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72-1144. Acquisition of real property under eminent domain power; conditions; procedures. (a) A unified school district may acquire by condemnation, for school purposes, any interest in real property, including fee simple title. If, within 10 years after entry of final judgment under K.S.A. 26-511, and amendments thereto, the school district fails to construct substantial buildings or improvements that are used for school purposes on any real property acquired under this subsection, the school district shall notify the original owners or their heirs or assigns that they have an option to purchase the property from the school district for an amount equal to the compensation awarded for the property under the eminent domain procedures act. Such option shall expire if not exercised within a period of six months after the date of the expiration of the 10-year period.

(b) A unified school district may acquire by condemnation, for any purpose whatsoever, any reversionary interest held by others in real property which the school district has previously acquired by condemnation, deed or contract if:

(1) The district, or its predecessor districts, has constructed substantial improvements on the property; and

(2) the school district, or its predecessor districts, has held an interest in the property for at least 20 years.

(c) When the board of education of a unified school district considers it necessary to condemn a property interest pursuant to this section, the board shall declare the necessity by resolution and shall authorize a licensed land surveyor or a professional engineer who is competent to conduct a land survey to make a survey and description of the property and the interest to be condemned and to file them with the clerk of the board. The resolution shall be published once in a newspaper having general circulation in the school district. Upon the filing of the survey and description, the board of education shall provide by resolution for the acquisition of the property interest by condemnation. The resolution shall set forth a description of the property, the interest to be condemned and the purpose for which the property is and will be used. The board of education, as soon as practicable after the passage of the resolution, shall proceed to exercise the power of eminent domain in the manner provided by the eminent domain procedure act.

History: L. 1982, ch. 301, § 1; L. 2006, ch. 192, § 11; July 1.

Source or Prior Law:

72-4701 et seq., 72-8212a.

Attorney General's Opinions:

Legal publications of unified school districts; newspaper of general circulation. 97-74.

CASE ANNOTATIONS

1. Construing K.S.A. 72-4701; district does not acquire fee simple title; property not used for school purposes or abandoned, title reverts to former owner. Board of Education of U.S.D. 512 v. Vic Regnier Builders, Inc., 6 Kan. App. 2d 888, 889, 890, 893, 894, 636 P.2d 802 (1981).

2. Extensive review of condemnation law; school district may acquire fee title to property by condemnation (dissenting opinion). Board of Education of U.S.D. 512 v. Vic Regnier Builders, Inc., 231 Kan. 731, 748, 750, 648 P.2d 1143 (1982).

3. Reversionary interest condemned; taking was for public purpose and not subject to limitations of contract clause. Young Partners v. U.S.D. No. 214, 284 Kan. 397, 405 to 413, 160 P.3d 830 (2007).

4. Administrative ordinance not subject to initiative and referendum; principles discussed whether ordinance administrative or legislative. McAlister v. City of Fairway, 289 Kan. 391, 212 P.3d 184 (2009).

5. School district's purchase of land under threat of condemnation; under facts, seller not granted repurchase rights. Knop v. Gardner Edgerton U.S.D. No. 231, 41 Kan. App. 2d 698, 205 P.3d 755 (2009).


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