Kansas Annotations
-
Protection of Burials
-
Acts Prohibited by Law and Subject to Criminal Sanctions
-
What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Certain acts prohibited without authorization from Antiquities Commission. K.S.A. § 74-5403
It is illegal to excavate or remove materials from an antiquities site without first receiving a permit from the State Antiquities Commission. A person who violates this section is guilty of a misdemeanor, which is punishable by a fine of up to $500, a prison sentence of up to 6 months, or both (K.S.A. § 74-5408).
History: Section enacted in 1967; current through 2009 Legislative Session.
Commercial fossil hunting without landowner's authorization; unlawful acts; penalty. K.S.A. § 21-3759
This section first defines "commercial fossil hunter," "fossil," "landowner," and "land of another."
It is illegal for a commercial fossil hunter to go on private land to look for fossils without doing two things beforehand. First, the commercial fossil hunter must tell the landowner that he or she is a commercial fossil hunter who intends to explore the owner's land for fossils, and then to sell any valuable fossils that he or she finds. Second, the commercial fossil hunter must get permission from the landowner in writing, which explicitly says that the commercial fossil hunter told the landowner what he or she intends to do on the owner's land. Any person that violates this part of the section can be found guilty of a class B nonperson misdemeanor, punishable by a fine up to $1,000 and up to six months in prison.
In addition, a commercial fossil hunter cannot take a fossil from private land before giving the owner a description of the fossil and getting written permission from the owner to remove the fossil. Any person that violates this part of the section can be found guilty of a class A nonperson misdemeanor, punishable by a fine up to $2,500 and up to a year in prison.
History: Section enacted in 1990; current through 2009 Legislative Session.
-
What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Prohibited acts; criminal penalties. K.S.A. § 75-2748
It is illegal for a person to sell, trade, or give away human remains or items buried with those remains that the person knew came from an unmarked burial site. This section does not apply to: any person with a permit issued by the Unmarked Burial Sites Prevention Board; anyone affiliated with the State Historical Society or state universities; and remains or objects in a private collection that were acquired before January 1, 1990.
The penalty for a first violation of this crime is a fine up to $10,000 if the value of the remains and other items involved is less than $5,000 or a fine up to $20,000 if the value of the remains and other items involved is more than $5,000. A person is also punishable by a fine up to $100,000 for the second offense and every subsequent offense after that.
Also, if a person knows that someone else is violating this section and they fail to notify local law enforcement, that person is guilty of a misdemeanor that is punishable by a fine between $100 and $500 (K.S.A. § 75-2749).
History: Section enacted in 1989; current through 2009 Legislative Session.
-
What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Criminal desecration. K.S.A. § 21-4111
It is a class A nonperson misdemeanor to either take or try to take unlawful control of a dead body or human remains, whether in or out of a coffin, urn, or other object. The penalty for this crime is a fine up to $2,500 and up to a year in prison.
History: Section enacted in 1969; current through 2009 Legislative Session.
Prohibited acts; criminal penalties. K.S.A. § 75-2748
It is illegal for a person to possess, display, or throw away human remains or items buried with those remains that the person knew came from an unmarked burial site. This section does not apply to: any person with a permit issued by the Unmarked Burial Sites Prevention Board; anyone affiliated with the State Historical Society or state universities; and remains or objects in a private collection that were acquired before January 1, 1990.
The penalty for a first violation of this crime is a fine up to $10,000 if the value of the remains and other items involved is less than $5,000, or a fine up to $20,000 if the value of the remains and other items involved is more than $5,000. A person is also punishable by a fine up to $100,000 for the second offense and every subsequent offense after that.
Also, if a person knows that someone else is violating this section and they fail to notify local law enforcement, that person is guilty of a misdemeanor that is punishable by a fine between $100 and $500 (K.S.A. § 75-2749).
History: Section enacted in 1989; current through 2009 Legislative Session.
-
What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Prohibited acts; criminal and civil penalties. K.S.A. § 75-2748
It is illegal for a person to willfully disturb an unmarked burial site. This section does not apply to: any person with a permit issued by the Unmarked Burial Sites Prevention Board; anyone affiliated with the State Historical Society or state universities; and any medical examiner performing official duties.
The penalty for a first violation of this crime is a fine up to $10,000 if the value of the remains and other items involved is less than $5,000, or a fine up to $20,000 if the value of the remains and other items involved is more than $5,000. A person is also punishable by a fine up to $100,000 for the second offense and every subsequent offense after that.
Also, if a person knows that someone else is violating this section and they fail to notify local law enforcement, that person is guilty of a misdemeanor that is punishable by a fine between $100 and $500 (K.S.A. § 75-2749).
History: Section enacted in 1989; current through 2009 Legislative Session.
-
What is the criminal liability for defacing or destroying historical or archaeological sites?
State park, site or facility; certain acts prohibited. K.S.A. § 76-2027
At any state park or historical site maintained by the State Historical Society, it is illegal for any person to damage, deface, or destroy any building on those premises. This includes furnishings inside the building, and landscaping such as lawns, trees, or bushes outside. It is also illegal to drive or park any motor vehicle outside of roads or parking lots that are designated by official signs, to exceed any posted speed limits, and to engage in sports or other recreational activities in areas not designated by official signs. Anyone who violates this section is guilty of a misdemeanor, which is punishable by either a fine up to $25, jail time up to 30 days, or both.
History: Section enacted in 1959; current through 2009 Legislative Session.
-
What is the criminal liability for unlawfully reproducing historic or archeological artifacts?
We are unable to locate information relevant to this question at this time.
-
What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
Criminal desecration. K.S.A. § 21-4111
It is illegal for any person to damage, deface, or destroy a tomb, monument, memorial, marker, grave, vault, crypt gate, tree, shrub, plant, or any other property in a cemetery. A violation of this section is a severity level 7 nonperson felony if more than $25,000 worth of damage is caused, a severity 9 nonperson felony if between $1,000 and $25,000 worth of damage is caused, and a class A nonperson misdemeanor for damage worth less than $1,000.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
We are unable to locate information relevant to this question at this time.
-
What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
Certain acts prohibited without authorization from antiquities commission. K.S.A. § 74-5403
It is illegal to deface or vandalize an "antiquities site" without first receiving a permit from the State Antiquities Commission. One of the definitions of "antiquities" found in K.S.A. § 74-5401 is historic or prehistoric human markings or inscriptions, which would appear to include petroglyphs. A person found to have violated this section is guilty of a misdemeanor, punishable by a fine of up to $500, a prison sentence of up to 6 months, or both (K.S.A. § 74-5408).
History: Section enacted in 1967; current through 2009 Legislative Session.
-
What is the criminal liability for removing or damaging headstones?
Criminal desecration. K.S.A. § 21-4111
It is illegal for any person to damage, deface, or destroy a headstone. A person who violates this section is guilty of: a severity level 7 nonperson felony if more than $25,000 worth of damage is caused; a severity 9 nonperson felony if between $1,000 and $25,000 worth of damage is caused; and a class A nonperson misdemeanor for damage worth less than $1,000.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
What are the general state criminal laws for abuse of corpse?
Criminal desecration. K.S.A. § 21-4111
It is a class A nonperson misdemeanor to either take or try to take unlawful control of a dead human body or remains, whether in or out of a coffin, urn, or other object. The penalty for this crime is a fine up to $2,500 and up to a year in prison.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
What are the general state criminal laws for theft?
Theft. K.S.A. § 21-3701
A person is guilty of theft if he or she commits one of the following acts while intending to permanently deprive the rightful owner of their property: exercises unlawful control over another's property; obtains another's property through deception or threats; or obtains property known to have been stolen. Theft is a severity level 5 nonperson felony if the property taken is worth more than $100,000, a severity level 7 nonperson felony for property worth between $25,000 and $100,000, a severity level 9 nonperson felony for property worth between $1,000 and $25,000, and a class A nonperson misdemeanor for property worth less than $1,000. However, theft of property valued at less than $1,000 is considered a severity level 9 nonperson felony if the person has been convicted of theft two or more times before.
History: Section enacted in 1969; current through 2009 Legislative Session.
Theft of lost or mislaid property. K.S.A. § 21-3703
A person commits theft of lost or mislaid property when he or she: (1) fails to take reasonable steps to return lost or mislaid property; (2) knows or discovers the rightful owner's identity; and (3) intends to permanently deprive the rightful owner of that property. The crime is a class A nonperson misdemeanor, punishable by a fine up to $2,500 and up to a year in prison.
History: Section enacted in 1969; current through 2009 Legislative Session.
Criminal deprivation of property. K.S.A. § 21-3705
It is a class A nonperson misdemeanor for a person to take another's property without the rightful owner's permission while intending to keep the property temporarily. A first offense of this crime is punishable by a fine up to $2,500 and up to a year in prison. For the second and any subsequent convictions, a person must be sentenced to at least 30 days in prison and at least a $100 fine.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
What are the general state criminal laws for receiving stolen property?
Theft. K.S.A. § 21-3701
A person is guilty of theft if he or she obtains property known to have been stolen by another person, and he or she intends to permanently deprive the rightful owner of that property. Theft is a severity level 5 nonperson felony if the property taken is worth more than $100,000, a severity level 7 nonperson felony for property worth between $25,000 and $100,000, a severity level 9 nonperson felony for property worth between $1,000 and $25,000, and a class A nonperson misdemeanor for property worth less than $1,000.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
What are the general state criminal laws for unlawful trespass?
Criminal trespass. K.S.A. § 21-3721
It is a class B nonperson misdemeanor for a person to enter and remain in a nonnavigable body of water, structure, vehicle, aircraft, or watercraft when the person knows they are not authorized to do so, and the person is either: disobeying a direct request by the property owner to leave; disregarding clearly posted signs, locked fences, or enclosures; or disobeying a court-issued restraining order. The crime is punishable by a fine up to $1,000 and up to six months in prison.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
What are the general state criminal laws for mischief?
We are unable to locate information relevant to this question at this time.
-
What are the general state criminal laws for damage to property?
Criminal damage to property. K.S.A. § 21-3720
It is a crime for a person, using means other than fire or explosive, to intentionally injure, damage, mutilate, deface, destroy, or substantially impair the use of any property owned by another person without that person's consent. It is also a crime for a person to intentionally injure, damage, mutilate, deface, destroy, or substantially impair property with the intent to injure or defraud an insurer or lienholder. Either way, the crime is punishable as a severity level 7 nonperson felony if property is damaged more than $25,000, as a severity level 9 nonperson felony if property is damaged between $1,000 and $25,000, and as a class B nonperson misdemeanor if property is damaged less than $1,000.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
What are the general state criminal laws for hate crimes?
Imposition of presumptive sentence; mitigating and aggravating factors. K.S.A. § 21-4716
This section directs the sentencing judge to impose a sentence within the guidelines in K.S.A. § 21-4704 unless the judge finds substantial and compelling reasons to impose a different sentence. If the judge does depart from the sentencing guidelines, he or she must state on the record the reasons for the decision. Also, if the judge decides to impose a penalty that is more severe than the penalty in the sentencing guidelines, the aggravating reasons for the penalty must be put to a jury and proven beyond a reasonable doubt.
One possible aggravating factor is that the crime was motivated entirely or in part by the race, color, religion, ethnicity, national origin or sexual orientation of the victim. Also, if the crime was motivated by the defendant's belief or perception of the victim's status, then the judge can impose a more severe penalty regardless of whether the defendant's belief or perception was correct.
History: Section enacted in 1992; current through 2009 Legislative Session.
-
-
Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
-
How is the excavation of historical and archeological resources restricted in this state?
See the questions about procedures for excavating remains or archaeological resources from public or private lands.
-
How is the collection or removal of historical and archaeological resources restricted in this state?
See the questions about procedures for collecting or removing remains or archaeological resources from public or private lands.
-
What specific laws restrict the alienation or use of historical burial places?
Acquisition of cemetery in city or township by gift, when. K.S.A. § 12-1419b
Any city or town government is authorized to pass a resolution to accept a cemetery as a gift from a religious group or denomination, provided the transfer follows that group's bylaws.
History: Section enacted in 1949; current through 2009 Legislative Session.
Same; effect. K.S.A. § 12-1419c
After the city or town government passes the resolution to accept the gift and the government gains ownership over the cemetery, it becomes a public cemetery subject to all applicable laws in the Kansas Statutes.
History: Section enacted in 1949; current through 2009 Legislative Session.
-
-
Time Limits for Bringing Criminal Action
-
What time limits govern the initiation of a criminal action related to the protection of burials?
Time limitations for commencement of prosecutions. K.S.A. § 21-3106
Prosecution for a misdemeanor crime must be commenced within 5 years of the crime being committed. Under this section, a prosecution is commenced when the prosecutor files a complaint or information, or an indictment is returned by a grand jury, and the prosecutor then gives the sheriff a warrant to execute against the defendant. The sheriff or his officer must execute the arrest warrant without unreasonable delay. The 5-year time limit is "tolled," meaning it does not run, when the defendant is absent from the state or hiding within the state so the warrant cannot be served.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
-
Time Limits for Bringing Civil Action
-
What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private party?
Actions limited to five years. K.S.A. § 60-511
The following civil actions must be commenced within 5 years: (1) an action upon any written agreement, contract or promise; (2) an action brought on any covenant of seizin contained in any deed for conveying land; (3) an action brought on a covenant of warranty contained in any deed for conveying land, after a court has made a final decision that the seller did not have true title for the deed; (4) an action upon the official bond or undertaking of an executor, administrator, conservator, sheriff, or any other officer; (5) an action for relief, other than the recovery of real property not provided for in this section.
History: Section enacted in 1963; current through 2009 Legislative Session.
Actions limited to three years. K.S.A. § 60-512
The following civil actions must be commenced within 3 years: (1) all actions involving contracts, obligations or liabilities expressed or implied but not in writing; (2) an action upon a liability created by a statute other than a penalty or forfeiture.
History: Section enacted in 1963; current through 2009 Legislative Session.
Actions limited to two years. K.S.A. § 60-513
The following civil actions must be commenced within two years: (1) an action for trespassing upon another's land; (2) an action for taking, detaining or injuring another's personal property, including actions by the rightful owner to recover that property; (3) an action for fraud, although the two year limitation will not begin running until the fraud is discovered; (4) an action for injuring another's rights that does not involve a contract; and (5) an action for wrongful death. For all these types of lawsuits, the two-year limitation begins running when the reason for the suit first causes substantial injury to the victim, or when the victim first notices the injury.
History: Section enacted in 1963; current through 2009 Legislative Session.
Actions limited to one year. K.S.A. § 60-514
The following civil actions must be commenced within one year: (1) an action for libel or slander; (2) an action for assault, battery, malicious prosecution, or false imprisonment; and (3) an action about a penalty or forfeiture imposed by a law.
History: Section enacted in 1963; current through 2009 Legislative Session.
Limitations applicable to public bodies. K.S.A. § 60-521
When state or local governments decide to bring lawsuits arising out of their rights as property owners, the entities are subject to the same time limitations that exist for private individuals, except when the governments are suing to recover land or when suing to recover from a former officer or employee for poor performance.
History: Section enacted in 1963; current through 2009 Legislative Session.
-
-
-
Sanctions
-
Criminal
-
What are the general criminal fines and penalties for misdemeanors and felonies in the state?
Possible prison sentences for misdemeanors. K.S.A. § 21-4502
For misdemeanors, a court may impose the following prison sentences: a sentence of up to 1 year for class A misdemeanors; a sentence of up to 6 months for class B misdemeanors; and a sentence of up to 1 month for class C misdemeanors. Also, any unclassified misdemeanors can bring a similar sentence as a class C misdemeanor.
History: Section enacted in 1969; current through 2009 Legislative Session.
Possible fines for felonies and misdemeanors. K.S.A. § 21-4503a
A court may order any person convicted of a nondrug-related felony to pay a fine, in addition to serving a prison sentence. For "off-grid felonies" which include capital murder, first degree murder, felony murder, and treason, a court can impose a fine of up to $500,000. For felonies ranked in severity levels 1 to 5, a court can impose a fine of up to $300,000. For felonies ranked in severity levels 6 to 10, a court can impose a fine of up to $100,000.
Similarly, a court may order any person convicted of a misdemeanor to pay a fine, in addition to serving a prison sentence. A court can impose a fine of up to $2,500 for a class A misdemeanor, up to $1,000 for a class B misdemeanor, and up to $500 for a class C misdemeanor. For an unclassified misdemeanor, a court can impose a fine in an amount described in the statute that defines the crime; if the statute does not mention an amount, the court can impose a fine up to $500.
As an alternative to any of the fines mentioned in this section, the court can impose a fine for a greater amount up to double the sum of money that the convict gained from committing the crime.
History: Section enacted in 1992; current through 2009 Legislative Session.
Sentencing guidelines; grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition; nongrid crime. K.S.A. § 21-4704
The Kansas legislature enacted a sentencing guidelines grid for judges to use when imposing prison sentences on defendants convicted of nondrug-related felonies. The grid is set up as ten horizontal rows arranged according to ten "severity levels," and a series of vertical columns arranged according to different possible criminal histories. Each box of the grid gives a range of possible prison or probation sentences, and judges are instructed to begin at the center of the range, and to adjust the sentence for more or less time based on any aggravating or mitigating factors in the case. Judges are further instructed to base their decision about what sentence to impose on both the severity of the crime compared to all other possible crimes, and also the offender's criminal history.
There are also areas of the grid where judges are instructed to impose "presumptive imprisonment" sentences, for which the offender should be given a prison sentence unless there are exceptional circumstances, and areas where judges are instructed to impose "presumptive nonprison" sentences, for which the offender should be given a probation sentence unless there are exceptional circumstances. For instance, if the offender used a gun to commit a person felony, the guidelines carry a presumption of imprisonment so that the judge must sentence the offender to jail time, unless the judge believes that a nonprison sentence would be more likely to prevent the offender from re-offending.
If the case falls within three specific grid blocks: 5-H, 5-I, or 6-G, a judge can elect to impose a nonprison sentence instead of a prison sentence if the judge thinks the nonprison sentence would be more likely to prevent the offender from re-offending. The judge could either order the offender to be admitted to a treatment program if there is space available for the offender in that program, or order the offender to serve in a probation program.
History: Section enacted in 1992; current through 2009 Legislative Session.
-
What are the class designations for misdemeanors and felonies in the state?
Crimes defined; classes of crimes. K.S.A. § 21-3105
This section defines the term "crime" as an act or omission (a failure to act) that has been prohibited by state law. Upon a person's conviction of any of these prohibitions, the person receives one of a number of possible sentences, ranging from the death penalty for the most serious crimes, to imprisonment, fine, or both imprisonment and fine. A "felony" is a crime for which the offender receives a sentence of death or imprisonment, and can also be a crime that is classified as a felony under state law. "Traffic infractions" are listed in K.S.A. § 8-2118(c), and are punishable by a fine. "Cigarette infractions" or "tobacco infractions" are listed in K.S.A. § 79-3321(m) and (n), and are punishable by a fine. Any other crime that is prohibited by state law is a misdemeanor.
History: Section enacted in 1969; current through 2009 Legislative Session.
Crime severity scale for nondrug crimes. K.S.A. § 21-4707
State law creates a scale for sentencing nondrug felony crimes that ranges from 1 to 10, with 1 being the most serious felonies and 10 being the least serious.
History: Section enacted in 1992; current through 2009 Legislative Session.
-
-
Civil or Administrative
-
What are the civil sanctions related to burial protection in the state?
Civil enforcement of Kansas Unmarked Burial Sites Preservation Act. K.S.A. § 75-2752
In addition to any criminal penalties a person might face for violating K.S.A. § 75-2748 or K.S.A. § 75-2749, the person might face a civil lawsuit brought by a person who has an ancestral, cultural, or tribal connection to the people buried in the unmarked site, or one who has a research, scientific, or educational interest in preserving the unmarked site. As a result of a civil suit, the person who violated this Act might receive an injunction to stop the violations, or might be ordered to pay money damages or attorney fees to the party that is suing them.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
What are the administrative sanctions related to burial protection in the state?
Prohibited acts; criminal penalties. K.S.A. § 75-2748
It is illegal for a person to sell, trade, or give away human remains or items buried with those remains that the person knew came from an unmarked burial site. If the Unmarked Burial Sites Prevention Board finds that a person violated either this section or the terms of a permit, that person may be subject to a civil fine of up to $2,000 for each separate violation.
History: Section enacted in 1989; current through 2009 Legislative Session.
Private burying grounds; control by county clerk; actions for damages. K.S.A. § 17-1305
If a private burial ground is not clearly possessed by the burial ground's owner while the owner is still alive, or is not passed on by the owner's will, or is not transferred by the owner by a legal deed, then the county clerk assumes complete control over the burial ground. It is then the clerk's responsibility to initiate civil lawsuits, for money damages if necessary, against any other person who damages the burial ground, or the fence, gates, graves, or monuments found on the burial ground.
History: Section enacted in 1870; current through 2009 Legislative Session.
Duties of attorney general under Kansas Unmarked Burial Sites Preservation Act. K.S.A. § 75-2751
The Unmarked Burial Sites Preservation Board can request that the state attorney general provide assistance to investigate, inspect, or bring lawsuits against anyone suspected of violating the Act. The attorney general must report back to the board within 30 days after receiving such a request.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
-
-
Preservation of Burials and Compliance Therewith
-
Laws Related to Preservation of Burials
-
How are future interests in property involving burials subject to the rule against perpetuities?
Disposition of property for burial purposes. K.S.A. § 12-1419a
This section designates any grant of property that a person makes to maintain or improve a cemetery or other burial place as a public charitable donation. A grant of property under this section can be one that a person makes during their lifetime, or after death through a will. Because these grants are designated as public charitable donations, the grants cannot be invalidated by a court on the grounds that they violate the rule against perpetuities . Kansas has also adopted the Uniform Statutory Rule Against Perpetuities, which can be found at K.S.A. § 59-3401, et seq.
History: Section enacted in 1941; current through 2009 Legislative Session.
