, 68-102; L. 1931, ch. 243, § 1; L. 1945, ch. 265, § 1; L. 1951, ch. 374, § 1; L. 1997, ch. 74, § 5; L. 1999, ch. 146, § 1; July 1.
Source or Prior Law:
L. 1864, ch. 112, § 1; G.S. 1868, ch. 89, § 1; L. 1874, ch. 108, § 1.
Attorney General's Opinions:
County must accept abandoned state highways, but county may vacate such highways if cost of maintenance exceeds any practical use thereof. 87-124.
Classification and designation of roads in noncounty unit road system counties. 91-140.
County road unit system; maintenance of roads. 91-163.
County and township roads; maintenance; requirement that roads be accepted by county. 93-117.
Application of motor vehicle laws to all-terrain vehicles (ATV's); definitions; registration. 94-102.
County commission may designate an "open range road"; maintenance and repair by township; vacation of road; compensation of township officials. 94-116.
Roads; vacation in certain counties without petitions. 94-145.
Board of county commissioners has discretion to determine whether county road is to be opened. 2002-30.
Vacation of county roads; only adjacent landowners eligible for damages. 2009-12.
CASE ANNOTATIONS
1. Public acquires only an easement in the land. Comm'rs of Shawnee Co. v. Beckwith, 10 Kan. 603, 607.
2. Nature of evidence necessary to prove use as public highway. Cemetery Association v. Meninger, 14 Kan. 312.
3. Misdescription of road in bond will not vitiate proceedings. Casey v. Kilgore, 14 Kan. 478.
4. Petition necessary to confer jurisdiction; proceedings void unless jurisdiction obtained. Comm'rs of Wabaunsee Co. v. Muhlenbacker, 18 Kan. 129; Oliphant v. Comm'rs of Atchison Co., 18 Kan. 386.
5. Public cannot acquire by prescription any sooner than an individual. Oliphant v. Comm'rs of Atchison Co., 18 Kan. 386.
6. Principal petitioner is necessary party to proceedings in error. Commissioners of Chase Co. v. Carter, 24 Kan. 511.
7. Not established by prescription over government lands or open prairie. Smith v. Smith, 34 Kan. 293, 8 P. 385.
8. Land cannot be dedicated for road until complete title obtained. Smith v. Smith, 34 Kan. 293, 8 P. 385.
9. Petition necessary to confer jurisdiction; proceedings void unless jurisdiction obtained. Shaffer v. Weech, 34 Kan. 595, 9 P. 202.
10. Proceedings held valid without express finding that petitioners were householders. Schade v. Theel, 45 Kan. 628, 26 P. 38.
11. Petition necessary to confer jurisdiction upon commissioners. Mills v. Comm'rs of Neosho Co., 50 Kan. 635, 32 P. 361.
12. Commissioners granting petition cannot reconsider and vacate such road. Mills v. Comm'rs of Neosho Co., 50 Kan. 635, 32 P. 361.
13. Maintenance of fence sufficient to prevent prescriptive right from attaching. The State v. Cipra, 71 Kan. 714, 81 P. 488.
14. Vacation of road under provisions of section considered. The State, ex rel., v. Cowley County, 87 Kan. 732, 737, 125 P. 23.
15. Phrase "vicinity of the road," construed. Canaday v. Scott County, 104 Kan. 785, 786, 181 P. 121.
16. Petition for public road; residence of petitioner; statute interpreted. Sterling v. Finney County, 105 Kan. 423, 424, 185 P. 11.
17. Procedure for vacating roads is same as procedure for laying out road. Heatherman v. Kingman County Comm'rs, 123 Kan. 77, 78, 254 P. 321.
18. Statute governs changes made in public road avoiding turns or dangerous places. Ruff v. Shawnee County Comm'rs, 127 Kan. 188, 200, 272 P. 189.
19. Railroad not required to restore crossing unless sufficient inconvenience shown. State, ex rel., v. Thompson, 148 Kan. 196, 199, 80 P.2d 1070.
20. Section mentioned but not applied or construed. City of Hutchinson v. Wagoner, 163 Kan. 735, 740, 186 P.2d 243.
21. City cannot vacate township roads. Wagoner v. City of Hutchinson, 169 Kan. 44, 47, 216 P.2d 808.
22. Cited; review of certain statutes applicable to township roads. Clay Township v. Pebley, 207 Kan. 59, 60, 61, 483 P.2d 1101.
23. When a board of county commissioners orders the vacation of a road, the action is administrative and not appealable without statutory authority. In re Helbach, 6 Kan. App. 2d 39, 626 P.2d 1192.