-
How can the state exercise eminent domain over a cemetery or historic property?
NOTE: sections 12-1401 to 12-1404 address how city and town governments can exercise eminent domain over private land to create a public cemetery. Sections 17-1350 to 17-1354 address how a public utility or a state or federal government agency can exercise eminent domain over a cemetery district. Section 12-1306 describes how a city can exercise eminent domain to create public park land. Finally, section 75-2714 addresses limitations on whether a state or local government can exercise eminent domain over historic property.
Establishment or acquisition of cemetery land in cities or townships. K.S.A. § 12-1401
This section allows any city or township to use eminent domain to acquire land for use as a public cemetery. In addition, a city and township can join together to acquire land for a public cemetery, and two or more townships can join together as well. If a city, township, or group of cities and townships decide to use eminent domain, they will condemn the desired private land and then pay the private landowner the fair market value for that land. However, cities and townships cannot use eminent domain to take land that is already being used by religious bodies as cemetery land for burials.
History: Section enacted in 1923; current through 2009 Legislative Session.
Same; care and control; moneys. K.S.A. § 12-1402
If a city acquires land for a public cemetery through eminent domain, that cemetery is put under the control of that city's governing body. For a township, the public cemetery is put under control of that township's governing body. When two or more townships join together to acquire land by eminent domain for a public cemetery, the cemetery is put under the control of a board that consists of the township trustees and township clerks for all townships involved. Regardless of which body or board is given control of the cemetery, the entity has the sole authority to make and enforce all necessary rules or regulations relating to the maintenance of the cemetery. This includes the authority to set the price to be paid for lots within the cemetery.
History: Section enacted in 1913; current through 2009 Legislative Session.
Same; township tax levy for site; limitation. K.S.A. § 12-1403
This section allows township or city trustees to create a tax on all "tangible property" (both land and personal property) within their jurisdiction in order to create a fund from which the township or city can compensate private landowners whose lands are condemned through eminent domain.
History: Section enacted in 1913; current through 2009 Legislative Session.
Same; townships may join in procuring lands. K.S.A. § 12-1404
If two or more townships have created funds as described in K.S.A. § 12-1403, this section allows them to join and use their funds together in order to acquire land through eminent domain for public cemeteries. When deciding how to use their funds for this purpose, the boards of the townships involved should hold a joint meeting to agree on all details.
History: Section enacted in 1913; current through 2009 Legislative Session.
Dissolution of certain cemetery districts; determination of facts. K.S.A. § 17-1350
Sections § 17-1350 to § 17-1354 deal with the situation when a public utility, or state or federal government agency decides that it is necessary to condemn a cemetery district so the land can be used for public purposes. In that instance, before the district is condemned the district's directors can submit a petition to the local county district court giving the directors' version of the facts about the use of eminent domain and request that the court issue an order about whether those facts are true.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; findings; notice to owners of intention to dissolve district. K.S.A. § 17-1351
A petition submitted by the district directors must be heard immediately by the district court, and if the court finds that the facts necessary to support an eminent domain claim do exist, then the process for condemning the land can go forward. The directors are then required to send notice to all people who own lots or burial places within the district, informing them that the district is about to be dissolved. This notice can be sent by mail using addresses from the cemetery records, or by publication in a local newspaper (K.S.A. § 60-307).
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; hearing; determination; authority to contract, when. K.S.A. § 17-1352
After the district board properly serves notice to any private lot owners, the county district court must hold a hearing to determine whether the cemetery district should be dissolved, whether the property rights of those people owning lots should be dissolved, and whether it would be necessary to disinter all buried bodies for reburial in other cemeteries. If the court finds that it is necessary to do all these things, then the court authorizes the directors of the cemetery district to arrange the sale of cemetery land to the government agency that is exercising eminent domain, and to arrange for the removal and reburial of all people who were buried in the cemetery. The district court must approve all the arrangements that the directors make.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; acquisition of locations in certain existing cemeteries. K.S.A. § 17-1353
This section authorizes the directors of the condemned cemetery district to purchase suitable cemetery lots in other existing cemeteries within a 50 mile radius of the condemned district, to rebury all the bodies that must be disinterred in the condemned district.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; dissolution of district by court, when; deed; report, approval; order; recordation. K.S.A. § 17-1354
The cemetery district must notify the district court when all bodies have been removed and reburied, and all markers or monuments have been relocated. If the court is satisfied with the completed work, then the court can declare the cemetery district dissolved and authorize the directors to execute a deed to transfer the cemetery to the government agency. The directors must report all payments to the court, and the court can then authorize the directors to use the money received from the deed transfer to pay for all administrative costs. A copy of this court order is filed with the county clerk, and upon receipt of this order the cemetery district is considered dissolved for taxation purposes.
History: Section enacted in 1953; current through 2009 Legislative Session.
Eminent domain for public use. K.S.A. § 12-1306
City governments have the authority to acquire land from private landowners for the purpose of creating parks that will be open to members of the public. To do this, the city can either negotiate a purchase price with the landowner, or condemn the land using its power of eminent domain and then compensate the landowner according to the land's fair market value. Under eminent domain, the city must create a document in which it describes what land is specifically needed and how the city will use the land. If an appropriate price cannot initially be reached with the private landowner under either method, purchase or eminent domain, the city can contract to have a properly qualified and licensed engineer conduct a survey of the land at issue. This survey is then filed with the city clerk, and the city can use the results of the survey when determining how much is necessary to compensate the private landowner.
History: Section enacted in 1923; current through 2009 Legislative Session.
Limitation on use of eminent domain for preservation of historic character of certain property. K.S.A. § 75-2714
Agencies and governments on state and local levels are prohibited from exercising eminent domain over property controlled by the State Historical Society without the society's prior written approval.
History: Section enacted in 1971; current through 2009 Legislative Session.
-
How are conservation and preservation easements created in this state?
Uniform Conservation Easement Act; definitions. K.S.A. § 58-3810
This section defines "conservation easement," "holder," and "third party right of enforcement ."
History: Section enacted in 1992; current through 2009 Legislative Session.
Same; creation; duration; impairment; conveyance or assignment. K.S.A. § 58-3811
A conservation easement can only be created over a piece of land by the person who holds the deed to that land. The landowner also must explicitly state his or her intention to create a conservation easement over their land. In addition, for the most part a conservation easement works in much the same way as any other form of easement; specifically, how an easement is created, conveyed, recorded, assigned, released, modified, terminated, or altered in any other way. The holder of an easement and the person with a third-party right of enforcement do not have the right to sue to enforce a conservation easement until the easement is officially recorded. In general, conservation easements are understood to last only as long as the original creator of the conservation easement is alive, and that the original creator can terminate a conservation easement at any time. Any real property interests, such as other easements or covenants, which already exist on the land before a conservation easement is created are not controlled by the conservation easement unless those other interests were held by the person creating the conservation easement. Once a conservation easement is created, the entity holding the easement cannot transfer it to anyone else other than a Kansas city or county, a charitable corporation like those described in K.S.A. § 58-3810, or the person who originally created the easement.
History: Section enacted in 1992; current through 2009 Legislative Session.
Same; judicial actions. K.S.A. § 58-3812
The following people or entities can bring a lawsuit to enforce a conservation easement: the owner of land on which the conservation easement was placed; the holder of the conservation easement; a person with a third-party right of enforcement; or any other person authorized to bring suit by another law. However, despite the limitations in this section courts are still free to modify or terminate conservation easements as they need to.
History: Section enacted in 1992; current through 2009 Legislative Session.
Same; validity of conservation easement. K.S.A. § 58-3813
This statute requires that a conservation easement be upheld as valid even though: it is not appurtenant to an interest in real property; it can be or has been given to another holder; it is not of a character that has been recognized traditionally at common law; it imposes a negative burden ; it requires the owner of the burdened property or the holder of the easement to affirmatively do something; the benefit does not touch or concern real property ; or there is neither privity of estate nor privity of contract .
History: Section enacted in 1992; current through 2009 Legislative Session.
Same; application of act. K.S.A. § 58-3814
The Act applies to any interest that is created, whether or not it is explicitly called a conservation easement; this includes covenants, equitable servitudes, and easements . In addition, the Act also applies back to interests created before the Act was enacted, as long as a retroactive application like that does not violate the United States Constitution. Finally, the Act does not invalidate any conservation easement, covenant, equitable servitude, restriction, or easement that otherwise is valid under other Kansas state laws.
History: Section enacted in 1992; current through 2009 Legislative Session.
Same; uniformity of application and construction. K.S.A. § 58-3815
The Uniform Conservation Easement Act is meant to be applied in the same way in each state that chooses to enact it.
History: Section enacted in 1992; current through 2009 Legislative Session.
Same; certain utility and water district easements not impaired. K.S.A. § 58-3816
The Act is not meant to prevent cities or public utility companies from being able to acquire rights-of-way, easements, or other forms of property rights that are needed for utility facilities, plants, systems, or other improvements. Regardless of an existing conservation easement on a piece of land, cities and public utilities are allowed to acquire that land; either from the landowner voluntarily, or by eminent domain, to maintain existing infrastructure or to make additions to that infrastructure. In addition, conservation easements cannot impair state or local governments from carrying out sections of the Watershed District Act, found at K.S.A. §§ 24-1201 et seq.
History: Section enacted in 1992; current through 2009 Legislative Session.
-
How does the state create authorized rights-of-way through cemetery property?
Ingress and egress. K.S.A. § 12-1434
Whenever a city or cemetery corporation regains title over cemetery lots previously purchased by private individuals, the entity must leave enough space around the lots to allow people to get to and from them. A city or cemetery corporation can satisfy this section by constructing streets or alleyways within the cemetery to the lots, or by just leaving enough unused space to allow access to the lots.
History: Section enacted in 1935; current through 2009 Legislative Session.
-
How are the transfer of cemetery lots and the disposition of cemetery land regulated?
NOTE: Section 12-1406 describes how a city can purchase a cemetery from an association. Sections 12-1428 to 12-1436 describe how a city can regain title to individual plots from private owners after purchasing a cemetery from a cemetery association. Section 12-1440 describes how cities can regain title to lots from private owners when the city controls the cemetery from the outset. Sections 17-1308 to 17-1310, 17-1328, and 17-1329 all describe a cemetery corporation's powers to dispose of cemetery land. Sections 17-1330 and 17-1335a to 17-1335h describe how a cemetery association can regain title to lots within a cemetery district. Finally, section 17-1330b describes how a cemetery district can add territory to a cemetery.
Cities and townships may purchase land of cemetery association; notice of purchase; protest. K.S.A. § 12-1406
A city's governing body can agree to purchase from a cemetery association all of the association's unsold land, but not for more than $1. But before any purchase agreement can be finalized, the city needs to publish a notice about the pending agreement in the city newspaper for two weeks. Upon becoming aware of the notice, lot owners in the cemetery can defeat the purchase agreement by getting over 30% of all lot owners to sign a petition opposing the transfer, and then submitting the petition to the city clerk within 30 days from the day that the notice was first published. Barring the submission of any such petition, the purchase agreement is finalized. After the agreement is finalized, the city becomes solely responsible for maintaining the roadways and parking lots in and around the cemetery.
History: Section enacted in 1913; current through 2009 Legislative Session.
Revestment of title by a city or township; procedure. K.S.A. § 12-1428
Once a city or township has acquired a cemetery from a cemetery association, the people that previously purchased burial rights for lots from the cemetery association must continue to fulfill obligations required of them under the cemetery association regulations. In the event that a lot owner violates those regulations for a period of ten years, the city can go through a procedure to "revest" or take back title from the owner. Once the city successfully completes the revesting procedure it can get back title over the lot, except for any portions that the owner has already used for burials, plus enough space for two additional burials.
If the cemetery lot owner that is violating the cemetery regulations is a resident of the county in which the cemetery is located, then the city or township can serve the lot owner with notice in the same way that one would in a civil action (K.S.A. § 60-303). The notice must include the amount that the lot owner owes as a result of his or her failure to satisfy the cemetery regulations, and also the amount of time that the owner has to pay that amount of money to the city clerk or township clerk. The amount of time given to the lot owner has to be at least 30 days from the date that the lot owner receives the notice. Finally, the notice must inform the lot owner that failure to pay the required amount of money before the deadline will allow the city or township to revest the portions of the owner's lots not currently being used for burials.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; notice to nonresidents. K.S.A. § 12-1429
If a city or town wants to try to revest a cemetery lot from a private owner, then it is the responsibility of the sheriff from the county in which the cemetery is located to determine where the lot owner lives. If the lot owner lives in the same county as the cemetery, then the city or township follows the notice procedures in K.S.A. § 12-1428. But if the lot owner lives outside the county where the cemetery is located, then the city or township has to provide notice of the revestment through a different procedure. The city or township has to publish the revestment notice in the official county newspaper, and also send a copy of the notice by registered mail to the lot owner's last known address. The notice must specify that the time limit required for payment is at least 30 days after the notice was originally published in the county newspaper.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; record of proceedings. K.S.A. § 12-1430
It is the city's or township's responsibility to retain records of all resolutions about revesting cemetery lots, as well as records of all notices and proofs of service or publication.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; actions to determine title. K.S.A. § 12-1431
As described in K.S.A. § 12-1428 and K.S.A. §12-1429, cities and townships desiring to revest title to cemetery lots must give the lot owner at least 30 days to pay whatever amount is owed as a result of the owner's failure to abide by cemetery association regulations. Once those 30 days are up, if the lot owner has not paid the required amount then he or she is in default and their rights to the cemetery lots are considered abandoned. The city can then bring suit in district court to completely terminate the lot owner's rights and to regain title to the lot. Furthermore, if there are multiple lot owners in default at any given time, the city can combine all those defaulted owners into one action to make the proceedings more efficient. The revestment actions are required to proceed like ordinary actions to determine title to real estate (K.S.A. § 60-1002).
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; abandonment by grantee or holder. K.S.A. § 12-1432
In all revestment cases, the fact that a cemetery lot owner has not followed the cemetery association regulations for a period of 15 years or more is prima facie evidence that the lot owner has abandoned his or her lots.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; judgment may be recorded. K.S.A. § 12-1433
A certified copy of the judgments in quiet-title actions may be filed in the office of the register of deeds in the county where the cemetery lot at issue is located.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; perpetual care contracts exempt. K.S.A. § 12-1435
Section 12-1428 does not apply to any cemetery lots for which a perpetual care contract was made between the cemetery association and the lot owner. Under customary perpetual care contracts, the lot owner agrees to pay a one-time lump sum to the cemetery association in exchange for ongoing maintenance of the owner's lot, in addition to protection from abandonment claims like revestment claims.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; title reinvested in city or township; reconveyance to lot holder, when. K.S.A. § 12-1436
Once a city or township follows the necessary revestment procedures and prevails in its suit against the defaulting lot owner, the effect of the court order is to give the city or township ownership over the cemetery lot at issue as if the private owner never held title to it. That means that the city would then enjoy title over the cemetery lot subject only to applicable state laws and cemetery association regulations.
However, after successfully revesting title, the city cannot sell or transfer the cemetery lot for one year after the revestment claim was first initiated. During this period, the previous lot owner who had been in default can regain title to the lot, provided he or she fulfills several requirements. First, the previous owner has to pay to the city clerk or township clerk an amount comprised of the original amount owed for violating cemetery regulations, as well as the cost the city or township incurred in providing notice of the revestment claim, and any additional sums spent on maintaining the lot in the time since the claim was brought. Second, the previous owner has to agree to a perpetual care contract to provide for maintaining the lot on an ongoing basis.
History: Section enacted in 1935; current through 2009 Legislative Session.
Revestment of title to lots; procedure K.S.A. § 12-1440
This section establishes the procedure that a city or township that owns a cemetery can use to regain or "revest" title to cemetery land from a lot owner . First, the land that the city wants to revest cannot already have a person buried on it, and the present owner of the land needs to have owned the land for at least fifty years.
The next step in the process involves how the city notifies the lot owner of its revestment claim, and how this notice is given depends on whether the cemetery lot owner lives in the county where the cemetery is located, or outside that county. If the lot owner lives in the same county as the cemetery, then the city must provide notice by following the same procedure one would use to serve a summons in a civil case (K.S.A. § 60-303). Once this notice has been given to the lot owner, the lot owner has 30 days to respond. If the lot owner wants to keep title to the contested cemetery land, then the lot owner needs to send a written letter to the county clerk with (1) a description of how the lot owner acquired ownership of the cemetery land and (2) a statement that the lot owner wants to retain title to the land. If the city's governing board decides that the lot owner satisfactorily met these two requirements, then the city's revestment claim is terminated.
If the county sheriff finds out that the lot owner lives outside the county, the city or township needs to publish the notice of the revestment claim in the official city or county newspaper once a week for two weeks. This notice must contain: a general description of the revestment claim, including the lot numbers involved; the lot owners' names; the deadline for the lot owner to respond to the claim; and how to respond. To respond to the revestment claim, the lot owner must send a written letter to the county clerk with the same information required above. If the city's governing board decides that the lot owner satisfactorily met these two requirements, then the city's revestment claim is terminated.
The city or township must retain records of all notices, with proofs of service, whether by mail or publication, and all resolutions that the city or township makes about revestment claims.
The next step in the procedure is the same if the notice was given by mail or by publication in a newspaper. If the period of time given in the notice for the lot owner to respond has passed, and the lot owner did not send a written statement to the county clerk, then the city can assume that the lot owner is abandoning his or her title rights to the cemetery lot. The city can then file a suit in the county district court and can include in that suit any or all lot owners who are in a state of default on their cemetery lots at that time. This suit should be brought in the same way as other suits to determine title to real estate (K.S.A. § 60-1002). In this suit, the court can consider as prima facie evidence of abandonment both the fact that the lot owner held title to a cemetery lot for fifty years without using it for a burial, and the fact that the lot owner failed to respond to notice about the revestment action.
As a result of the suit, the district court can formally terminate a defaulting lot owners' title, and return complete title to the city or township. A copy of the court judgment giving title back to the city or township is then filed with the county office of the register of deeds in the county where the cemetery is located. Like the notice that is given at the beginning of a revestment claim, the judgment returning title to the city must accurately describe what part of the contested cemetery lot is not being used for burials, and include enough land to allow future owners to get in and out from the lot. This can be done by constructing roads or alleys, or leaving enough land aside to build those structures in the future.
There is an exception to this section that any lots that are under a perpetual care contract between the lot owner and the city, the township, or the cemetery, are exempt from revestment by this method.
History: Section enacted in 1971; current through 2009 Legislative Session.
City cemeteries; plat of lots and deposits in permanent maintenance fund prerequisite to conveyance of lots. K.S.A. § 17-1308
Before a cemetery corporation can sell or convey land in the cemetery for burials, the corporation must arrange to have the land surveyed and divided into individual lots, and this survey must be filed with the county office of the register of deeds. In addition, for lands acquired after July 1, 1969, the cemetery corporation must create a permanent maintenance fund containing $10,000 plus $500 for each acre of land in the cemetery in excess of 20 acres, but the fund does not need to have more than $35,000. For lands acquired before that date, if the lands are being set aside for burials for the first time, the cemetery corporation needs to comply with the maintenance fund requirements set out above. If the lands were acquired before July 1, 1969, and they were previously set aside for burials, then the only requirement for a permanent maintenance fund is that it cannot dip below $10,000.
History: Section enacted in 1901; current through 2009 Legislative Session.
City cemeteries; conveyance of lots. K.S.A. § 17-1309
Once a cemetery corporation satisfies the requirements in § 17-1308, the corporation has the power to convey, by deed or otherwise, the burial lots that are laid out in the survey. The only restriction on these lots is that they must be used for burials, as described in the cemetery corporation's regulations and bylaws.
History: Section enacted in 1901; current through 2009 Legislative Session.
Same; control of lands; replatting. K.S.A. § 17-1310
The cemetery corporation has complete control over all lands within the cemetery, including all land held by the corporation or sold by the corporation to private individuals for burials. The corporation's control continues until either all burial lots have been sold, or the corporation is dissolved (see K.S.A. § 17-1313). In addition, the corporation has the power to replat any areas used for burials in order to incorporate land that was set aside for roads that were never constructed.
History: Section enacted in 1901; current through 2009 Legislative Session.
Sale of lands of abandoned cemeteries. K.S.A. § 17-1328
A cemetery corporation or association that is ceasing operations and abandoning a cemetery can sell off lands in the cemetery that were previously set aside for burials if the cemetery contains fewer than twenty graves. However, in the process of selling off the land where no one is buried, the corporation must ensure that enough land is leftover to properly care for the existing graves.
History: Section enacted in 1927; current through 2009 Legislative Session.
Same; use of proceeds. K.S.A. § 17-1329
It is the duty of the trustees or treasurer of the cemetery corporation or association, or the township trustee, to dedicate the proceeds from sales of unused land to the permanent maintenance and care of the remaining graves in the abandoned cemetery.
History: Section enacted in 1927; current through 2009 Legislative Session.
Cemetery districts; reinvestment of title to lots, when; proceedings. K.S.A. § 17-1330
This section provides a process that a cemetery district can use to regain title over a cemetery lot that was previously sold to a private owner. If the district successfully completes this process then it can regain title to the portion of the cemetery lot that was not yet used for burials, with the exception of enough space for two additional graves next to any graves already on the lot.
There are four requirements that must be met before a cemetery district can start the reinvestment procedure. First, the deed or conveyance from the district to the private lot owner must state that the lot is subject to all regulations from the district's board of directors. Second, the lot owner has either neglected or refused to follow the district's regulations for a period of 10 consecutive years. Third, the private owner gained title to the cemetery lot at least 25 years before the district starts the reinvestment process. Fourth, no burials were made on the cemetery lot for at least 10 years before the district tries to reinvest the lot.
Once the cemetery district starts the reinvestment process, it must give notice to the private lot owner. If the owner lives in the same county as the cemetery, then the district must give notice in the same way as one would serve a summons in a civil action. The notice must: (1) give the amount of money that the lot owner needs to pay to care for the lot; (2) specify the amount of time that the lot owner has to pay that amount to the district's secretary-treasurer, which must be at least 30 days after the notice is sent; and (3) inform the lot owner that failure to pay the amount will result in the cemetery district revesting title to the owner's lot.
History: Section enacted in 1925; current through 2009 Legislative Session.
Same; notice to nonresidents; publication. K.S.A. § 17-1335a
This section expands on the reinvestment procedure described in K.S.A. § 17-1330 to explain how to notify a lot owner who lives outside of the county where the cemetery is located. In that situation, the association's board of directors must publish a notice of the reinvestment action in a newspaper that is circulated in the county where the cemetery is located. The notice must be published each day for a period of three weeks. In addition, the notice must be sent by registered mail to the lot owner's last known address. The notice must specify a deadline for the lot owner to pay all that he or she owes, and the deadline must fall at least 30 days after the last day that the notice is published.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; record of proceedings. K.S.A. § 17-1335b
The board must save in its records all notices of reinvestment, along with proof of service or publication, and all resolutions that the board of directors adopts.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; default by owners; action to determine title. K.S.A. § 17-1335c
As described in K.S.A. § 17-1330, a cemetery association that wants to revest title to cemetery lots must give the lot owner at least 30 days to pay whatever amount is owed as a result of the owner's failure to abide by the association's regulations. Once those 30 days are up, if the lot owner has not paid the required amount, then he or she is in default and their rights to the cemetery lots are considered abandoned. The association's board of directors can then bring suit in district court to have the lot owner's rights completely terminated and to revest title to the association. Furthermore, if there are multiple lot owners in default at any given time, the board can combine all those defaulted owners into one action to make the proceedings more efficient. The revestment actions are required to proceed in the same way as ordinary actions to determine title to real estate would.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; abandonment by grantee or holder. K.S.A. § 17-1335d
In all revestment cases, the fact that a cemetery lot owner has not followed the cemetery association regulations for 15 years or more shall be prima facie evidence that the lot owner has abandoned his or her lots.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; judgment may be recorded. K.S.A. § 17-1335e
A certified copy of the judgments in quiet-title actions may be filed in the office of the register of deeds in the county where the cemetery lot at issue is located.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; description; ingress and egress. K.S.A. § 17-1335f
In a revestment action for a cemetery lot, a cemetery association can only regain title over the portion of that lot that has not already been used for burials. In addition, when determining how much space in the lot is left to revest, the board of directors must be sure to leave enough space to allow ingress and egress from the graves that were already made. In other words, the board of directors must allow enough space for streets or alleys to be built to the existing graves on the lot.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; perpetual care contracts exempt. K.S.A. § 17-1335g
This act does not apply to any cemetery lots for which a perpetual care contract was made between the cemetery association and the lot owner. Under customary perpetual care contracts, the lot owner agrees to pay a one-time lump sum to the cemetery association in exchange for ongoing maintenance of the owner's lot, in addition to protection from abandonment claims like revestment claims.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; title reinvested; reconveyance, when. K.S.A. § 17-1335h
Once a cemetery association's board of directors follows the necessary revestment procedures and prevails in its suit against the defaulting lot owner, the court's order gives the association ownership over the cemetery lot at issue as if the private owner never held title to it. That means that the association would then enjoy title over the cemetery lot subject only to applicable state laws and cemetery association regulations.
However, after successfully revesting title the association cannot sell or transfer the cemetery lot for one year after the revestment claim was first initiated. During this period, the previous lot owner who had been in default can regain title to the lot, provided he or she fulfills several requirements. First, the previous owner has to pay to the board's secretary-treasurer an amount comprised of the original amount owed for violating cemetery regulations, plus the cost the association incurred in providing notice of the revestment claim, and any additional sums spent to maintain the lot in the time since the claim was brought. Second, the previous owner has to agree to a perpetual care contract with the cemetery association to provide for maintaining the lot on an ongoing basis.
History: Section enacted in 1953; current through 2009 Legislative Session.
Cemetery districts; inclusion of adjoining territory; resolution, hearing, publication. K.S.A. § 17-1330b
The Board of County Commissioners in a county with a cemetery district (as established under K.S.A. § 17-1330) can pass a resolution to enlarge the cemetery district by including adjacent territory where there is an abandoned cemetery. But before the board can pass a resolution, it must hold a hearing. Notice of this hearing must be published in a county newspaper for a period of two consecutive weeks. This notice must include the time and place for the hearing being held, and the last date of publication must come at least five days before the date of the hearing.
History: Section enacted in 1981; current through 2009 Legislative Session.
-
How will the state regulate or sell unsuitable or condemned cemetery property?
Cemetery land for park purposes. K.S.A. § 12-1310
If a city owns cemetery land that is unsuitable for burial purposes, the city's governing body has the authority to turn that land into a public park. That means the land will be designated as park land, and no longer as cemetery land.
History: Section enacted in 1933; current through 2009 Legislative Session.
Same; application. K.S.A. § 12-1311
This act only applies to cities owning cemetery land unsuitable for burial purposes as of 1933, the date when this section was enacted.
History: Section enacted in 1933; current through 2009 Legislative Session.
Reversion of unused grave spaces conveyed to patriotic organizations. K.S.A. § 17-1347
This section allows cities or cemetery corporations to reclaim titles to lands that were conveyed to patriotic organizations for burying war dead that have since become defunct. The city or cemetery corporation can then re-convey those lands to existing patriotic organizations for the purpose of burying war dead.
History: Section enacted in 1949; current through 2009 Legislative Session.
Dissolution of certain cemetery districts; determination of facts. K.S.A. § 17-1350
Sections § 17-1350 to § 17-1354 deal with the situation when a public utility or state or federal government agency decides that it is necessary to condemn a cemetery district with eminent domain so the land can be used for public purposes. In that instance, before the district is condemned the district's directors can submit a petition to the local county district court giving the directors' version of the facts about the use of eminent domain and request that the court issue an order about whether those facts are true.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; findings; notice to owners of intention to dissolve district. K.S.A. § 17-1351
A petition submitted by the district directors must be heard immediately by the district court, and if the court finds that the facts necessary to support an eminent domain claim do exist, then the process for condemning the land can go forward. The directors are then required to send notice to all people who own lots or burial places within the district, informing them that the district is about to be dissolved. This notice can be sent by mail using addresses from the cemetery records, or by publication in a local newspaper (K.S.A. § 60-307).
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; hearing; determination; authority to contract, when. K.S.A. § 17-1352
After notice has been properly served to any private lot owners, the county district court must hold a hearing to determine whether the cemetery district should be dissolved, whether the property rights of those people owning lots should be dissolved, and whether it would be necessary to disinter all buried bodies for reburial in other cemeteries. If the court finds that it is necessary to do all these things, then the court authorizes the directors of the cemetery district to arrange the sale of cemetery land to the government agency that is exercising eminent domain, and to arrange for the removal and reburial of all people who were buried in the cemetery. The district court must approve all arrangements that the cemetery district makes.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; acquisition of locations in certain existing cemeteries. K.S.A. § 17-1353
The directors of the condemned cemetery district can purchase suitable cemetery lots in other existing cemeteries located within 50 miles of the condemned district, for the reburial of all bodies in the condemned district.
History: Section enacted in 1953; current through 2009 Legislative Session.
Same; dissolution of district by court, when; deed; report, approval; order; recordation. K.S.A. § 17-1354
The cemetery district must notify the district court when all bodies have been removed and reburied, and all markers or monuments have been relocated. If the court is satisfied with the completed work, then the court can declare the cemetery district dissolved and authorize the directors to execute a deed to transfer the cemetery to the governmental agency. The directors must report all payments to the court, and the court can then authorize the directors to use the money received from the deed transfer to pay for all administrative costs. A copy of this court order is filed with the county clerk, and upon receipt of this order the cemetery district is considered dissolved for taxation purposes.
History: Section enacted in 1953; current through 2009 Legislative Session.
-
What is the procedure for abandoning burial grounds or cemetery lots?
Revestment; abandonment by grantee or holder. K.S.A. § 12-1432
The fact that the private owner of a cemetery lot has failed to obey the cemetery's regulations for a period of fifteen consecutive years or more is prima facie evidence that the owner has abandoned the lot(s) at issue. The city or township can bring that evidence before a district court in order to regain title to the contested cemetery lots (see K.S.A. §§ 12-1428 to 12-1431 for revestment procedure)
History: Section enacted in 1935; current through 2009 Legislative Session.
Effective abandonment of cemetery lot. K.S.A. § 12-1440
An owner of a cemetery lot who has owned the lot for more than fifty years without using it for burials can also effectively abandon the lot through the revestment process (described here). To abandon a cemetery lot in this way, the lot owner simply needs to not respond when a city serves them with notice about an impending revestment claim. Once the deadline for a response passes, the city can file suit in district court to formally regain title to the lot at issue.
History: Section enacted in 1971; current through 2009 Legislative Session.
Maintenance of abandoned cemeteries; definitions. K.S.A. § 17-1366
This section gives definitions for "abandoned cemetery " and "municipality " which apply in sections K.S.A. 17-1367 and K.S.A. 17-1368.
History: Section enacted in 1979; current through 2009 Legislative Session.
Same; dissolution of certain cemetery corporations; liens declared void on and after January 1, 2003; transfer of property and moneys. K.S.A. § 17-1367
When the attorney general discovers the existence of an abandoned cemetery, meeting the definition in K.S.A. § 17-1366, he or she will immediately file suit to dissolve the cemetery corporation that owns the abandoned cemetery. Once the cemetery corporation is dissolved, the city or municipality where the cemetery is located will gain title to all of the cemetery property that was owned by the corporation. In addition, any liens that exist against the cemetery property get immediately quashed and declared void.
Furthermore, the permanent maintenance fund, any other outstanding investments, and all books and records kept by the cemetery corporation get transferred to the city or municipality. The city or municipality can then deposit any money that it gets from the cemetery corporation into an account of its choosing, and can invest the money by following the requirements in K.S.A. § 17-1311. The city or municipality must use the income and principal from the permanent maintenance fund, plus any additional money that it received from the cemetery corporation, to provide for the abandoned cemetery's maintenance and upkeep. The city or municipality can only use this money for that purpose. If the money is not enough to continue to maintain the cemetery, then the city or municipality must pay for maintenance from its own funds.
History: Section enacted in 1979; current through 2009 Legislative Session.
Same; contracts. K.S.A. § 17-1368
Any city or municipality that is required to maintain an abandoned cemetery after its corporation is dissolved can make a contract with any individual, firm, corporation, or association to either maintain the cemetery, to sell unsold burial lots, or to open and close graves. However, even if the city or municipality signs such a contract, it is ultimately responsible to ensure that the cemetery keeps being maintained.
History: Section enacted in 1979; current through 2009 Legislative Session.
-
What is the procedure for removing or replacing headstones?
We are unable to locate information relevant to this question at this time.
-
How will the state preserve historical or archaeological resources threatened by public construction or public works?
Preservation of historic character of certain property. K.S.A. § 75-2714
This section authorizes the State Historical Society to enter into agreements with state government agencies, federal government agencies, or private individuals planning to construct a road, street, highway, or building so close to a historic property under the society's control that the construction would compromise the property's historic character.
History: Section enacted in 1971; current through 2009 Legislative Session.
Government projects; existence of threat to historic property, procedure for determining; determination of whether to proceed, factors; judicial review; penalty, failure to follow procedures; delegation to cities, counties or state board of regents or institutions. K.S.A. § 75-2724
This section prohibits the state government or state agencies from beginning a construction project that might encroach upon, damage, or destroy any historic property before giving notice to the state historic preservation officer ("SHPO," as defined by K.S.A. § 75-2717). This means that the society must be notified if the proposed project is to be built within 500 feet of a historic property located within an incorporated city, or within 1,000 feet of a historic property located within the unincorporated territory of a county. However, the SHPO can decide to investigate and comment on proposed projects even without receiving notice from a state government or agency.
After receiving the notice, the SHPO is allowed to conduct his or her own investigation into the proposed project and to draft comments about the potential impact on the affected historic property. If the SHPO fails to start an investigation within 30 days after receiving notice of a proposed construction, the project can go forward as if he or she approved of the construction. As part of the investigation process, the SHPO can solicit recommendations from the Historic Sites Board of Review as to any aspect of the proposed project, and can also hold a public hearing. If the SHPO wants to hold a public hearing, it must be held within 60 days from the date that he or she received notice about the proposed project.
The SHPO then submits his or her findings to the governor, or a relevant governing body depending on what agency is sponsoring the proposed project. If the state historic preservation officer determined that a proposed project will encroach upon, damage, or destroy a historic property, the governor or governing body has the responsibility to examine the SHPO's findings and to decide whether the proposed project should go forward. To allow such a project to go forward, the governor or governing body must consider all factors and conclude that: (1) there is no feasible alternative to the proposed construction; and (2) the plan makes as much effort as possible to minimize harm to the historic property that could result from construction. Then, the governor or governing body must notify the SHPO of its conclusion by certified mail, and the SHPO needs to be given a five day grace period before construction can begin.
Any private individual who is harmed by a governor's or other governing body's decision to go forward with construction around a historic property can seek judicial review of that decision. However, the procedure for judicial review is different depending on whether the decision was made by the governor or some other governing body. If the decision was made by the governor, a challenger can pursue judicial review according to the act for civil enforcement of agency actions (K.S.A. §§ 77-601 et seq.). If the decision was made by a governing body of a political subdivision, one can pursue judicial review according to K.S.A. § 60-2101.
In addition, the SHPO can choose to delegate any of his or her duties described above to a city or county if the officer is confident that the city or county: has enacted a comprehensive local historic preservation ordinance; has established a local historic preservation board or commission; and is actively engaged in a local historic preservation program. The SHPO delegates his or her power through a written agreement with the city or county which includes: the specific authority that the SHPO is delegating; the manner in which the city or county needs to report back to the SHPO; the conditions under which the city or county can request the SHPO's assistance for reviewing certain projects; the length of time that the agreement is supposed to last; and the provisions for terminating the agreement. An agreement must also state that the SHPO retains final authority for any investigations or decisions that a city or county might make. Moreover, the SHPO cannot enter into an agreement that limits his or her ability to investigate or comment on projects. Furthermore, the SHPO can enter into similar agreements to delegate duties to the state Board of Regents or any state educational institution under the board's control.
Any person or entity that fails to apply for and obtain a necessary building or demolition permit, and goes on to begin a project that encroaches on, damages, or destroys a historic property, is subject to a civil penalty of up to $25,000 for each violation. The state attorney general is responsible for seeking these penalties by filing suit in district court.
History: Section enacted in 1977; current through 2009 Legislative Session.
Unmarked burials preservation board; powers and duties. K.S.A. § 75-2745
One of the duties of the Unmarked Burial Sites Preservation Board, which is created by the Kansas Unmarked Burial Sites Preservation Act (K.S.A. §§ 75-2741 et seq.), is to consult with all involved parties on projects that threaten to disturb unmarked burial sites in order to determine a proper course of action.
History: Section enacted in 1989; current through 2009 Legislative Session.
Unmarked Burials Preservation Board; powers and duties. K.S.A. § 75-2745
One of the duties of the Unmarked Burial Sites Preservation Board, which is created by the Kansas Unmarked Burial Sites Preservation Act (K.S.A. §§ 75-2741 et seq.), is to issue permits for excavation, study, display and reinterment or disposition of human skeletal remains and objects from unmarked burial sites.
History: Section enacted in 1989; current through 2009 Legislative Session.
Permits. K.S.A. § 75-2747
As mentioned in K.S.A. § 75-2745, the Unmarked Burial Sites Preservation Board has the authority to establish a system of permits for excavating, studying, displaying, and reinterring human skeletal remains or other objects from unmarked burial sites found on public or private land. Specifically, a permit to excavate an unmarked burial site can only be issued for scientific, educational, or medical purposes. If the human skeletal remains to be excavated are reasonably identified with direct kin or descent groups like Native American tribes, the board must consult with them before issuing the excavation permit.
The permit must also give a specific date for when the remains or funerary items must be reinterred. In addition, the person or organization receiving the permit must agree to incur all costs associated with the excavation, and reinterment. Finally, the board has the right to deny, suspend, or revoke a permit upon finding that an applicant has violated any of the board's procedures, and the board can charge an application fee of up to $50.
History: Section enacted in 1989; current through 2009 Legislative Session.
Certain acts prohibited without authorization from antiquities commission. K.S.A. § 74-5403
This section prohibits a person, institution, or corporation from excavating or removing material from an antiquities site that is located on lands owned by the state, state agency, county, or municipality, or on lands where a qualified state agency is conducting scientific archaeological research. In order to be allowed to excavate or remove material from such a site, a person, institution, or corporation needs to get a permit from the State Antiquities Commission.
History: Section enacted in 1967; current through 2009 Legislative Session.
Permits from antiquities commission. K.S.A. § 74-5404
This section authorizes the secretary of the antiquities commission to give out permits for excavating or removing material from an antiquities site . These permits can only be granted to educational or research institutions, public museums, or nonprofit corporations organized for scientific or research purposes. The secretary should only grant permits to these sorts of institutions if the institutions can demonstrate that they have the professional staff and laboratory, storage, or museum facilities to display any findings to the public and to permanently preserve any objects, photographs, or records from the excavations. To get a permit, the institution must submit a formal written request that details: the purposes of the proposed excavation; the location where it is to be conducted; the sponsoring state agency; and the professional personnel to be in charge.
History: Section enacted in 1967; current through 2009 Legislative Session.
-
What are the procedures for excavating or removing remains or archaeological resources on private lands?
The relevant sections of the Kansas State Code do not have different procedures for public and private lands. The procedures can be found here.
-
What are the procedures for discoveries of human remains and artifacts of cultural significance?
Reports of discoveries to State Antiquities Commission; preservation. K.S.A. § 74-5407
If an archaeological site or antiquities are discovered during a survey, excavation or construction project, it is the responsibility of the person in charge of the project to notify either the secretary of the antiquities commission (who is also the state archaeologist on the State Historical Society) or some other commission member (listed in K.S.A. § 74-5402). After discovery, it is also the duty of the person in charge of the project to take all reasonable precautions to preserve the discovery until it can be investigated by the antiquities commission or someone working on its behalf.
History: Section enacted in 1967; current through 2009 Legislative Session.
Registry of unmarked burial sites. K.S.A. §75-2746
Once an unmarked burial site is discovered, it is the responsibility of the Unmarked Burial Sites Preservation Board to enter the site in an official registry. As part of the registration process, the board must attempt to identify the cultural or personal identity of the person or persons that are buried at the discovered site, and must send that information to all individuals who own property with a registered unmarked burial site. In most circumstances, this registry must be kept confidential and not to be open to inspection by members of the public.
History: Section enacted in 1989; current through 2009 Legislative Session.
Notice of violations or discovery of remains; penalties. K.S.A. § 75-2749
Any person who discovers human skeletal remains must immediately notify the law enforcement agency of the jurisdiction where the remains were found. Upon receiving notice, the law enforcement agency must then immediately notify the district coroner or deputy district coroner. If the coroner determines that the human skeletal remains are not of evidentiary or forensic interest, then the coroner in turn must notify the State Historical Society. If a person discovers human skeletal remains and fails to notify law enforcement, then that person is guilty of a misdemeanor punishable by a fine of between $100 and $500.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
What are the procedures for the disposition of human remains and funerary artifacts?
Permits from Unmarked Burial Sites Preservation Board. K.S.A. § 75-2747
Any permit given out by the board to a person or institution to excavate or study human skeletal remains or funerary objects at an unmarked burial site must give a specific date for the reinterment or disposition of those human remains and objects. If the permit is for studying human skeletal remains, the permit is supposed to initially last one year, but may be extended by periods of 6 months for as long as the board thinks is necessary. If the human remains to be excavated or studied are reasonably identifiable to a direct kin or descent group like a Native American tribe, then the board must consult with that group before issuing the permit.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
What are the procedures for the removal and re-interment of human remains from cemeteries?
Dissolution of certain cemetery districts; acquisition of locations in certain existing cemeteries. K.S.A. § 17-1353
After a public utility or state or federal governmental entity successfully exercises eminent domain over a cemetery district, as described here, the directors of the cemetery district are responsible for finding suitable locations to rebury the bodies already interred in the cemetery district. For this purpose, the directors are authorized to purchase cemetery lots or other burial locations within existing cemeteries located within a fifty mile radius from the condemned cemetery.
History: Section enacted in 1953; current through 2009 Legislative Session.
Cemetery for reburial of remains. K.S.A. § 75-2753
Under the Kansas Unmarked Burial Sites Preservation Act, the secretary of the State Historical Society is authorized to establish, with the board's approval, a cemetery on existing state lands for the reinterment of human skeletal remains and funerary objects which were exhumed from unmarked burial sites. This cemetery is not to be kept open to the public.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
Preservation of historic character of certain property. K.S.A. § 75-2714
This section authorizes the State Historical Society to enter into agreements with state government agencies, federal government agencies, or private individuals about the construction of roads or highways which, due to proximity to land under the society's control, would compromise the land's historic character or integrity.
History: Section enacted in 1971; current through 2009 Legislative Session.
-
How does the state identify, preserve, and control Native American sacred sites?
We are unable to locate information relevant to this question at this time.
-
How does the state preserve historical lands from surface mining?
Surface-mining land conservation and reclamation act; registration of mining site, when; application, contents; fees; signing of site; unlawful acts. K.S.A. § 49-607
The Surface-Mining Land Conservation and Reclamation Act requires that all surface mining sites be registered with the director of the state conservation commission. To register a surface mining site, the site operator must submit an application at least 30 days before commencing mining or removal of overburden. An application is good for a period of one year.
The following information must be included in the application. First, the application must describe the tract or tracts of land where the mining site is located. A satisfactory description would include an estimate of the acreage at the site, the section, township, range and county in which the site is located, and enough additional details for the director to be certain of the location and to be able to distinguish the site from surrounding land. Second, the application must include a statement explaining the authority of the applicant's legal right to operate a mine on the site. Third, the application must include proof of compliance with all applicable zoning codes, rules, or regulations, along with any local, state, or federal permits, which would likely include relevant permits from the Unmarked Burial Sites Preservation Board and the State Antiquities Commission.
If the site operator is registering the site for the first time, he or she must include a reclamation plan describing the postmining land use, how the final reclamation will be achieved, and illustrating what the topography of the site will ultimately look like. If the application is for a renewal and the operator has made changes to the reclamation plan, then an updated version of the plan must be included with the application. If the application is for renewal and no changes are being made to the reclamation plan, then the site operator must submit a statement to that effect. Finally, the application must be submitted along with a necessary fee. Any person who falsifies information in the application is guilty of a class A nonperson misdemeanor, punishable by a fine up to $2,500 and up to a year in prison.
History: Section enacted in 1994; current through 2009 Legislative Session.
-
What are the procedures for the exploration of submerged graves and underwater sites?
NOTE: Kansas has not enacted a specific statute to regulate the exploration of submerged graves and underwater sites. However, the State Historical Society has authority over such sites because of their historical value (K.S.A. § 75-2701), and the State Antiquities Commission is responsible for issuing permits to explore them.
Certain acts prohibited without authorization from antiquities commission. K.S.A. § 74-5403
This section prohibits a person, institution, or corporation from exploring without a permit an underwater site that is located on submerged lands owned by the state, state agency, county, or municipality.
History: Section enacted in 1967; current through 2009 Legislative Session.
Permits from antiquities commission. K.S.A. § 74-5404
This section authorizes the secretary of the antiquities commission to give out permits for exploring underwater sites. These permits can only be granted to educational or research institutions, public museums, or nonprofit corporations organized for scientific or research purposes. The secretary should only grant permits to these sorts of institutions if the institutions can demonstrate that they have the professional staff and laboratory, storage, or museum facilities to display any findings to the public and to permanently preserve any objects, photographs, or records from any excavations. To get a permit, the institution must submit a formal written request that details: the purposes of the proposed exploration; the location where it is to be conducted; the sponsoring state agency; and the professional personnel to be in charge.
History: Section enacted in 1967; current through 2009 Legislative Session.
-
What are the procedures for transferring land and property containing historic or cultural resources?
We are unable to locate information relevant to this question at this time.
-
What public health regulations exist for the removal and burial of human remains?
Plans for mausoleums or vaults; approval by secretary of health and environment. K.S.A. § 17-1324
Before anyone can build a mausoleum, vault, or other burial structure meant to be constructed above ground and to permanently contain one or more dead bodies, they must get approval from the secretary of health and environment. To get approval, the builder must send the secretary a copy of all construction plans and specifications. If the secretary is convinced beyond any doubt that the proposed structure will be absolutely permanent and sanitary, then the secretary demonstrates approval by giving the builder a written certificate bearing the secretary's signature. Upon receiving this approval, the construction project can go forward.
History: Section enacted in 1917; current through 2009 Legislative Session.
Crypts and catacombs; construction. K.S.A. § 17-1325
Once a mausoleum, vault, or burial structure is built, all crypts or catacombs must be placed inside in such a way that they are able to be readily and easily examined by the secretary of health and environment. In addition, the crypt or catacombs needs to be hermetically sealed after a dead body has been placed inside so that offensive or unhealthy odors cannot escape.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; sealing burial structure; reinterment. K.S.A. § 17-1326
Any person or corporation responsible for interring a body in a crypt, catacombs, mausoleum, or vault must make sure that the body is hermetically sealed within that structure. If the structure is not hermetically sealed, and offensive odors are emitted from it, then a local health officer or area resident who discovers the odor must bring it to the attention of the county secretary of health and environment or a similar official. The secretary must then contact the sexton or other person in charge of maintaining the structure, and must require that person to either completely fix the bad seal or to remove the body from the structure and inter it correctly in some other way. The cost for this service should be given to the person or corporation who owns the structure where the body was interred. If the sexton or other person at the cemetery cannot locate whoever owns the burial structure, then the cost of reinternment is borne by the city or township where the cemetery is located.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; penalties. K.S.A. § 17-1327
Any firm, person or corporation who fails or refuses to comply with §§ 17-1324 to 17-1326 may be fined up to $500 or imprisoned in the county jail for up to 6 months.
History: Section enacted in 1917; current through 2009 Legislative Session.
-
How is environmental impact measured for historic and archeological resources?
We are unable to locate information relevant to this question at this time.
-
-
Activities Affecting Burials which Require State or Local Government Compliance
-
What activities affecting burials require state or local government compliance?
Rules and regulations; submission to secretary of health and environment; penalty for violations. K.S.A. § 65-1712
This section authorizes the state board of mortuary arts to make rules and regulations. Any rules or regulations about the duties of the board or the board secretary cannot be inconsistent with Kansas state law or federal law. Any rules or regulations about the practice of embalming and transporting dead human bodies must first be submitted to the secretary of health and environment for approval. Once a rule or regulation is adopted it must be obeyed by all companies dealing with transporting dead bodies and all licensed embalmers. If a company or individual violates a rule or regulation, they are guilty of a misdemeanor, and each offense is punishable by a fine of between $50 and $200.
History: Section enacted in 1909; current through 2009 Legislative Session.
-
-
Rules, Regulations, and Ordinances Governing Burial-Related Activities
-
What state regulations relate to non-governmental burial-related activities?
We are unable to locate information relevant to this question at this time.
-
What local regulations relate to non-governmental burial-related activities?
We are unable to locate information relevant to this question at this time.
-
-
-
Decision-Making
-
Authorities Empowered to Make Decisions Affecting Burials
-
How is a cemetery association formed in this state?
Sections 17-1303, 17-1307, and 17-1312a address requirements for forming a cemetery corporation. Sections 17-1330, 17-1331, 17-1333, 17-1333a and 17-1337 address requirements for forming a cemetery association for a cemetery district. Sections 17-1342 to 17-1344 describe how a city can join with one or more townships to create a cemetery district. Sections 17-1345 to 17-1346 describe how a township can disorganize its cemetery and include it in a proposed cemetery district. Finally, section 17-1373 describes how a board of county commissioners can create a cemetery district that includes a cemetery operated by a nonprofit corporation. Click on these links for more information about cemetery corporations and cemetery districts.
Owners of lots as members of corporation. K.S.A. § 17-1303
The private owners of all lots that are purchased from a cemetery corporation become members of that corporation. By becoming members, the owners get the right to vote in elections for corporate officers, and any other matters like stockholders in any other corporation would.
History: Section enacted in 1868; current through 2009 Legislative Session.
Cemeteries in or near cities; capital stock; directors; powers. K.S.A. § 17-1307
Every cemetery corporation that is created to establish or maintain a cemetery located in or near a city must have capital stock and a board of directors. The board of directors is elected by the stockholders and has the same duties and powers as the board of directors for a for-profit corporation. Section K.S.A. § 17-1316 specifically addresses the establishment of cemetery corporations for cemeteries located in or near cities with populations above 40,000.
History: Section enacted in 1968; current through 2009 Legislative Session.
Registration of cemetery corporation with secretary of state. K.S.A. § 17-1312a
Every cemetery corporation that is either formed under Kansas state law or is formed outside of Kansas and then given a certificate of authority to own and operate a cemetery in Kansas must register with the Kansas secretary of state before starting to operate a cemetery in the state. If the secretary of state finds out that a cemetery corporation has failed to register, then he or she will notify the local county attorney or district attorney to commence a prosecution against the corporation. The corporation can then be liable for a civil penalty of up to $1,000.
History: Section enacted in 1968; current through 2009 Legislative Session.
Cemetery districts; petition; establishment. K.S.A. § 17-1330
A group that wants to establish a cemetery district must first get a petition signed by at least 51% of all the qualified electors within the proposed district. Next, the petition must be submitted to the Board of County Commissioners for the county where the greatest amount of the proposed district's territory is to be located. The petition should be submitted at one of the board's regular meetings. If the board agrees with the petition, then it will pass an order that establishes the cemetery district.
History: Section enacted in 1925; current through 2009 Legislative Session.
Cemetery association; organization. K.S.A. § 17-1331
After an order is passed that establishes a cemetery district (K.S.A. § 17-1330), the trustee of the township that contains the greatest amount of district territory has 30 days to call a meeting of qualified electors in the district. The trustee is responsible for sending out notice of the upcoming meeting, which must be published in a local newspaper for a period of two consecutive weeks, with the last day of publication coming at least 6 days before the meeting is to be held. The notice must state the time and place for the meeting, as well as the purpose for the meeting.
The purpose of this meeting is to (1) organize the cemetery district into an association, and (2) elect five directors for the association, who will have the duty to ensure that the cemeteries within the district are maintained and cared for. The directors who are elected at this meeting will serve until the next regular meeting of the cemetery association. To qualify to be a director, a person must reside either in the county or counties where the cemetery district is located or within 25 miles of the cemetery district boundaries. If a director moves his or her residence so that he or she no longer fulfills either of those requirements, then the director's position is considered vacated. The remaining directors will vote to elect a replacement, who will serve as a director until the next cemetery association meeting.
History: Section enacted in 1925; current through 2009 Legislative Session.
Same; first annual meetings; powers of electors. K.S.A. § 17-1333
At the first association meeting, the electors must consider any offers by other cemetery associations or corporations who want to convey their cemeteries (as described in K.S.A. § 17-1332), and vote to decide which of those cemeteries will become the official cemetery of the district association, which will then become the association's permanent property.
History: Section enacted in 1925; current through 2009 Legislative Session.
Same; election of directors; vacancies. K.S.A. § 17-1333a
At the first meeting of a newly formed cemetery district, the cemetery association's five directors will be elected to staggered terms as follows: two for four-year terms, one for a three-year term, one for a two-year term, and one for a one-year term. After that, once a director's term expires, his or her replacement will be elected to a four-year term.
As mentioned in K.S.A. § 17-1331, to qualify to be a director, a person must reside either (1) in the county or counties where the cemetery district is located or (2) within 25 miles of the cemetery district boundaries. If a director moves his or her residence so that he or she does not fulfill either of those requirements, then the director's position is considered vacated. The remaining directors will vote to elect a replacement, who will serve as a director until the next cemetery association meeting.
History: Section enacted in 1973; current through 2009 Legislative Session.
Same; directors; election; terms; vacancies. K.S.A. § 17-1337
This section applies to cemetery districts that are located in counties described in K.S.A. § 17-1336. At the first meeting of a newly formed cemetery district, the cemetery association's five directors will be elected to staggered terms as follows: two for four-year terms, one for a three-year term, one for a two-year term, and one for a one-year term. After that, once a director's term expires, his or her replacement will be elected to a four-year term.
To qualify to be a director, a person must reside either (1) in the county or counties where the cemetery district is located or (2) within 25 miles of the cemetery district boundaries. If a director moves his or her residence so that he or she does not fulfill either of those requirements, then the director's position is considered vacated. The remaining directors will vote to elect a replacement, who will serve as a director until the next cemetery association meeting.
History: Section enacted in 1938; current through 2009 Legislative Session.
Cemetery districts; establishment by city of second or third class and townships. K.S.A. § 17-1342
A city of the second or third class can join with one or more townships to maintain or improve any cemetery that is located in either the city or the townships.
History: Section enacted in 1941; current through 2009 Legislative Session.
Same; petition to county commissioners. K.S.A. § 17-1343
This section describes the procedures that need to be followed for a city to join with one or more townships to create a cemetery district for a cemetery. First, the exact dimensions of the proposed district must be determined by a survey that is taken and verified by a qualified elector from the territory. Next, a petition to create the district must be circulated among the qualified electors in the district. If the petition is signed by at least 60% of the electors, then it gets presented at a regular meeting of the Board of County Commissioners for the county where the city and township are located. The petition gets presented along with a copy of a resolution from the city's governing body stating that the city agrees to convey the cemetery to the cemetery district. If the board members are satisfied with the documents, then they will agree to enter an order creating the desired cemetery district.
History: Section enacted in 1941; current through 2009 Legislative Session.
Same; board of trustees; officers; bond; expenditures; tax levies; election upon petition. K.S.A. § 17-1344
Once a cemetery district is established in the way described in K.S.A. § 17-1343, a board of trustees for the district must be created. If the district was formed between a city and multiple townships, then the board of trustees will consist of the city mayor and the township trustee for each of the townships. If the district was formed between one city and one township, then the board will consist of the city mayor, the township trustee, and the city treasurer. After a board of trustees is created under either of those methods, the trustees will name a chairman from among themselves, and a secretary who is either one of them or an outside person. The board then sets the chairman's and the secretary's terms of office.
The board of trustees must also select a treasurer. If the city treasurer is sitting on the board as a trustee and is also named the board treasurer, then the bond that the treasurer gave to the city will also cover any funds that he or she handles for the cemetery district. If the board treasurer is not the city treasurer, then the board must give that person a corporate surety bond to ensure the safekeeping of any funds that the person handles for the board. After a treasurer is named, then the board can pay its expenses once the treasurer receives written authorization from the board chairman and secretary.
History: Section enacted in 1941; current through 2009 Legislative Session.
Disorganization of township cemetery and formation of district; petition; transfer of property. K.S.A. § 17-1345
This section describes the procedures that need to be followed when the territory of a proposed cemetery district includes a cemetery owned by a township and the township wants to disorganize its cemetery. First, the exact dimensions of the township cemetery must be determined by a survey that is taken and verified by a qualified elector who lives in the proposed cemetery district. Next, a petition to disorganize the cemetery must be circulated among the qualified electors in the district. If the petition is signed by at least 51% of the electors, then it gets presented at a regular meeting of the Board of County Commissioners for the county containing the largest portion of the proposed district's territory. The petition gets presented along with a copy of a resolution from the township's board stating that the township agrees to disorganize its cemetery. If the county board members are satisfied with the documents, and finds that the cemetery has no outstanding debts, then they will agree to enter an order disorganizing the township's cemetery and creating the proposed cemetery district.
Once the Board of County Commissioners issues its order, the township board must transfer its entire right, title, and interest in the township cemetery to the newly created cemetery district. This transfer must be made by a deed which is signed by the township's trustee. Once the new cemetery district names a treasurer, the township's treasurer will transfer to that person all money that had been collected by the town for its cemetery.
History: Section enacted in 1943; current through 2009 Legislative Session.
Same; application of laws. K.S.A. § 17-1346
Once a cemetery district is created by following K.S.A. § 17-1345, that district is bound by all the requirements in sections 17-1330, 17-1330a, 17-1331, 17-1333, 17-1334, 17-1335, 17-1337, 17-1338 and 17-1339.
History: Section enacted in 1943; current through 2009 Legislative Session.
Cemetery district; creation by resolution of county commissioners, notice, hearing; election, when; conveyance of certain property, when. K.S.A. § 17-1373
This section allows a Board of County Commissioners to create a cemetery district, which may include an existing cemetery owned by a nonprofit corporation. To do this, the board must adopt a resolution that specifically describes the boundaries for the proposed district. But before the board can pass its resolution, it must hold a public hearing. The board must give notice for the hearing by publishing it in a local newspaper at least once a week for two consecutive weeks. The notice must be published at least 15 days before the date when the hearing will occur.
After the hearing, the board is allowed to adopt its resolution. Then the resolution itself must be published in a local newspaper at least once a week for two consecutive weeks. After the two weeks are up, the county citizens have 30 days to circulate a petition requesting that the resolution be put to a county vote. If a petition is signed by more than 10% of the qualified electors in the proposed district, and submitted to the county election officer, then an election on the resolution must be held. The election must be held following the requirements in K.S.A. § 10-120. If a majority of the voters approve the resolution, then it goes into effect. Moreover, if no petition is ever filed with the election officer within the 30 day period, then the resolution also goes into effect.
If a cemetery district is created that contains a cemetery owned by a not-for-profit cemetery association, then all of the cemetery's property must be transferred to the new district. This means that the cemetery must convey to the district title to all of its property, all of its money and funds, and all of the books, records, and papers for those funds. After the transfer, the district treasurer is responsible for managing the cemetery's money and funds, and ensuring that the cemetery stays maintained. The cemetery's money and funds can be deposited in the district's accounts, but they can only be used to maintain that one cemetery. If there is not enough money in the cemetery's funds to provide for the cemetery's maintenance, then money from the cemetery district's own funds must be used.
History: Section enacted in 1998; current through 2009 Legislative Session.
-
Who has the right to conduct archaeological field excavations?
Permits to excavate archaeological sites. K.S.A. § 74-5404
To excavate and to remove materials from an archaeological site, one must get a permit from the State Antiquities Commission. The commission cannot issue permits to excavate unmarked burial sites; to excavate that kind of site, one must get a permit from the Unmarked Burial Sites Preservation Board (K.S.A. § 75-2747). Permits from the antiquities commission can only be given to an institution, like a university or museum, which is going to conduct an excavation for scientific or educational purposes. To get a permit, an institution must submit a written request to the antiquities commission that describes the purpose of the excavation, the location where it will be conducted, the sponsoring state government agency, and the professional person who will be in charge. In addition, the institution must give the commission evidence that the institution has the staff, storage, laboratory, and museum display facilities to allow the institution to permanently save the results of their research and make the information available to the public.
History: Section enacted in 1967; current through 2009 Legislative Session.
Agencies authorized ipso facto to conduct scientific investigations. K.S.A. § 74-5405
Certain entities have the right to conduct archaeological field excavations without applying for a permit under § 74-5404. Those entities include: (1) state government agencies that have members on the antiquities commission; and (2) other official state agencies that have an archeological research staff, suitable laboratory and storage facilities, and the capacity to publish scientific reports.
History: Section enacted in 1967; current through 2009 Legislative Session.
Penalties for violations of act. K.S.A. § 74-5408
Any person or institution that excavates at an archaeological site without a permit is guilty of a misdemeanor, punishable by a fine of up to $500, imprisonment up to six months, or both. Any material that a convicted offender removed from an archeological site will then be delivered to the Kansas State Historical Society.
History: Section enacted in 1967; current through 2009 Legislative Session.
Historical society; historic preservation powers and duties. K.S.A. § 75-2721
The State Historical Society has the duty to develop an ongoing program of historical, architectural and archeological research, which would include continuing surveys, excavation, scientific recording, interpretation and publication of the state's historical, architectural, archeological and cultural resources.
History: Section enacted in 1977; current through 2009 Legislative Session.
-
Who has custody rights of discovered human remains?
Notice of violations or discovery of remains; penalties. K.S.A. § 75-2749
If a person discovers human remains they must notify the police. The police then notify the district coroner, and if the coroner decides that the remains are not of forensic interest, then the coroner notifies the State Historical Society. If a person fails to notify police, he or she is guilty of a misdemeanor that is punishable by a fine of between $100 and $500.
Upon receiving notification from the coroner, the State Historical Society assumes jurisdiction over the human remains, along with any goods or objects discovered alongside the remains. The historical society can proceed to study and disinter the remains, but the society must work as quickly as possible to minimize any delay caused to a construction project or farming operation that is affected by the discovery. The historical society also needs to notify any direct kin or Native American tribe who can be traced to the discovered remains.
Once the remains are disinterred, the historical society can study them for a period of one year that can be extended in six month increments if needed. Once the society is done studying the remains, the society must work with the Unmarked Burial Sites Preservation Board to arrange for the remains to be reinterred along with any associated good or objects.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
Who has the ownership rights of archaeological specimens or objects of cultural significance?
Artifacts and materials recovered to be submitted to historical society, when. K.S.A. § 74-5406
After an institution or state agency excavates artifacts or other materials from an archaeological site, they can keep those materials for study. Once the materials are no longer necessary, they should be given to the State Historical Society. The society can then choose to preserve the artifacts, or dispose of them in some other way.
History: Section enacted in 1967; current through 2009 Legislative Session.
-
What rights do nonresidents of the state maintain?
We are unable to locate information relevant to this question at this time.
-
What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
Action to enforce act or protect historic property. K.S.A. § 75-2725
The following governments and government agencies can sue in district court to enforce the Kansas Historic Preservation Act: the state of Kansas; any county, municipality, or other political subdivision that is able to sue or be sued; the Kansas State Historical Society; any city or county historical society that for at least two years has been organized, has had elected officers, and has received funds from a city or county (K.S.A. § 12-1660 or K.S.A. § 19-2649). These entities can also sue to protect historic property from unauthorized demolition, alteration, or transfer.
History: Section enacted in 1989; current through 2009 Legislative Session.
Criminal and civil penalties for violating Unmarked Burial Sites Preservation Act. K.S.A. § 75-2748
Any person who violates the Act can face criminal charges and a fine of up to $10,000 if the value of the remains and goods and any repair costs are less than $5,000, or a fine up to $20,000 if the value of the remains and goods and any repair costs are more than $5,000. If a person violates the Act two or more times, they can face a fine of up to $100,000.
In addition to any criminal charges, the Unmarked Burial Sites Preservation Board can decide to impose additional civil fines of up to $2,000 for each violation of the Act. To do this, the board must give an offender notice that it is seeking civil fines, and also a hearing that follows the requirements of the Kansas Administrative Procedure Act (K.S.A. §§ 77-501 et seq.).
History: Section enacted in 1989; current through 2009 Legislative Session.
Inspection warrant by Unmarked Burial Sites Preservation Board. K.S.A. § 75-2750
The chairperson of the Unmarked Burial Sites Preservation Board, or a person designated by the chairperson, may apply to a judge of a county district court for an inspection warrant to inspect premises to determine compliance with the Unmarked Burial Sites Preservation Act or with the terms of a permit issued under the Act. The application must be a sworn written statement, signed by the applicant, that includes: a description of the premises to be inspected; the reasons for the inspection; and a statement that the property owner already refused entry to the applicant to inspect the premises.
The judge shall issue the warrant only if the judge is convinced from the application that there is probable cause to believe: that the inspection is required to enforce this Act; that the inspection is within the lawful limits of the applicant's power to inspect; and that the applicant is authorized to conduct the inspection. The warrant will direct the applicant to inspect the premises described in the application. In addition, the applicant can request to be accompanied by a local law enforcement officer during the inspection.
History: Section enacted in 1989; current through 2009 Legislative Session.
Duties of attorney general under Unmarked Burial Sites Preservation Act. K.S.A. § 75-2751
The Unmarked Burial Sites Preservation Board can request the state attorney general's assistance in any investigation, inspection, hearing or trial related to this Act. In addition, the attorney general will enforce the Act by instituting and prosecuting all violations. The attorney general must report to or confer with the board regarding any such request within 30 days after receipt of the request.
History: Section enacted in 1989; current through 2009 Legislative Session.
Civil enforcement of Act. K.S.A. § 75-2752
Any person with a kinship, cultural, tribal, research, scientific, or educational interest in preserving an affected burial site can sue to protect that site. Those individuals can also sue to protect any human remains or burial goods on the site. Any person who sues under this section can be entitled to injunctive relief, damages, or attorney fees.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
Who has dominion and control of state historic or archaeological resources?
Artifacts and materials recovered to be submitted to historical society, when. K.S.A. § 74-5406
After an institution or state agency excavates artifacts or other materials from an archaeological site, they can keep those materials for study. Once the materials are no longer necessary, they should be given to the State Historical Society. The society can then choose to preserve the artifacts itself, or make other arrangements.
History: Section enacted in 1967; current through 2009 Legislative Session.
State historical society; acquisition and disposition of property. K.S.A. § 75-2701
This section names the State Historical Society as the holder of the state's present and future historical property holdings. As the holder, the historical society is prohibited from selling, mortgaging, or transferring any of that property without proper authorization. If the historical society gets authorization, it can sell, exchange or donate any properties that are duplicates, are outside the scope of the collection, are hazardous, or do not have enough educational or exhibit value. If the property is being disposed of because of lack of educational or exhibit value, local museums must be notified to see if one of them would like to acquire the property. Furthermore, if the society wants to dispose of a property that was donated by an individual, the society must follow procedures that are reasonably likely to notify the donator or his or her family beforehand. If the donation was made less than 20 years earlier, then the donator must be given an opportunity to take the property back before the society can dispose of it some other way.
The historical society executive committee is responsible for making decisions about what real or personal property to acquire, either by sale, gift, or other method. The executive committee will only acquire properties that are in the historical society's best interests. Upon acquiring a property the historical society will hold it in the public interest, and adopt whatever regulations are necessary to preserve the property. If necessary, the historical society can charge an admission fee to raise revenue for the historic properties fee fund.
History: Section enacted in 1879; current through 2009 Legislative Session.
-
Who sits on the state historical commissions, and how are these members appointed?
NOTE: the State of Kansas has three significant historical commissions: the State Historical Society, which oversees the state's historical sites; the Unmarked Burial Site Preservation Board, which oversees unmarked burial sites within the state, and human remains and cultural objects from those sites; and the State Antiquities Commission, which oversees archaeological sites and objects of antiquity from those sites. Information about how each of these entities is composed can be found below. For additional information about these entities, click on the appropriate link above.
State historical society; executive director; Kansas State Historical Society, inc., board of directors, executive committee, distinction between entities. K.S.A. § 75-2701
This section creates two entities. The first is the Kansas State Historical Society, which is a state government agency located within the executive branch. The second is the Kansas State Historical Society, Inc., which is a not-for-profit corporation organized under Kansas incorporation laws. This corporation is led by a board of directors, along with an executive committee that is composed out of those directors. The corporation itself decides exactly how many directors sit on the executive committee.
The State Historical Society is headed by an executive director, who is appointed by the governor and confirmed by the state senate (following K.S.A. § 75-4315b). The governor makes his or her choice for executive director from a list of three possible candidates, all of whom are picked by the executive committee of the Kansas State Historical Society, Inc. To be nominated, a candidate for the executive director position must have: (1) education or training in the field of history, historic preservation, education, museum administration, or some related field; and (2) demonstrated executive or administrative ability to serve as executive director. If the governor is not satisfied with any of those three choices, he or she can request that the corporation provide three more. Once chosen the executive director will be in the "unclassified service" under the Kansas Civil Service Act (K.S.A. §§ 75-2925 et seq.), and will receive an annual salary that the governor will set.
The executive director gets evaluated by the Kansas State Historical Society, Inc. every year, and the corporation submits its report to the governor. The governor can remove the executive director at any time. If the executive director position becomes vacant, the corporation must be notified so that it can provide the governor with a list of three possible replacements.
History: Section enacted in 1879; current through 2009 Legislative Session.
Unmarked Burial Sites Preservation Board; administration, composition, terms, compensation, expenses, offices. K.S.A. § 75-2744
This section establishes the Unmarked Burial Sites Preservation Board under the State Historical Society. The historical society's secretary is responsible for administering all of the board's budgeting, purchasing, and management functions. Moreover, the secretary approves all of the board's vouchers for expenditures.
The board consists of the following members, who serve 3 year terms: (1) the state archeologist; (2) a physical anthropologist, appointed by the governor, who is employed by an institution of higher education located within Kansas, holds a doctorate degree representing specialized training in skeletal biology or forensic osteology and has demonstrated ability to design and execute a human skeletal analysis and to present the written results and interpretations of the analysis in a thorough, scientific and timely manner; (3) a historian, appointed by the governor, who is employed by the State Historical Society or an institution of higher education located in Kansas, holds an advanced degree in American history and has specialized in Kansas history; (4) four tribal representatives, one from each of the four resident Kansas Indian tribes (Pottawatomie, Kickapoo, Iowa and Sac and Fox), who are selected by each tribe's governing body; and (5) two members, appointed by the governor, who represent the general public but do not have the same background or qualifications as one of the other members.
The state archaeologist serves as the board's chairperson. In addition, the secretary of the State Historical Society also serves as secretary for the board, and must provide any office space or staff that the board needs. Finally, board members get paid compensation and mileage by following the guidelines in § 75-3223.
History: Section enacted in 1989; current through 2009 Legislative Session.
Kansas State Antiquities Commission; composition; secretary; compensation and expenses. K.S.A. § 74-5402
This section establishes the Kansas Antiquities Commission, which is composed of the following people: the secretary of the State Historical Society; the heads of the anthropology departments at the University of Kansas, Kansas State University and Wichita State University; and the state archeologist on the State Historical Society. The historical society secretary serves as the commission's chairperson, and the state archeologist serves as the commission's secretary. Furthermore, commission members who attend commission meetings or subcommittee meetings are entitled to an allowance and compensation for mileage, as provided by K.S.A. § 75-3223.
History: Section enacted in 1967; current through 2009 Legislative Session.
-
Who sits on the state historic preservation board and for how long?
State Historic Sites Board of Review; establishment; qualifications of members; terms; compensation; previous board abolished. K.S.A. § 75-2719a
This section creates the state Historic Sites Board of Review, which replaces the board that was created under K.S.A. § 75-2719 in 1977. The new board is composed of the following members: (1) the governor or the governor's designee; (2) the state historic preservation officer, who is also the secretary of the State Historical Society (K.S.A. § 75-2717), or that officer's designee; and (3) nine members appointed by the governor, at least one of whom shall be professionally qualified in the field of architecture, one professionally qualified in the field of history, one professionally qualified in the field of prehistoric archeology, one professionally qualified in the field of historic archeology and one professionally qualified in the field of architectural history. A majority of the members of the board must be professionally qualified in at least one of those fields.
Each member of the board that is appointed by the governor serves a three year term, with the term expiring on June 30 of the third year. Once a board member's term expires, the governor will appoint a qualified replacement. On outgoing member will serve until a replacement is appointed. The governor also names replacements for vacancies that occur for any reason other than a term expiring.
History: Section enacted in 1981; current through 2009 Legislative Session.
-
-
Scope of Authority
-
What powers and responsibilities are delegated to cemetery associations in this state?
NOTE: in the State of Kansas, cemeteries can be held one of two ways; either by a cemetery corporation, which controls only one cemetery, or by a cemetery association, which can control multiple cemeteries within a cemetery district. The powers and responsibilities of cemetery corporations and cemetery associations are listed separately below.
Power to convey cemetery lots
K.S.A. § 17-1302. A cemetery corporation is authorized to convey, whether by deed or other method, any cemetery lots that are to be used for burial purposes. But before the corporation can start selling burial lots, the lots must be surveyed and platted, with a record being sent to the county office of the register of deeds.
A private individual who buys a cemetery plot can only use it for burial purposes. In addition, if a private individual agrees to buy a cemetery plot, and then fails to pay the purchase price for one year, then the cemetery corporation has the option to cancel the agreement and sell the plot to someone else. However, if within that first year the buyer buried a dead body on the plot, then the corporation cannot resell it. The corporation can only resell the plot in that circumstance if the buyer agrees to voluntarily exhume the dead body and bury it elsewhere.
History: Section enacted in 1868; current through 2009 Legislative Session.
Power to replat areas of cemeteries that were established by religious corporations
K.S.A. § 17-1302a. This section refers to cemeteries that were established by religious organizations and platted before 1940. If the cemetery plat plan was recorded with the county office of the register of deeds, and the cemetery wants to change the size of some unsold lots to widen a driveway or other access route, then the cemetery's board of governors can make the necessary changes and then record the new plat with the register of deeds.
History: Section enacted in 1969; current through 2009 Legislative Session.
Powers of cemetery corporations in or near cities
Sections 17-1307 to 17-1315 apply to cemeteries located: within two miles of a city of the third class (a population less than 2,000; K.S.A. § 15-101); within four miles of a city of the second class (K.S.A. § 14-101) with a population less than 12,000; and within eight miles of a city of the second class with a population over 12,000, or a city of the first class (a population of more than 15,000; K.S.A. § 13-101).
Power to acquire land and plat it into burial lots
K.S.A. § 17-1307. Once a cemetery corporation is created, its board of directors has the power to acquire lands for cemetery purposes that are in or near a city, but do not exceed 200 acres. The board of directors is then authorized to enclose that land and divide it into individual burial plots.
History: Section enacted in 1901; current through 2009 Legislative Session.
Responsibility to create permanent maintenance fund before selling burial lots
Click here for all relevant sections about a cemetery corporation's duty to establish a permanent maintenance fund.
History: Section enacted in 1901; current through 2009 Legislative Session.
Power to convey burial lots
K.S.A. § 17-1309. Once a cemetery corporation complies with the requirements in § 17-1308, it can then convey by deed the burial lots that are shown on the cemetery's recorded plat. These lots can only be used by a lot owner for burials, and the owner's use must comply with any regulations or bylaws that the corporation adopts.
History: Section enacted in 1901; current through 2009 Legislative Session.
Power to replat burial lots
K.S.A. § 17-1310. A cemetery corporation has the complete authority to manage and control all the lands that it lays out and sells within the cemetery, up until the time when either (1) all the burial lots have been sold, or (2) the corporation is dissolved. In addition, the corporation can choose to replat any areas that had been set aside for roads that were never constructed, and to divide those areas up into burial lots.
History: Section enacted in 1901; current through 2009 Legislative Session.
Power to dissolve itself
K.S.A. § 17-1313. A cemetery corporation can be dissolved either: when all of the cemetery's burial lots have been sold; or when a two-thirds majority of all the corporation's stockholders vote to dissolve it. When a corporation is dissolved, the permanent maintenance fund, any outstanding investments, and all associated books and records get transferred to the treasurer of the city where the cemetery is located. The city treasurer will then issue a bond, and after that the city's governing body is required to invest the permanent maintenance fund in the same kinds of securities that it was in before the corporation was dissolved. The income from these investments will then only be used to care for and maintain the cemetery.
History: Section enacted in 1901; current through 2009 Legislative Session.
Power to acquire land through eminent domain
K.S.A. § 17-1315. Any cemetery corporation or any group of individuals that owns or controls a burial ground that is not in a city of the first class can use eminent domain to condemn and acquire lands to enlarge the cemetery as needed.
History: Section enacted in 1923; current through 2009 Legislative Session.
Powers of cemetery corporations in larger cities
Sections 17-1316 to 17-1321 describe powers of cemetery corporations in or near a city of the first class with a population over 40,000.
Power to issue dividends
K.S.A. § 17-1316. The cemetery corporation's board of directors cannot issue dividends that exceed 6% of the cemetery corporation's capital stock, and all earnings above the 6% must be set aside in a permanent maintenance fund.
History: Section enacted in 1909; current through 2009 Legislative Session.
Responsibility to establish a permanent maintenance fund.
Click here for all relevant sections about a cemetery corporation's duty to establish a permanent maintenance fund.
Power to sell cemetery land to another nearby cemetery corporation
K.S.A. § 17-1322. This section deals with the situation where two cemeteries under different corporations have been established either right next to each other or close enough that one corporation could adequately oversee both of the cemeteries under one uniform platting scheme. In that situation, the president and secretary of one of the corporations can choose to convey that association's lands to the other one. To do this, the president and secretary must call a meeting of their cemetery's lot owners, and a majority of the lot owners must vote and grant their consent to combining with the other nearby cemetery. Once the lot owners give their approval, the one cemetery association can convey to the other association all of its land that has not yet been sold to individual lot owners. The single cemetery corporation that remains after the combination can also buy any personal or real property from the defunct cemetery corporation, except for any lots that were already used for burials.
History: Section enacted in 1913; current through 2009 Legislative Session.
Power to replat cemetery land acquired from another cemetery corporation
K.S.A. § 17-1323. Once a cemetery corporation acquires property from another corporation under K.S.A. § 17-1322, the purchasing corporation is able to replat the land to make the platting uniform between the original and newly acquired property. However, the corporation cannot replat lots that were previously sold to a private owner, and cannot replat the area around those lots in a way that will significantly disrupt the acquired cemetery's preexisting system of streets and alleys.
History: Section enacted in 1913; current through 2009 Legislative Session.
Power to sell lands of abandoned cemeteries
K.S.A. § 17-1328. If a cemetery corporation has stopped functioning, and owns lands than have been abandoned for cemetery uses that contain less than 20 graves, the corporation or association can sell those lands. However, enough land must be retained to ensure that the remaining graves continue to be properly cared for.
History: Section enacted in 1927; current through 2009 Legislative Session.
K.S.A. § 17-1329. The trustees or treasurer of a cemetery corporation that sells lands under K.S.A. § 17-1328 must apply any proceeds from the sale to the permanent maintenance and care of the remaining graves.
History: Section enacted in 1927; current through 2009 Legislative Session.
Power of charitable purpose corporations to agree to joint custody of assets
K.S.A. § 17-1348. This section applies to any cemetery corporation that is organized to establish and maintain a cemetery for charitable purposes, and has or acquires a perpetual care agreement or permanent maintenance fund with assets of at least $100,000. For any corporation that fits this description, its governing board can decide to enter into an agreement with a bank that has its principal office in Kansas, to hold the corporation's assets in joint custody. Under such an agreement, the assets are deposited for safekeeping in the bank, and joint custody is officially held between the bank and the corporation's treasurer and board of directors. Once the corporation's treasurer deposits its assets in the bank, he or she no longer has to provide a surety bond for those assets.
History: Section enacted in 1951; current through 2009 Legislative Session.
Responsibility of charitable purpose corporation to exercise discretion when investing assets
K.S.A. § 17-1349. This section requires that the board of directors for a charitable purpose corporation under K.S.A. § 17-1348 must exercise reasonable prudence and discretion when making decisions about how to invest, reinvest, exchange, retain, sell, or manage cemetery property. When making such decisions, the board of directors can acquire or retain every kind of property, including real, personal, or mixed, and every kind of investment, including bonds, debentures, loans secured by real estate mortgages, and stocks, both preferred or common .
History: Section enacted in 1951; current through 2009 Legislative Session.
Power to sell excess real estate
K.S.A. § 17-1375. This section sets up a process through which a cemetery corporation can sell excess real estate that it acquired before 1909 by a deed that restricted the land's use to cemetery purposes. If the deed was coupled with a trust that was set up to benefit nonprofit charities, who do not own lots in the cemetery, then the cemetery corporation can sell off any land that had not already been platted into burial lots by drafting a written statement showing that the corporation's directors have concluded that the cemetery will not need the extra land in the future.
The written statement must also satisfy six additional conditions. First, the statement must show that selling the excess real estate for fair market value is necessary to enable the cemetery to meet its maintenance requirements and its obligations to the trust beneficiaries. Second, it must show that the cemetery corporation will put a restriction in the deed to the real estate that it sells to prevent the land from being used as a cemetery in the future. Third, it must show that the corporation does not reasonably believe that the excess land will be needed for burials in the future, and that the remaining free land that the corporation does not sell will continue to be restricted to cemetery uses. Fourth, the statement must declare that the corporation will only use the proceeds from selling the excess real estate to provide for cemetery maintenance and reserve requirements, and for the benefit of the trust beneficiaries. Fifth, the statement must include a copy of the sale contract for the real estate. The contract must describe the proposed use for the real estate, along with a development plan that has a buffer zone between any planned improvements and cemetery land that was already platted for burials. In addition, if the sales contract contains any restrictions on the use of the real estate, then a written approval from the trust beneficiaries must also be included. Finally, the sixth condition is almost identical to the fifth, but it requires that if any restrictions are put in the sales contract, that they must also be approved in writing by the attorney general.
History: Section enacted in 2008; current through 2009 Legislative Session.
K.S.A. § 17-1376. Once the cemetery corporation completes all the requirements from K.S.A. § 17-1375, the next step is for the corporation to file a petition with either the county district court, or a court that has been assigned jurisdiction over the trust. After the corporation files the petition, the court will schedule a hearing. The corporation has to give notice of that hearing to the attorney general and the trust beneficiaries by mail, and to the cemetery lot owners by publication (K.S.A. § 60-307(d)). After the hearing, the court can approve the sale of the excess real estate if it finds that the sale is equitable and in the best interest of the general public, the trust beneficiaries, and the cemetery lot owners.
Once approved, the real estate that is sold with any restrictions that the corporation placed on it, but not with the trust restrictions that it is only used as a cemetery.
History: Section enacted in 2008; current through 2009 Legislative Session.
Cemetery Associations for Cemetery Districts
Power to accept cemeteries from cemetery corporations and to take over abandoned cemeteries
K.S.A. § 17-1332. The first part of this section deals with a situation where at least one cemetery association or cemetery corporation already exists within the territory of a proposed cemetery district, and the association or corporation wants to convey its land to the cemetery district. To do this, a majority of the association's or corporation's officers and directors must vote to approve, and an offer must be filed with the clerk of the Board of County Commissioners. The offer must state that the association or corporation agrees to convey all of its real and personal property to the cemetery district at no cost, and that the officers and directors of that association or corporation actually have the authority to convey the property.
This section also authorizes the Board of County Commissioners to grant a petition to allow a cemetery district to take over one or more abandoned cemeteries that are located within its territory. To be granted, a petition must include an affidavit, signed by one or more residents of the district, saying that the people or associations that own or control the cemeteries cannot be found, and that the cemeteries have been abandoned for at least five years. Once the board grants this petition, the cemetery district gains title over the abandoned cemeteries, and can exercise control over them.
History: Section enacted in 1925; current through 2009 Legislative Session.
Powers of electors at annual meetings
K.S.A. § 17-1333. At annual association meetings, the electors have a right to vote on several issues. For these issues, a majority of electors present at an annual meeting is enough to: select a name for the cemetery district association; elect directors who will serve terms defined by K.S.A. § 17-1333a; approve any proposition to disorganize the district or annex territory to it; fix the date for the next annual meeting; and determine the amount of tax to be imposed to pay for the maintenance of cemeteries in the district, which cannot exceed the limitations in K.S.A. § 17-1330 or K.S.A. § 17-1365.
History: Section enacted in 1925; current through 2009 Legislative Session.
Responsibilities of cemetery association's board of directors
K.S.A. § 17-1334. After cemetery association directors are elected, they must meet within 30 days. At that meeting, the directors must choose from among themselves a person to serve as president, and a person to serve as secretary-treasurer. The president will set future meetings for the board of directors, and the secretary-treasurer must give the association a $300 bond . In addition to these responsibilities, the president and secretary-treasurer will have all powers and authority that similar officials do in cemetery corporations. Each of these officers will serve a one-year term.
History: Section enacted in 1925; current through 2009 Legislative Session.
Power to issue general obligation bonds
K.S.A. § 17-1335. The beginning of this section describes two general provisions for cemetery associations. First, a cemetery association has the same authorities as cemetery corporations, which are described in K.S.A. §§ 17-1302, 17-1311, 17-1312, 17-1319, 17-1320, and 17-1321. Second, the association's official cemetery (§ 17-1333) must remain a public cemetery.
The rest of the section gives the association's board of directors the authority to issue general obligation bonds, and creates the process that the board must go through to do that. The bonds can only be issued to allow the district to acquire additional land for cemetery purposes. First, the board must adopt a resolution that declares the board's intention to issue bonds, and describes both the reason why they are issuing the bonds, and what amount they will be for. Next, the board must publish its resolution in an official county newspaper. The resolution must be published once a week for three consecutive weeks.
Then, the qualified electors in the district are given a period of time to respond to the resolution, which runs for 30 days after the last date that the resolution is published. Within this period, electors who want to request an election on the board's proposed bonds can circulate the request as a petition. If the petition is signed by at least 5% of the district's qualified electors, and the petition is filed with the office of the county election officer, then an election on the bonds gets scheduled. The procedure for how notice for the election is given, and how the election is held, are determined by the requirements in the general bond law (K.S.A. §§ 10-101 et seq.). If the board's resolution is approved by a majority of the qualified electors that vote in the election, then the board can issue the proposed bonds. The board can also go ahead and issue the proposed bonds if no petition was filed within the 30 day period after publication. Finally, the bonds that are issued cannot exceed the amount specified by the board in its original resolution.
History: Section enacted in 1925; current through 2009 Legislative Session.
Power to annex adjacent territory
K.S.A. § 17-1335i. This section describes the procedures that need to be followed for a cemetery district to annex adjacent territory. First, the exact dimensions of the territory to be annexed must be determined by a survey that is taken and verified by a qualified elector from the territory. Next, a petition to annex the territory must be circulated among the qualified electors in the district. If the petition is signed by at least 51% of the electors, then it gets presented, along with the survey, at a regular meeting of the Board of County Commissioners for the county in which most of the cemetery district's land is located. The Board of County Commissioners then examines the petition to ensure that: it is "regular and in due form"; it is signed by enough electors; the territory to be annexed is located adjacent to the cemetery district; and no part of the territory is located in another cemetery district. If the board members are satisfied with the documents, then they will agree to enter an order that allows the cemetery district to annex the desired territory.
If the annexed territory lies in two or more counties, then the county clerk for the county that passed the annexation order will make a certified copy of the order and send it to the clerks for those other counties.
History: Section enacted in 1953; current through 2009 Legislative Session.
Responsibility to establish a permanent maintenance fund
Click here for all relevant sections about a cemetery association's duty to establish a permanent maintenance fund.
Power to request to receive city cemetery from city's governing body
K.S.A. § 17-1341. A city that is located within the boundaries of a cemetery district and that operates its own city cemetery can transfer or convey its cemetery to the cemetery district. First, the district's board of directors must send a written request to the city's governing body asking to receive the city cemetery. Second, the city's governing body must pass an ordinance agreeing to the transfer.
History: Section enacted in 1939; current through 2009 Legislative Session.
Power of a cemetery district to request an adjacent district to annex it
K.S.A. § 17-1356. This section describes the procedures that need to be followed when two cemetery districts are adjacent to each other, and one district wants to be disorganized and annexed by the other. First, the exact dimensions of the district that wants to be disorganized must be determined by a survey that is taken and verified by a qualified elector who lives in the district. Next, a petition to disorganize the district must be circulated among the qualified electors in the district. If the petition is signed by at least 51% of the electors, then it gets presented at a regular meeting of the Board of County Commissioners for the county where the two cemetery districts are located. The board must examine the petition to make sure that: (1) the two districts are in fact adjacent; (2) the petition is signed by enough electors; and (3) the board of directors for the district that is going to annex the other one have approved the transaction. If the county board members are satisfied with the petition, they will enter an order disorganizing the one cemetery district and annexing it to the other.
History: Section enacted in 1961; current through 2009 Legislative Session.
K.S.A. § 17-1357. A cemetery district that requests to be disorganized and annexed by another under K.S.A. § 17-1356 will be completely, not partially, disorganized and annexed.
History: Section enacted in 1961; current through 2009 Legislative Session.
K.S.A. § 17-1358. When a cemetery district is disorganized and annexed, all of its property and funds get transferred to the cemetery district that is annexing it. After that, the annexed district is a part of the other district for all intents and purposes.
History: Section enacted in 1961; current through 2009 Legislative Session.
Power of a cemetery district to disorganize itself and have its territory annexed by a nearby district
K.S.A. § 17-1359. Sections 17-1359 to 17-1365 provide details about how a cemetery district can be disorganized and annexed by another cemetery district in the same county. Either contiguous or noncontiguous property can be annexed this way.
History: Section enacted in 1969; current through 2009 Legislative Session.
K.S.A. § 17-1360. The first step in the process is for the issue to be presented to the district's electors at its annual meeting. A majority of the electors who are present at the annual meeting must approve of the disorganization and annexation plan, and must also vote on what nearby cemetery district should be approached about annexing their district. After a successful vote, the secretary-treasurer of the district sends certified copies of the plan and the vote results to the secretary-treasurer of the district that the electors voted to approach about annexation.
History: Section enacted in 1969; current through 2009 Legislative Session.
K.S.A. § 17-1361. Once a cemetery district receives a request from another district to annex its territory, the board of directors must decide whether annexation would be in their district's best interests. The board's president must call a meeting with the other directors to discuss the issue. If the board of directors decides to annex the other district's territory, then the directors will show their approval by endorsing a copy of the annexation plan that they received from the district seeking to be annexed. A copy of this plan will also be sent to the Board of County Commissioners. If the board decides not to annex the other district's territory, then the plan does not go forward and the process is over.
History: Section enacted in 1969; current through 2009 Legislative Session.
K.S.A. § 17-1362. Upon receiving an endorsed copy of an annexation plan, the Board of County Commissioners will review the plan, the vote to approve the plan, and the endorsement from the annexing district's board of directors. If all the steps were properly completed, then the Board of County Commissioners will issue an order that disorganizes the one cemetery district and annexes its territory to the other.
History: Section enacted in 1969; current through 2009 Legislative Session.
K.S.A. § 17-1363. When a cemetery district gets disorganized and annexed by another under these sections, then any books, records, papers, money, funds, and property get transferred to the secretary-treasurer of the district that agreed to accept the annexation. Title to the property will also transfer to the annexing district.
History: Section enacted in 1969; current through 2009 Legislative Session.
K.S.A. § 17-1364. After a cemetery district annexes another district's territory, the electors present at the district's next annual meeting must decide how many directors should sit on the district board. This number can be between five and nine. Directors who are elected at that meeting will serve until the next annual meeting.
To qualify to be a director, a person must reside either (1) in the county or counties where the cemetery district is located or (2) within 25 miles of the cemetery district boundaries. If a director moves his or her residence so that he or she does not fulfill either of those requirements, then the director's position is considered vacated. The remaining directors will vote to elect a replacement, who will serve as a director until the next cemetery association meeting.
History: Section enacted in 1969; current through 2009 Legislative Session.
Responsibility to file annual report of finances with county commission
K.S.A. § 17-1372. Each year by December 31, the treasurer of a cemetery district must file an annual report with the Board of County Commissioners. The report must include: the amount of money in all cemetery funds and the source of those funds; the amount of money invested in idle funds (under K.S.A. § 12-1675); and the amount of money earned on investments of idle money, along with where that money is invested, with all of that information listed on a separate statement. This report must be submitted with an affidavit that is signed by the district's president and treasurer.
History: Section enacted in 1994; current through 2009 Legislative Session.
Power to issue no-fund warrants to acquire land
K.S.A. § 17-1374. If a cemetery's board of directors decides that it needs to acquire land to enlarge the cemetery, but does not have enough money to do so, a majority of the board must vote to issue a resolution of intent to apply to the state court of tax appeals. The purpose of the application will be to give the board of directors the authority to issue no-fund warrants to purchase needed land, survey it, plat it into lots, and prepare it for burials.
But before the board of directors can submit an application to the tax court, it must notify the public of its resolution. To do this, the resolution must be published in an official county newspaper once a week for two consecutive weeks. Then, the qualified electors in the district are given a period of time to respond to the resolution, which runs for 30 days after the last date that the resolution is published. Within this period, electors who want to request an election on the board's resolution can circulate the request as a petition. If the petition is signed by at least 5% of the district's qualified electors, then an election on the resolution gets scheduled. The procedures for how notice for the election is given, and how the election is held, must follow the requirements in the general bond law (K.S.A. §§ 10-101 et seq.). The district's board of directors must pay any costs associated with this election. If the board's resolution is approved by a majority of the qualified electors that vote in the election, then the board can submit its application to the tax court. The board can also go ahead and submit the application if no petition was filed within the 30 day period after publication.
The application to the tax court must include: (1) a copy of the district's budget for the current budget year; (2) the current tax rate; (3) a copy of the statute that allows the district to levy taxes; (4) the cost of the desired land; and (5) a detailed explanation for why the district needs more land and why the district does not have enough money to acquire more land. The tax court will examine the application to see whether the district needs to acquire more land, whether the district has insufficient revenues to acquire the land, and whether the district's authority to levy taxes is insufficient to raise the needed revenue.
Before the tax court can make a ruling and authorize the district to issue no-fund warrants, the court must hold a public hearing on the matter. The procedures for giving notice of the hearing and then conducting the hearing must follow the Kansas Administrative Procedures Act (K.S.A. §§ 77-501 et seq.). The notice must be paid for by the cemetery district, and must be published in a county newspaper once a week for two consecutive weeks. Furthermore, the hearing must be scheduled at least 10 days after the final publishing date. Any member of the public can file a written protest against the board's application, and any member of the district's board of directors can appear in person at the hearing to support the application. Finally, all records and findings from the hearing will be kept open to public inspection.
After the hearing, if the tax court is satisfied with the board's application, it can authorize the board to issue no-fund warrants to pay for acquiring land. The amount of these warrants cannot exceed $35,000, and they must be repaid within 15 years after they are issued. The board of directors can issue a new tax to pay for repay the warrants, in addition to the taxes the board is already allowed to issue under law.
History: Section enacted in 1999; current through 2009 Legislative Session.
-
How are cemetery sales records to be kept?
Records; deeds in trust. K.S.A. § 12-1419
The city clerk or township clerk is responsible for keeping records of any proceedings that relate to managing a cemetery. Also, the clerk must keep records of deeds in trust, and funds.
History: Section enacted in 1915; current through 2009 Legislative Session.
Cemetery board; appointment; salary of secretary. K.S.A. § 12-1420
A city's governing body can pass an ordinance to create a board of directors to manage the city's cemeteries. The board secretary is responsible for keeping the cemeteries records, selling cemetery lots, and performing other various duties.
History: Section enacted in 1927; current through 2009 Legislative Session.
-
What power does the state have to acquire or purchase property of historic or archaeological significance?
State Historical Society; acquisition and disposition of property. K.S.A. § 75-2701
The State Historical Society is authorized to acquire property, both real and personal, by gift, by a person's will, or by some other method. The society's executive committee must decide what the society's best interest are when considering whether to acquire a property, and how to acquire it.
History: Section enacted in 1879; current through 2009 Legislative Session.
Historical society; historic preservation powers and duties. K.S.A. § 75-2721
This section lists the State Historical Society's powers, and one of those powers is to acquire historical properties by gift, purchase, devise, or bequest. The society's ability to acquire properties is limited only by the amount of resources that it has available.
History: Section enacted in 1977; current through 2009 Legislative Session.
-
How does the state manage park and historical sites?
State park, site or facility; employment of police officers; powers; jurisdiction of courts. K.S.A. § 76-2028
The Kansas State Historical Society can employ one or more people as police officers at any society historical site or park. Those officers will have the same authority as any other police officer or sheriff. Whenever one of those officers makes an arrest, the prosecutions will be brought in the district court for the county where the site or park is located.
History: Section enacted in 1959; current through 2009 Legislative Session.
Historical society property; use by third parties. K.S.A. § 76-2056
This section provides some guidance for how the State Historical Society can operate its historical sites. First, the society can allow groups to use the society's facilities and land for special events as long as the society thinks the event is in the public interest. If the society decides to allow a group to hold an event on the society's property, then the group must follow any society rules and regulations. Second, the society can create a reasonable set of fees to charge people who want to use society property. Any fees that are collected get sent to the state treasurer, who deposits them in the state historical society facilities fund. The society's secretary can use money from this fund to pay any costs associated with keeping sites open to the public.
History: Section enacted in 1990; current through 2009 Legislative Session.
-
What are the powers of municipal and county governments regarding park and historical sites?
Land for park purposes; sales or exchanges in connection with parks; use of moneys; notice; protest; election; validation of prior sales and conveyances. K.S.A. § 12-1301
City governments can decide to acquire land to use as a public park. The city can buy land, lease it, take options on it, or can exchange a park or square that the city already owns for it.
Before a sale or transfer can be finalized, the city must publish notice in the official city newspaper once a week for two consecutive weeks. The public can then respond to the sale or transfer within 30 days from the last date of publication. Opponents to the sale or transfer must get a petition signed by at least 10% of the electors who voted in the last regular city election, who are determined by looking at the city's poll books. The opponents must submit this petition to the city clerk within the 30 day period. If a petition gets submitted, then the sale or transfer gets decided at a regular or special election, which is held following the rules for bond elections (K.S.A. § 10-120). If no petition is submitted, then the sale or transfer is automatically approved.
History: Section enacted in 1923; current through 2009 Legislative Session.
Same; bonds for land and improvements; election. K.S.A. § 12-1302
A city's governing body can issue bonds either to improve existing park land or to acquire new park land. If the governing body wants to issue bonds for park improvements, then the bonds must be approved by a majority of the voting public at a general or special election.
If the governing body wants to issue bonds to acquire new land, the city must first publish a notice in the official city newspaper once a week for two consecutive weeks. The notice must describe the specific lands that the city wants to acquire, and the amount of the bonds. The public can then respond within 30 days from the last date of publication. Opponents to the bonds must get a petition signed by at least 10% of the electors who voted in the last regular city election, who are determined by looking at the city's poll books. The opponents must submit this petition to the city clerk within the 30 day period. If a petition gets submitted, then the city's proposal to issue bonds for new land gets decided at a regular or special election, which is held following the rules for bond elections (K.S.A. § 10-120). If no petition is submitted, then the bonds can be issued.
History: Section enacted in 1923; current through 2009 Legislative Session.
City parks; maintenance; tax levy, use of proceeds. K.S.A. § 12-1303
Cities can collect a "park tax," which can be used either to pay for park maintenance or to pay the interest on bonds.
History: Section enacted in 1909; current through 2009 Legislative Session.
City parks; park control and regulations. K.S.A. § 12-1304
City parks that are created under K.S.A. § 12-1301 are under the control of the city's governing body. That body is responsible maintaining the parks, using money raised by park taxes under K.S.A. § 12-1303. Also, the governing body must make any necessary regulations for the parks.
History: Section enacted in 1909; current through 2009 Legislative Session.
Eminent domain for public parks. K.S.A. § 12-1306
A city's governing body has the authority to condemn land through eminent domain to create public parks. The city should first try to negotiate a reasonable sale price with the private property owner. If the two sides cannot agree to a price, then the city must hire a licensed surveyor or engineer to conduct a survey of the land. The city files this survey with the city clerk, and then issues an order that explains why it is necessary for the city to condemn and acquire the land at issue. The city can use the survey during legal proceedings to determine a reasonable amount of compensation.
History: Section enacted in 1923; current through 2009 Legislative Session.
Government projects; delegation to cities, counties or state board of regents or institutions. K.S.A. § 75-2724
The state historic preservation officer ("SHPO) can delegate some of his or her duties to a municipal or county government if he or she is convinced that: (1) the municipality has a comprehensive local historic preservation ordinance; (2) the municipality has created a local historic preservation board; and (3) the municipality has demonstrated that it is committed to historic preservation. To delegate powers, the SHPO must enter into a written agreement with the municipality that describes: what specific authority the SHPO is delegating; how the municipality will report its decisions to the SHPO; when and how the municipality can seek the SHPO's assistance; how long the agreement will be valid; and how the agreement can be terminated.
The specific powers that the SHPO can delegate include the authority to investigate government projects that threaten to damage or destroy any historic property. Once the SHPO has delegated his or her powers, the municipality must be notified of any such government project and must have a chance to give its comments. The municipality submits its comments to the governor, who decides whether the project can go forward. While the SHPO can agree to delegate his or her powers, the understanding is that the SHPO still retains the ability to launch investigations or make comments on a project that threatens a historic property at any time.
History: Section enacted in 1977; current through 2009 Legislative Session.
-
How do county and municipal governments oversee cemetery property?
Establishment or acquisition of cemetery land in cities or townships. K.S.A. § 12-1401
Any city (meaning a first or second class city) or township can use eminent domain to acquire land for use as a public cemetery. In addition, a city and township can join together to acquire land for a public cemetery, and two or more townships can join together as well. If a city, township, or group of cities and townships decide to use eminent domain, they will condemn the desired private land and then pay the private landowner the fair market value for that land. However, this section prohibits cities and townships from using eminent domain to take land that is already being used by religious organizations as cemetery land for burials.
History: Section enacted in 1923; current through 2009 Legislative Session.
Same; care and control; moneys. K.S.A. § 12-1402
If a city acquires land for a public cemetery through eminent domain, that cemetery is put under the control of that city's governing body. For a township, the public cemetery is put under control of that township's governing body. When two or more townships join together to acquire land by eminent domain for a public cemetery, the cemetery is put under the control of a board that consists of the township trustees and township clerks for all townships involved. Regardless of which body or board is given control of the cemetery, the entity has the sole authority to make and enforce all necessary rules or regulations relating to the cemetery's maintenance. This includes the authority to set the price to be paid for burial lots.
History: Section enacted in 1913; current through 2009 Legislative Session.
Same; township tax levy for site; limitation. K.S.A. § 12-1403
A township or city governing body can create a tax on all "tangible property" (both land and personal property) within their jurisdiction in order to create a fund from which the township or city can pay private landowners whose lands are condemned through eminent domain.
History: Section enacted in 1913; current through 2009 Legislative Session.
Same; townships may join in procuring lands. K.S.A. § 12-1404
If two or more townships have created funds as described in K.S.A. § 12-1403, this section allows them to join and use their funds together in order to acquire land through eminent domain for public cemeteries. When deciding how to use their funds for this purpose, the boards of the townships involved should hold a joint meeting to agree on all details.
History: Section enacted in 1913; current through 2009 Legislative Session.
Cemeteries in cities; tax levy. K.S.A. § 12-1405
All cities that own municipal cemeteries can collect an annual property tax to pay either to maintain the cemeteries or to pay the interest on bonds. All townships that own municipal or township cemeteries can also collect an annual property tax to pay for maintaining those cemeteries.
History: Section enacted in 1913; current through 2009 Legislative Session.
Cities and townships may purchase land of cemetery association; notice of purchase; protest. K.S.A. § 12-1406
A city's governing body can agree to purchase from a cemetery association all of the association's unsold land, but not for more than $1. But before any purchase agreement can be finalized, the city needs to publish a notice about the pending agreement in the city newspaper for two weeks. Upon becoming aware of the notice, lot owners in the cemetery can defeat the purchase agreement by getting over 30% of all lot owners to sign a petition opposing the transfer, and then submitting the petition to the city clerk within 30 days from the day that the notice was first published. Barring the submission of any such petition, the purchase agreement is finalized. After the agreement is finalized, the city becomes solely responsible for maintaining the roadways and parking lots in and around the cemetery.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; purchase of adjoining land; tax levy, use of proceeds. K.S.A. § 12-1407
A city's governing body is authorized to purchase land located adjacent to any land purchased under K.S.A. § 12-1406, and to collect a tax to either pay for that land or to pay for the interest on bonds.
History: Section enacted in 1913; current through 2009 Legislative Session.
Endowment fund for cemetery maintenance. K.S.A. § 12-1408
The governing body of any city that owns and operates a cemetery can decide to create an endowment fund to maintain that cemetery. A majority of the governing body must be approve the decision to create a fund.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; contributions. K.S.A. § 12-1409
Once a city's governing body creates an endowment fund for a cemetery under K.S.A. § 12-1408, the governing body can deposit in the fund: any money that the city has available; any money from other cemetery funds that the city is not using; any contributions that are made for cemetery maintenance; and profits gained by selling lots in the cemetery or selling cemetery land for non-burial purposes. If a majority of the governing body votes to approve, then the body can also decide to set aside future profits for the endowment fund.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; use and investment of funds. K.S.A. § 12-1410
Money that a city deposits in a cemetery endowment fund can either be invested by following the requirements in K.S.A. § 12-1675, or in state, municipal, or federal bonds. The city can spend the interest from the investments to care for graves or to improve the cemetery, but the city cannot use the principal in the fund. The city can also transfer money from the endowment fund to the cemetery's general fund where it can be used for cemetery maintenance. However, the city cannot transfer money from the endowment fund that was donated by popular subscription or by a private donor.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; bonds of custodians of funds. K.S.A. § 12-1411
Any person who is appointed as a custodian for a cemetery endowment fund must give a bond for faithful performance of their duty that equals double the amount in the endowment fund. The custodian must pay this bond at the time when they take their official oath of office.
History: Section enacted in 1917; current through 2009 Legislative Session.
Improvements connecting cemetery located outside city. K.S.A. § 12-1412
If a city owns a cemetery located beyond the city's corporate limits, then the city's governing body can use money from the city's general improvement fund to pave, grade, curb, gutter, gravel, or repair any street, alley, avenue or road running from the city's boundary line to cemetery's entrance.
History: Section enacted in 1921; current through 2009 Legislative Session.
Same; bonds. K.S.A. § 12-1413
If a city's governing body decides to improve a road as in K.S.A. § 12-1412, and a special tax is going to be collected for the project, then the governing body can pay for the entire cost of the project by issuing improvement bonds .
History: Section enacted in 1923; current through 2009 Legislative Session.
Same; tax levies. K.S.A. § 12-1414
If a city's governing body decides to improve a road as in K.S.A. § 12-1412, the project must be paid for in equal annual installments. The governing body can collect a special tax each year to pay those installments, plus any additional interest.
History: Section enacted in 1923; current through 2009 Legislative Session.
Same; bond election, when. K.S.A. § 12-1415
If a road improvement project is going to cost more than $5,000, then a city's governing body cannot issue bonds to pay for the project until getting approval through a bond election. The governing body must create a proposal that describes the specific street to be improved, and the amount of bonds that will be issued. This proposal gets presented to the public at a regular or special election. If a majority of the voters approve the proposal, then the governing body can issue the bonds.
History: Section enacted in 1923; current through 2009 Legislative Session.
Transfer of management of association to city or township. K.S.A. § 12-1416
A cemetery association can place responsibility for managing and controlling its property under a board of directors that is appointed by a city's or township's governing body. To do this, the association must first call a meeting of its shareholders that is advertised at least 30 days ahead of time. If the shareholders approve of the association's plan, then the plan can go forward.
History: Section enacted in 1915; current through 2009 Legislative Session.
Same; election; debts. K.S.A. § 12-1417
After a cemetery association decides to request that a city take over responsibilities for its cemetery, then the issue must be presented to the city's voters at a regular or special election. If the voters approve of the takeover, the city's governing board can go ahead and accept the management and control responsibilities. However, by agreeing to manage a cemetery, a city cannot be held responsible for paying any debts or other obligations that the cemetery association incurs.
History: Section enacted in 1915; current through 2009 Legislative Session.
Same; trustee for funds; nonliability. K.S.A. § 12-1418
Once a city's governing body assumes responsibility for maintaining and controlling a cemetery, the body is authorized to act as trustee for the cemetery's maintenance funds. The governing body can decide when to withdraw money from the maintenance fund and give it to the cemetery association to use for improving, maintaining and caring for the lots, graves, monuments, vaults or other cemetery property. However, the city's governing body cannot be held responsible if the cemetery association misuses the money that it receives.
History: Section enacted in 1915; current through 2009 Legislative Session.
Same; records; deeds in trust. K.S.A. § 12-1419
The city clerk or township clerk is responsible for keeping records of any proceedings that relate to managing a cemetery. Also, the clerk must keep records of deeds in trust, and funds.
History: Section enacted in 1915; current through 2009 Legislative Session.
Acquisition by gift in city or township, when. K.S.A. § 12-1419b
A city or township governing body can pass a resolution to accept as a gift any cemetery that is owned by a religious body or denomination.
History: Section enacted in 1949; current through 2009 Legislative Session.
Same; effect. K.S.A. § 12-1419c
Once a city or township accepts a cemetery from a religious group, then it becomes a public cemetery that is subject to all sections of article 14 of chapter 12.
History: Section enacted in 1949; current through 2009 Legislative Session.
Cemetery board; appointment; salary of secretary. K.S.A. § 12-1420
A city's governing body can pass an ordinance to create a board of seven directors to manage, operate, maintain, and improve the city's cemeteries. The directors are appointed by the mayor, and approved by the governing body. Any city resident can be named as a director, but no one can be named as a director while holding another office in the city government. The cemetery directors are not paid, but the governing body may choose to compensate the board's secretary for the secretary's work to keep records, sell cemetery lots, and perform other duties. The governing body can decide what amount to pay the secretary.
History: Section enacted in 1927; current through 2009 Legislative Session.
Same; term of office; removal; vacancies. K.S.A. § 12-1422
When a cemetery board of directors is first created, the mayor appoints two directors to one-year terms, two directors to two-year terms, and three directors to three-year terms. The directors begin serving their terms on first day of February after they are appointed. After that first year, the mayor must name replacements for any directors who are retiring that year on or before the first day of February. Incoming directors serve three-year terms.
The mayor can also remove a director for misconduct or neglect of duty once he or she gets consent from the city's governing body. Whenever a director position becomes vacant, the mayor names a replacement and the governing body grants its approval.
History: Section enacted in 1927; current through 2009 Legislative Session.
Same; organization. K.S.A. § 12-1423
Once all the directors are appointed to a cemetery board, they must meet to select from among themselves a president and any other necessary officers. These officers will serve one-year terms.
The directors must adopt bylaws to govern their board and regulations to govern the city's cemeteries. Moreover, the directors have sole power to spend cemetery funds for cemetery maintenance and improvement.
History: Section enacted in 1927; current through 2009 Legislative Session.
Same; treasurer; term; bond. K.S.A. § 12-1424
In addition to the officers mentioned in K.S.A. § 12-1423, the board of directors must elect a board treasurer who will hold a two-year term. The treasurer must give a bond to ensure that he or she will make sure the cemetery's funds are kept safe and are spent properly. The board of directors sets the amount of the bond.
History: Section enacted in 1927; current through 2009 Legislative Session.
Same; sexton and assistants. K.S.A. § 12-1425
The cemetery board of directors appoints a sexton, who is responsible for maintaining the city cemeteries, and any assistants that the sexton needs. Furthermore, the board sets the sexton's and the assistants' compensation, and has the power to remove them at any time. In general, the board has the authority to take whatever steps are needed to ensure that the city's cemeteries are properly maintained.
History: Section enacted in 1927; current through 2009 Legislative Session.
Same; annual reports. K.S.A. § 12-1426
The board of directors must submit an annual report to the city governing body by January 15th of each year. This report must include: the conditions of the cemetery trust as of December 31st; what money was received or spent over the past year; and any additional information or details of general interest about the cemetery. The annual report must be verified by an affidavit that is signed by the board's president and secretary.
History: Section enacted in 1927; current through 2009 Legislative Session.
Same; abolishment of board; election; petition, when. K.S.A. § 12-1427
The city governing body can decide to abolish a cemetery's board of directors, but cannot do so until two years after the board is created. First, at least 25% of the qualified electors in the city must sign a petition requesting that the board of directors be abolished. Second, the issue gets put before the voting public at either a regular or special election. If a majority of the voters choose abolishment, then the governing body can decide to abolish the board of directors and retake control over the city's cemeteries.
History: Section enacted in 1927; current through 2009 Legislative Session.
Power of city to revest title from private lot owner for failing to obey cemetery association regulations. K.S.A. § 12-1428
Once a city or township has acquired a cemetery from a cemetery association, the people that previously purchased burial rights for lots from the cemetery association must continue to fulfill obligations required of them under the cemetery association regulations. In the event that a lot owner violates those regulations for a period of ten years, the city or township can go through a procedure to "revest" or take back title from the owner. If the city successfully completes revesting procedure, the city can get back title over a cemetery lot, with the exception of any portion of the lot that the owner has not yet used for burials, plus enough space for two additional burials on adjacent lots.
If the cemetery lot owner that is violating the cemetery regulations is a resident of the county in which the cemetery is located, then the city or township can serve the lot owner with notice in the same way that one would in a civil case (K.S.A. § 60-303). The notice must include the amount that the lot owner owes as a result of his or her failure to satisfy the cemetery regulations, and also the amount of time that the owner has to pay that amount of money to the city clerk or township clerk. The amount of time given to the lot owner has to be at least 30 days from the date that the lot owner receives the notice. Finally, the notice must inform the lot owner that failure to pay the required amount of money before the deadline will allow the city or township to revest the portions of the owner's lots not currently being used for burials.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; notice to nonresidents. K.S.A. § 12-1429
If a city or town wants to try to revest a cemetery lot from a private owner, then it is the responsibility of the sheriff from the county in which the cemetery is located to determine where the lot owner lives. If the lot owner lives in the same county as the cemetery, then the city or township follows the notice procedures in K.S.A. § 12-1428. But if the lot owner lives outside the county where the cemetery is located, then the city or township has to provide notice of the revestment through a different procedure. The city or township has to publish the revestment notice in the official county newspaper, and also to send a copy of the notice by registered mail to the lot owner's last known address. The notice must specify that the time limit required for payment is at least 30 days after the notice was originally published in the county newspaper.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; record of proceedings. K.S.A. § 12-1430
It is the city's or township's responsibility to retain records of all resolutions about revesting cemetery lots, as well as records of all notices and proofs of service or publication.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; actions to determine title. K.S.A. § 12-1431
As described in K.S.A. § 12-1428 and K.S.A. §12-1429, cities and townships desiring to revest title to cemetery lots must give the lot owner at least 30 days to pay whatever amount is owed as a result of the owner's failure to abide by cemetery association regulations. Once those 30 days are up, if the lot owner has not paid the required amount then he or she is in default and their rights to the cemetery lots are considered abandoned. The city or township can then bring suit in district court to have the lot owner's rights completely terminated and to revest title in the city or township. Furthermore, if there are multiple lot owners in default at any given time, the city or township can combine all those defaulted owners into one action to make the proceedings more efficient. The revestment actions are required to proceed in the same way as ordinary actions to determine title to real estate would.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; abandonment by grantee or holder. K.S.A. § 12-1432
In all revestment cases, the fact that a cemetery lot owner has not followed the cemetery association regulations for a period of 15 years or more shall be prima facie evidence that the lot owner has abandoned his or her lots.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; judgment may be recorded. K.S.A. § 12-1433
A certified copy of the judgments in quiet-title actions may be filed in the office of the register of deeds in the county where the cemetery lot at issue is located.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; perpetual care contracts exempt. K.S.A. § 12-1435
This act does not apply to any cemetery lots for which a perpetual care contract was made between the cemetery association and the lot owner. Under customary perpetual care contracts, the lot owner agrees to pay a one-time lump sum to the cemetery association in exchange for ongoing maintenance of the owner's lot, in addition to protection from abandonment claims like revestment claims.
History: Section enacted in 1935; current through 2009 Legislative Session.
Same; title reinvested in city or township; reconveyance to lot holder, when. K.S.A. § 12-1436
Once a city or township follows the necessary revestment procedures and prevails in its suit against the defaulting lot owner, the effect of the court order is to give the city or township ownership over the cemetery lot at issue as if the private owner never held title to it. That means that the city would then enjoy title over the cemetery lot subject only to applicable state laws and cemetery association regulations.
However, after successfully revesting title, the city or township cannot sell or transfer the cemetery lot for one year after the revestment claim was first initiated. During this period, the previous lot owner who had been in default can regain title to the lot, provided he or she fulfills several requirements. First, the previous owner has to pay to the city clerk or township clerk an amount comprised of the original amount owed for violating cemetery regulations, as well as the cost the city or township incurred in providing notice of the revestment claim, and any additional sums spent to maintain the lot in the time since the claim was brought. Second, the previous owner has to agree to a perpetual care contract with the cemetery association to provide for maintaining the lot on an ongoing basis.
History: Section enacted in 1935; current through 2009 Legislative Session.
Authority to accept trust funds. K.S.A. § 12-1437
Cities that own cemeteries can accept funds from individuals to maintain burial lots.
History: Section enacted in 1937; current through 2009 Legislative Session.
Same; investment and use of income. K.S.A. § 12-1438
A city must place any money that an individual donates for the maintenance of burial lots in a special trust fund. The fund must then be invested as the donor directs. If the donor did not specify how his or her money should be invested, then the city must follow K.S.A. § 12-1675.
History: Section enacted in 1937; current through 2009 Legislative Session.
Same; ordinance required. K.S.A. § 12-1439
Sections 12-1437 and 12-1438 only apply to cities that pass an ordinance stating that the cities want to adopt the sections.
History: Section enacted in 1937; current through 2009 Legislative Session.
Revestment by city of title to burial lots that a private owner has held for fifty years without using for burials. K.S.A. § 12-1440
This section establishes the procedure that a city or township that owns a cemetery can use to regain or "revest" title to cemetery land from a lot owner . First, the land that the city wants to revest cannot already have a person buried on it, and the present owner of the land needs to have owned the land for at least fifty years.
The next step in the process involves how the city gives notice to the lot owner of the city's revestment claim, and how this notice is given depends on whether the cemetery lot owner lives in the county where the cemetery is located, or outside that county. If the lot owner lives in the same county as the cemetery, then the city must provide notice by following the same procedure one would use to serve a summons in a civil case (K.S.A. § 60-303). Once this notice has been given to the lot owner, the lot owner has 30 days to respond. If the lot owner wants to keep title to the contested cemetery land, then the lot owner needs to send a written letter to the county clerk with (1) a description of how the lot owner acquired ownership of the cemetery land and (2) a statement that the lot owner wants to retain title to the land. If the governing board of the city or township then decides that the lot owner satisfactorily met these two requirements, then the city's revestment claim is terminated.
On the other hand, if the lot owner lives outside the county, the city or township needs to publish the notice of the revestment claim in the official city or county newspaper once a week for two weeks. This notice must contain a general description of the revestment claim, including the lot numbers involved and the lot owners' names, along with the deadline for the lot owner to respond to the claim and how to respond. To respond to the revestment claim, the lot owner must send a written letter to the county clerk with (1) a description of how the lot owner acquired ownership of the cemetery land and (2) a statement that the lot owner wants to retain title to the land. If the governing board of the city or township then decides that the lot owner satisfactorily met these two requirements, then the city's revestment claim is terminated.
This section requires that the city or township retain records of all notices, with proofs of service, whether by mail or publication, and all resolutions that the city or township makes about revestment claims.
The next step in the procedure is the same if the notice was given by mail or by publication in a newspaper. If the period of time given in the notice for the lot owner to respond has passed, and the lot owner did not send a written statement to the county clerk, then the city or township can assume that the lot owner is abandoning his or her title rights to the cemetery lot. The city or township can then file a suit in the county district court and can include in that suit any or all lot owners who are in a state of default on their cemetery lots at that time. This suit should be brought in the same way as other suits would be about determining title to real estate. In this suit the court can consider as prima facie evidence of abandonment both the fact that the lot owner held title to a cemetery lot for fifty years without using it for a burial, and the fact that the lot owner failed to respond to notice about the revestment action. As a result of the suit the district court can formally terminate a defaulting lot owners' title, and return complete title to the city or township. A copy of the court judgment giving title back to the city or township is then filed with the county office of the register of deeds in the county where the cemetery is located.
The notice that is given at the beginning of a revestment claim, and the judgment returning title to the city or township, both must accurately describe what part of the contested cemetery lot is not being used for burials, and both need to make sure to leave enough land available to allow future owners to get in and out from the lot. This can be done by constructing roads or alleys, or leaving enough land aside to build those structures in the future.
Finally, any lots that are under a perpetual care contract between the lot owner and the city, the township, or the cemetery are exempt from revestment by this method.
History: Section enacted in 1971; current through 2009 Legislative Session.
Prevention of unintended cemetery uses by cities or counties; definitions. K.S.A. § 12-1441
Once a city or county has established, acquired, or assumed control of a cemetery or burial grounds, it is the governing body's duty to ensure that the land is not used for dumping grounds, building sites, playgrounds, places of entertainment or amusement, public parks, athletic fields, parking lots, or any purpose other than for burials or other intended cemetery purposes. If a tract of land has been reserved for burial purposes, and part of the land is already used for burials, then the entire tract must be saved from other uses. In this section, the terms "cemetery" and "burial grounds" mean parcels of land set aside and used for the interment of human bodies.
History: Section enacted in 1977; current through 2009 Legislative Session.
What are the powers and duties of the state historical commission?
NOTE: The State Historical Society's various roles and responsibilities are detailed below. First, the society's duty to manage and acquire the state's holdings of historic property is described in sections 75-2701, 75-2714, and 75-2726. Second, the society's responsibilities for managing its collection of historical written and print materials are detailed in sections 75-2702 and 75-2703. Third, the society's responsibilities under the Kansas Historic Preservation Act are described in sections 75-2715 to 75-2725. This includes a description of the duties of the Kansas State Historic Sites Board of Review at section 75-2720, and a description of the State Historical Society's duties under the National Historic Preservation Act at section 75-2723. Fourth, the society's power to insure its collections can be found at 75-2728. Fifth, the society is responsible for overseeing several grant programs; specifically, the Heritage Trust Fund at section 75-2729, and the grant program for historic partnership sites at section 75-2732. Finally, the duties of the Unmarked Burial Sites Preservation Board are described in sections 75-2741 to 75-2754.
State Historical Society; acquisition and disposition of property; executive director; Kansas State Historical Society, Inc., board of directors, executive committee, distinction between entities; fees for admittance to property. K.S.A. § 75-2701
The Kansas State Historical Society is named as a trustee for the state, and the society is given the authority to spend state money and to manage the state's holdings of historical property. However, the historical society is prohibited from selling, mortgaging, or transferring any of that property without proper authorization. If the historical society gets authorization, it can sell, exchange or donate any properties that are duplicates, are outside the scope of the collection, are hazardous, or do not have enough educational or exhibit value. If society wants to dispose of a property because it lacks educational or exhibit value, the society must notify local museums to see if one of them would like to acquire the property. Furthermore, if the society wants to dispose of a property that was donated by an individual, the society must follow procedures that are reasonably likely to notify the donor or his or her family beforehand. If the donation was made less than 20 years earlier, than the donor must be given an opportunity to take the property back before the society can dispose of it some other way.
The State Historical Society must have a board of directors, which in turn must have an executive committee. The State Historical Society, Inc. has the duty to name members to the board of directors and the executive committee.
The historical society executive committee is responsible for making decisions about what real or personal property to acquire, either by sale, gift, or other method. The executive committee will only acquire properties that are in the historical society's best interests. The historical society holds any property it acquires in the public interest, and can adopt whatever regulations are necessary to preserve the property.
If necessary, the historical society can charge an admission fee to its properties to raise revenue for the historic properties fee fund. The society sends all money that is collects as fees to the state treasurer, who then deposits the money in the historic property fees fund. To withdraw money from this fund, the historical society must pass an appropriation act after receiving written authorization from the director of accounts and a report approved by the society's executive director.
The State Historical Society is designated as a state agency within the executive branch of the Kansas state government. In addition, the Kansas State Historical Society, Inc., is a not-for-profit corporation organized under Kansas incorporation laws. All of the real and personal property that the historical society controls and supervises is either owned or maintained by the Kansas State Historical Society, Inc., or by the state of Kansas.
History: Section enacted in 1879; current through 2009 Legislative Session.
Preservation of historic character of certain property; State Historical Society authorized to make agreements; limitation on use of eminent domain; remedies. K.S.A. § 75-2714
The State Historical Society can enter into agreements with state government agencies, federal government agencies, or private individuals about the construction of roads, highways, or buildings which, due to proximity to land under the society's control, would compromise the land's historic character or integrity.
No state agency can exercise eminent domain over land owned by the historical society without first getting the society's written approval. Also, no state agency can alter the physical features of a historical society property without first getting approval from the society. If the historical society decides not to grant approval, then it must send its response to the state agency by registered mail. Within 20 days after the agency receives the rejection, any party that is harmed by the decision can apply to the secretary of state for a hearing on the matter. The secretary of state must hold the hearing within 30 days after receiving the application. During the hearing, the secretary of state must follow all requirements in the Kansas Administrative Procedures Act (K.S.A. §§ 77-501 et seq.). After the hearing, the secretary of state must enter an order that either affirms, reverses, or modifies the historical society's decision. The secretary of state's decision can be appealed, following the requirements in K.S.A. §§ 77-601 et seq.
Finally, the attorney general can file an action in district court to enjoin a state agency from disobeying an order from the secretary of state, or from beginning a project without getting the historical society's approval if it would be required.
History: Section enacted in 1971; current through 2009 Legislative Session.
Acquisition of historic property for purposes of historic preservation. K.S.A. § 75-2726
Before the state can acquire a historic property, the property must be listed on the national register of historic places and the property owner must submit an application for acquisition that gets filed with secretary of the State Historical Society. The secretary is responsible for creating the form of the application, and an applicant must complete the form with all necessary information. Once complete, the application must be signed by at least 1,000 qualified electors, of which at least 25% must be electors who live in the county where the historic property is located.
When the secretary of the historical society receives an application, he or she forwards it to the state Historic Sites Board of Review to investigate and make findings of fact. The board of review will investigate the following factors: (1) whether the historic property has sufficient historical significance, educational value and general public interest to justify acquisition; (2) what the costs of acquisition, restoration, development, operation and maintenance of the historic property will be for at least five fiscal years after the property gets acquired; (3) whether the historic property will generate financial revenues in the future and an estimate of the amount of such revenues for at least five fiscal years subsequent to the proposed date of acquisition of the historic property; (4) whether the society could form a partnership with state government, local governments and private individuals to develop and maintain the property on an ongoing basis; (5) whether the historic property is similar to other historic property that the society already owns; (6) whether the historic property retains an original appearance, setting and materials which are adequate to interpret its significance; (7) whether the historic property is accessible or can be made accessible to visitors by customary means of transportation, and what it would cost to do so; (8) whether the historic property has access to utilities and other services required for operation, and if not, what it would cost to get access; (9) whether the historic property illustrates, interprets or is identified with an important aspect of Kansas history or prehistory; and (10) any other relevant factors.
If the application is being resubmitted and the board of review conducted an investigation for the previous application, then the board can decide whether a second investigation is necessary. If the historic building happens to be destroyed or severely damaged while the board of review is investigating, so that the building no longer retains characteristics of historic value, then the board can decide to immediately stop its investigation. The board must then inform the applicant, the governor, and the legislature about why it is stopping the investigation.
After conducting its investigation, the state Historic Sites Board of Review must evaluate the property and submit a report to the governor and the state legislature. The report must be submitted within one year after the historical society's secretary first received the application.
History: Section enacted in 1982; current through 2009 Legislative Session.
Same; collection and maintenance of historical materials; publication of journal and materials; public records; expenditures. K.S.A. § 75-2702
The State Historical Society has the duty to collect—by gift, exchange or purchase—books, maps, newspapers, pamphlets, periodicals, photographs, artifacts, relics, paintings, manuscripts and other papers and material illustrative of Kansas history in particular, and Western United States history in general. The society also must catalog its collections so members of the public can easily refer to them. Furthermore, the society must keep its collections arranged in suitable and convenient rooms that are open to the public at all reasonable hours on business days and on Saturday mornings. In addition, the society must use museums, publications, and other media to spread wider and fuller knowledge and appreciation of Kansas history. Specifically, the society must publish a historical journal, and other historical materials depending on what money is available from donations and membership dues.
Finally, the historical society must take all necessary actions to preserve its collections of print and written materials. The society must do this because it is in the best interest of the state of Kansas and its historical heritage to loan items in its collections to libraries, educational institutions and other organizations. One thing that the society must do to preserve its collections is to arrange for any unbound books, pamphlets, clippings, and newspapers to be bound in volumes. An appropriations act must be passed by the society before any money can be spent on any preservation activities.
History: Section enacted in 1879; current through 2009 Legislative Session.
State publications for exchange purposes. K.S.A. § 75-2703
The State Historical Society must receive 10 copies of any of the publications that are produced by other state agencies, with the exception of supreme court reports, statutes, and session laws. Instead, for those sources the society should receive one set of supreme court reports and 6 sets of statutes and session laws. The society receives these copies so that it use them to enlarge its collection of documents by exchanging them with other societies and institutions.
History: Section enacted in 1923; current through 2009 Legislative Session.
Historic preservation declared policy of state. K.S.A. § 75-2715
In the Historic Preservation Act (sections 75-2715 to 75-2725), the Kansas legislature declares that the historical, architectural, archeological and cultural heritage of Kansas is an important asset of the state and that its preservation and maintenance should be among the highest priorities of government. Therefore, it is Kansas state public policy to engage in a comprehensive program of historic preservation and to foster and promote the conservation and use of historic property for the education, inspiration, pleasure and enrichment of the citizens of Kansas.
History: Section enacted in 1977; current through 2009 Legislative Session.
Historic preservation; definitions. K.S.A. § 75-2716
This section provides the definitions for "Land used for agricultural purposes," "historic preservation," "historic property," "person," "project," and "state or any political subdivisions of the state ."
History: Section enacted in 1977; current through 2009 Legislative Session.
Historical society designated as state historic preservation agency; secretary to act as historic preservation officer. K.S.A. § 75-2717
The State Historical Society is designated as the State Historic Preservation Agency, and the secretary of the State Historical Society as the state historic preservation officer. The duties of the state historic preservation officer are to act as liaison with representatives from the federal government and other states on historic preservation issues.
History: Section enacted in 1977; current through 2009 Legislative Session.
Appointment by secretary of necessary staff. K.S.A. § 75-2718
The secretary of the State Historical Society is authorized to hire any professional or staff necessary to perform all duties that are required of the State Historic Preservation Agency.
History: Section enacted in 1977; current through 2009 Legislative Session.
State Historic Sites Board of Review; powers and duties. K.S.A. § 75-2720
The state Historic Sites Board of Review has the following duties: (1) to approve nominations to the state and national registers of historic places; (2) to review the state survey of historic properties created under the Historic Preservation Act; (3) to review the content of the state preservation plan developed under the Historic Preservation Act; (4) to approve the removal of properties from the state register of historic places; (5) to recommend the removal of properties from the national register of historic places; (6) to advise the State Historic Preservation Agency; (7) upon request, to advise the legislature concerning matters relating to historic properties and historic preservation; and (8) to elect a board chairman and vice-chairman and establish any necessary procedural rules.
Before the state Historic Sites Board of Review can approve adding a historic property that is located in the unincorporated area of a county to the state or national registries of historic places, the matter must be discussed at a board meeting. All property owners within 500 feet of the historic property must be notified of the time and place of the board meeting, either by mail or by publication. The publication notice must be published in a county newspaper at least once a week for two consecutive weeks. The last date of publication must be between 30 and 50 days before the date of the board meeting. Whenever the state Historic Sites Board of Review submits a notice to a newspaper for publication, the board must also submit a copy of the notice to the secretary of the Department of Wildlife and Parks.
History: Section enacted in 1977; current through 2009 Legislative Session.
Historical society; historic preservation powers and duties. K.S.A. § 75-2721
The State Historical Society has the following historic preservation powers and duties: (1) to conduct a statewide survey to identify and document historic properties, including properties owned by the state and private owners; (2) to prepare and maintain a state register of historic places, which includes all the properties already listed on the national register of historic places, and to adopt standards for maintaining historic properties on the state register that are consistent with federal standards; (3) to prepare the state's preservation plan, and revise it annually; (4) to acquire historic properties by gift, purchase, devise or bequest, then to preserve, restore and administer them as resources permit; (5) to establish standards and criteria for acquiring historic properties, and for the preservation, restoration, maintenance and operation of properties under the agency's jurisdiction; (6) to follow the necessary procedures to qualify the state for sources of federal aid for historic preservation purposes; (7) to provide information about historic properties to other entities including state agencies, federal, state and local governments, and, where appropriate, to private individuals and organizations; (8) to cooperate with federal, state and local government agencies in planning and conducting specific undertakings affecting historic properties and overall land-use planning; (9) to disburse federal and state funds to local governments and private agencies and individuals for historic preservation work, to establish standards of eligibility for receiving those funds, and to create maintenance agreements with local governments and private agencies for historic properties; (10) to participate in national and international conferences and programs concerning historic preservation; (11) subject to limitations of staff and resources, to provide technical and financial assistance to local historic preservation organizations and private parties involved in historic preservation activities; (12) to assist, where possible, in developing public interest in historic preservation by developing interpretive programs for historic properties and by managing the state's historical marker program; (13) to develop an ongoing program of historical, architectural and archeological research, which would include continuing surveys, excavation, scientific recording, interpretation and publication of the state's historical, architectural, archeological and cultural resources; and (14) to request that the attorney general take action authorized under subsection (d) of K.S.A. § 75-2724 against any person who fails to obtain a needed demolition or building permit.
History: Section enacted in 1977; current through 2009 Legislative Session.
Same; authority to enter into certain contracts; federal assistance; local governments, private parties. K.S.A. § 75-2722
The State Historical Society can enter into contracts with the federal government or federal agencies under which the society will receive grant money for preservation efforts. The historical society can agree to comply with any reasonable conditions in the agreements that do not interfere with state law. However, the historical society does not need to sign a contract in order to accept a federal grant if the contract is not required.
In addition, the historical society can enter into contracts with local governments, local government agencies, or private parties if the contract will help preservation efforts.
History: Section enacted in 1977; current through 2009 Legislative Session.
Same; official state agency to administer federal assistance under National Historic Preservation Act; powers as administrative agency; availability of funds for state's share required. K.S.A. § 75-2723
The State Historical Society is designated as the official state agency to accept and give out financial assistance that the federal government awards under the National Historic Preservation Act of 1966 ("NHPA").
The historical society is also designated as the state administrative agency to handle any federal benefits that are available under the NHPA. In this capacity, the historical society has the power to: (1) apply for any available federal assistance, which the state treasurer is authorized to receive; (2) disburse federal and state funds to eligible local governments and private agencies and individuals as directed by the Historic Sites Board of Review; (3) enter into contracts and agreements with individuals, organizations, and federal, state, or local governments; (4) keep financial and other records and to furnish federal and state officials with any of that information should they need it; (5) perform any other acts that may be necessary to comply with federal requirements for getting benefits under the NHPA. However, the historical society cannot commit to giving funds to a project until the society can determine how much money it has available, and how much the project will cost.
History: Section enacted in 1977; current through 2009 Legislative Session.
Government projects; existence of threat to historic property, procedure for determining; determination of whether to proceed, factors; judicial review; penalty, failure to follow procedures; delegation to cities, counties or state board of regents or institutions. K.S.A. § 75-2724
This section prohibits the state government or state agencies from beginning a construction project that might encroach upon, damage, or destroy any historic property before giving notice to the state historic preservation officer ("SHPO," as defined by K.S.A. § 75-2717). This means that the society must be notified if the proposed project is to be built within 500 feet of a historic property located within an incorporated city, or within 1,000 feet of a historic property located within the unincorporated territory of a county. However, the SHPO can decide to investigate and comment on proposed projects even without receiving notice from a state government or agency.
After receiving the notice, the SHPO is allowed to conduct his or her own investigation into the proposed project and to draft comments about the potential impact on the affected historic property. If the SHPO fails to start an investigation within 30 days after receiving notice of a proposed construction, the project can go forward as if he or she approved of the construction. As part of the investigation process, the SHPO can solicit recommendations from the Historic Sites Board of Review as to any aspect of the proposed project, and can also hold a public hearing. If the SHPO wants to hold a public hearing, it must be held within 60 days from the date that he or she received notice about the proposed project.
The SHPO then submits his or her findings to the governor, or a relevant governing body depending on what agency is sponsoring the proposed project. If the state historic preservation officer determined that a proposed project will encroach upon, damage, or destroy a historic property, the governor or governing body has the responsibility to examine the SHPO's findings and to decide whether the proposed project should go forward. To allow such a project to go forward, the governor or governing body must consider all factors and conclude that: (1) there is no feasible alternative to the proposed construction; and (2) the plan makes as much effort as possible to minimize harm to the historic property that could result from construction. Then, the governor or governing body must notify the SHPO of its conclusion by certified mail, and the SHPO needs to be given a five day grace period before construction can begin.
Any private individual who is harmed by a governor's or other governing body's decision to go forward with construction around a historic property can seek judicial review of that decision. However, the procedure for judicial review is different depending on whether the decision was made by the governor or some other governing body. If the decision was made by the governor, a challenger can pursue judicial review according to the act for civil enforcement of agency actions (K.S.A. §§ 77-601 et seq.). If the decision was made by a governing body of a political subdivision, one can pursue judicial review according to K.S.A. § 60-2101.
In addition, the SHPO can choose to delegate any of his or her duties described above to a city or county if the officer is confident that the city or county: has enacted a comprehensive local historic preservation ordinance; has established a local historic preservation board or commission; and is actively engaged in a local historic preservation program. The SHPO delegates his or her power through a written agreement with the city or county which includes: the specific authority that the SHPO is delegating; the manner in which the city or county needs to report back to the SHPO; the conditions under which the city or county can request the SHPO's assistance for reviewing certain projects; the length of time that the agreement is supposed to last; and the provisions for terminating the agreement. An agreement must also state that the SHPO retains final authority for any investigations or decisions that a city or county might make. Moreover, the SHPO cannot enter into an agreement that limits his or her ability to investigate or comment on projects. Furthermore, the SHPO can enter into similar agreements to delegate duties to the state Board of Regents or any state educational institution under the board's control.
Any person or entity that fails to apply for and obtain a necessary building or demolition permit, and goes on to begin a project that encroaches on, damages, or destroys a historic property, is subject to a civil penalty of up to $25,000 for each violation. The state attorney general is responsible for seeking these penalties by filing suit in district court.
History: Section enacted in 1977; current through 2009 Legislative Session.
Action to enforce act or protect historic property. K.S.A. § 75-2725
The State Historical Society has the authority to sue in district court to enforce the Kansas Historic Preservation Act, and to protect historic property from unauthorized demolition, alteration, or transfer.
History: Section enacted in 1977; current through 2009 Legislative Session.
Historic property designation; effect on agricultural land. K.S.A. § 75-2725a
The Kansas Historic Preservation Act is not meant to prohibit the land around a proposed or established historic property from being used for agricultural purposes. This means that an owner of agricultural land can construct, erect, or remodel an agriculturally related building on his or her land, like a barn or silo. Moreover, an owner of agricultural land is allowed to change or modify his or her land's agricultural use, like by deciding to grow different crops.
History: Section enacted in 2004; current through 2009 Legislative Session.
Insurance for loss or damage to historical collections or personal property; receipts credited to insurance collection replacement/reimbursement fund. K.S.A. § 75-2728
The State Historical Society can purchase insurance against the loss or damage of any of its collections or personal property holdings, subject to approval by the Committee on Surety Bonds and Insurance. Any insurance payouts that the society receives must be given to the state treasurer, who in turn will deposit them in the insurance collection replacement/reimbursement fund. To spend money from the fund, the society must pass an appropriation act which is based on a warrant from the director of accounts and a report approved by the society's secretary.
History: Section enacted in 1983; current through 2009 Legislative Session.
Heritage trust fund; historic preservation project grants; conditions and requirements, award; amounts transferred from state general fund. K.S.A. § 75-2729
This section establishes a heritage trust fund in the state treasury, which will be used to award grants for historic preservation projects, to run the heritage trust fund program, and to establish a revolving loan fund . To spend money from the trust fund, the historical society must pass an appropriation act that is based on a warrant from the director of accounts and a report from the society's secretary.
To be eligible for a grant, a property must be listed on either the national or the state register of historic places, and cannot be owned by the federal or state government. At least 50% of the amount that gets awarded as grants each year must go to preserve eligible properties owned by county and local governments, county and local historical societies, and private nonprofit corporations.
Furthermore, the historical society can award money from the trust fund on a matching basis. The historical society can develop different matching requirements for different award applicants, but matching contributions from for-profit corporations must be dollar-for-dollar. Moreover, for-profit corporations can only get grant assistance from the trust fund if a historic property's existence is threatened or if it would be economically unfeasible to rehabilitate the property without a grant.
When evaluating a grant application for a historic preservation project, the historical society considers the following factors: the property's historical significance; the property's condition; the urgency of the proposed preservation project; whether or not the property is endangered; the type of work proposed; a geographical distribution of assisted properties; the applicant's administrative ability; the potential benefit to the community and the state; community support for the project; whether the project is ineligible for other funds; and whether the property owner has demonstrated financial need of the grant.
This section also establishes guidelines about when the historical society can recapture grant money that it awards. If a property owner holds onto a rehabilitated building for more than 5 years after the grant project gets completed, then the society cannot recapture any money. However, the historical society can inspect the building at any time during the five-year period and can revoke its grant award if the rehabilitation work actually done differs from what was described in the application. If a property owner, or the owner's heir, disposes of a rehabilitated building less than a year after a grant project is completed, then the society can recapture all of the grant money that it awarded. Finally, if the property owner disposes of the property between one and five years after the grant project is completed, then the amount of grant money that the society can recapture decreases by 20% for each year.
History: Section enacted in 1990; current through 2009 Legislative Session.
Competitive grant program for partnership historic sites; eligibility; use of moneys; selection process; reports; rules and regulations; partnership historic sites grant fund. K.S.A. § 75-2732
The State Historical Society is authorized to develop a program to award competitive grants to partnership historic sites. These grants can be used to develop a historic preservation plan that meets the Secretary of the Interior's standards, to cover basic operation costs, or both. To be eligible to receive one of these grants, a partnership historical site must: be listed on the national register of historic places or the Kansas register of historic places; be owned or operated by a public entity or other organization which is tax-exempt under section 501(c)(3) of the Federal Internal Revenue Code of 1986; develop and submit a business plan to be reviewed by the partnership historic site committee; not receive any state funding for operations; be open to the public or have the potential to be open to the public for a minimum 500 hours a year; and be owned and operated for the purpose of educating the public about a specific aspect of Kansas and United States history. Furthermore, the site must be able to provide a 50% match of funds which are not state or federal money. Finally, the site must obey by all federal, state and local laws.
Once a partnership historic site receives a grant, at the end of the grant period the site must submit to the historical society a report that describes the site's operations and how the grant money was used.
This section also creates a partnership historic site committee, which helps the executive director of the historical society develop a procedure for grant applications and makes recommendations to the historical society about submitted applications. The committee is composed of 7 members: one is appointed by the President of the Senate; one is to be appointed by the Minority Leader of the Senate; one is appointed by the Speaker of the House of Representatives; one is appointed by the Minority Leader of the House of Representatives; two members are appointed by the governor; and one is appointed by the chairperson of the Historic Sites Board of Review. This last member, who is appointed by the chair of the board of review, serves as the chairman for the partnership historic site committee. Each member of the committee serves a two year term, and is eligible for reappointment.
In addition, this section establishes a partnership historic sites grant fund within the state treasury. All money that is used for grants must be deposited in this fund. In addition, no more than 12% of the money that gets deposited in the fund can be used for the fund's administrative expenses. To spend money from the trust fund, the historical society must pass an appropriation act consisting of authorization from the director of accounts and a report from the society's secretary. Moreover, on or before the 10th of each month, the director of accounts and reports must transfer any interest that is earned from the state general fund to the heritage trust fund. This amount is determined by looking at the previous month's average daily balance of money in the heritage trust fund, and the net earnings rate for the pooled money investment portfolio.
History: Section enacted in 2007; current through 2009 Legislative Session.
Kansas Unmarked Burial Sites Preservation Act. § 75-2741
Sections 75-2741 through 75-2754 contain the provisions of the Kansas Unmarked Burial Sites Preservation Act.
History: Section enacted in 1989; current through 2009 Legislative Session.
Definitions. K.S.A. § 75-2743
This section provides definitions for the terms "evaluation," "human skeletal remains," "society action," and "unmarked burial site ."
History: Section enacted in 1989; current through 2009 Legislative Session.
Unmarked Burial Sites Preservation Board; powers and duties. K.S.A. § 75-2745
The board has the following duties: to establish and maintain a registry of unmarked burial sites located within Kansas (K.S.A. § 75-2746); to consult with all interested parties on occasions when unmarked burial sites are disturbed or threatened, and to determine a proper course of action; to initiate necessary action through the attorney general to enforce the Act; to issue permits for the excavation, study, display and reinterment or disposition of human skeletal remains and other goods from unmarked burial sites (K.S.A. § 75-2747); and to adopt any rules and regulations as necessary to administer and enforce the Act.
History: Section enacted in 1989; current through 2009 Legislative Session.
Registry. K.S.A. § 75-2746
The Unmarked Burial Sites Preservation Board must create a registry of all unmarked burial sites that are discovered in Kansas. For each site that is entered in the register, the board must try to identify the cultural and personal identity of each deceased person who is buried there. Then, the board must notify the owner of the land where the burial site is located. This registry must be kept confidential, and will not be open to the public except in a few circumstances.
History: Section enacted in 1989; current through 2009 Legislative Session.
Permits. K.S.A. § 75-2747
As mentioned in K.S.A. § 75-2745, the Unmarked Burial Sites Preservation Board has the authority to establish a system of permits for excavating, studying, displaying, and reinterring human skeletal remains or other objects from unmarked burial sites found on public or private land. Any person or organization that receives a permit must agree to incur all costs associated with excavation and reinterment. Finally, the board has the right to deny, suspend, or revoke a permit upon finding that an applicant has violated any of the board's procedures, and the board can charge an application fee of up to $50.
A permit to excavate an unmarked burial site can only be issued for scientific, educational, or medical purposes. Moreover, if the human skeletal remains to be excavated are reasonably identified with direct kin or descent groups like Native American tribes, the board must consult with them before issuing the excavation permit. The permit must also give a specific date for when the remains or funerary items must be reinterred.
A permit to study human skeletal remains and other goods from an unmarked burial site can only be issued to a bona fide research, medical, or institution for research, medical, or educational purposes. A study permit will initially be valid for one year, but then can be extended for additional six month periods if necessary. In addition, the permit will state a date by which the remains and objects need to be reinterred or disposed by other means.
A permit to display human skeletal remains or goods from an unmarked burial site can only be issued to a bona fide research, medical or educational institution for research, medical or educational purposes.
History: Section enacted in 1989; current through 2009 Legislative Session.
Inspection warrant by Unmarked Burial Sites Preservation Board. K.S.A. § 75-2750
The chairperson of the Unmarked Burial Sites Preservation Board, or a person designated by the chairperson, may apply to a judge of a county district court for an inspection warrant to inspect premises to determine compliance with the Unmarked Burial Sites Preservation Act or with the terms of a permit issued under the Act. The application must be a sworn written statement, signed by the applicant, that includes: a description of the premises to be inspected; the reasons for the inspection; and a statement that the property owner already refused entry to the applicant to inspect the premises.
The judge shall issue the warrant only if the judge is convinced from the application that there is probable cause to believe: that the inspection is required to enforce this Act; that the inspection is within the lawful limits of the applicant's power to inspect; and that the applicant is authorized to conduct the inspection. The warrant will direct the applicant to inspect the premises described in the application. In addition, the applicant can request to be accompanied by a local law enforcement officer during the inspection.
History: Section enacted in 1989; current through 2009 Legislative Session.
Duties of attorney general under Kansas Unmarked Burial Sites Preservation Act. K.S.A. § 75-2751
The Unmarked Burial Sites Preservation Board can request that the state attorney general provide assistance to investigate, inspect, or bring lawsuits against anyone suspected of violating the Act. The attorney general must report back to the board within 30 days after receiving such a request.
History: Section enacted in 1989; current through 2009 Legislative Session.
Cemetery for reburial of remains. K.S.A. § 75-2753
Under the Kansas Unmarked Burial Sites Preservation Act, the secretary of the State Historical Society is authorized to establish, with the board's approval, a cemetery on existing state lands for the reinterment of human skeletal remains and funerary objects which were exhumed from unmarked burial sites. This cemetery is not to be kept open to the public.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
How does the state historical commission register or include historical property?
State Historic Sites Board of Review; powers and duties. K.S.A. § 75-2720
The State Historic Sites Board of Review has the following duties: (1) to approve nominations to the state and national registers of historic places; (2) to review the state survey of historic properties created under the Historic Preservation Act; (3) to review the content of the state preservation plan developed under the Historic Preservation Act; (4) to approve the removal of properties from the state register of historic places; and (5) to recommend the removal of properties from the national register of historic places.
Before the state Historic Sites Board of Review can approve a historic property that is located in the unincorporated area of a county to be included on the state or national registries of historic places, the matter must be discussed at a board meeting. All property owners within 500 feet of the historic property must be notified of the time and place of the board meeting, either by mail or by publication. Publication notice must be published at least once a week for two consecutive weeks in a county newspaper. The last date of publication must be between 30 and 50 days before the date of the board meeting. Whenever the state Historic Sites Board of Review submits a notice to a newspaper for publication, the board must also submit a copy of the notice to the secretary of the Department of Wildlife and Parks.
History: Section enacted in 1977; current through 2009 Legislative Session.
Historical society; historic preservation powers and duties. K.S.A. § 75-2721
Two of the State Historical Society's historic preservation duties are: (1) to conduct a statewide survey to identify and document historic properties, including properties owned by the state and private owners; and (2) to prepare and maintain a state register of historic places, which includes all the properties already listed on the national register of historic places.
History: Section enacted in 1977; current through 2009 Legislative Session.
Unmarked burial sites registry. K.S.A. § 75-2746
The Unmarked Burial Sites Preservation Board must create a registry of all unmarked burial sites that are discovered in Kansas. For each site that is entered in the register, the board must try to identify the cultural and personal identity of each deceased person who is buried there. Then, the board must notify the owner of the land where the burial site is located. This registry must be kept confidential, and will not be open to the public except in a few circumstances.
History: Section enacted in 1989; current through 2009 Legislative Session.
What are the powers and duties of the state archaeological commission?
Definition of "antiquities." K.S.A. § 74-5401
In sections 74-5402 to 74-5408, the term "antiquities" means historic or prehistoric ruins and other archeological sites, including evidence of human activity like constructions or inscriptions. However, the term does not include any unmarked burial sites, since those sites are covered under the Kansas Unmarked Burial Sites Preservation Act.
History: Section enacted in 1967; current through 2009 Legislative Session.
Certain acts prohibited without authorization. K.S.A. § 74-5403
In most cases, a person or institution needs a permit from the commission (K.S.A. § 74-5404) to excavate or remove material from lands owned by the state, a state agency, or a county or municipality, or lands where a qualified state agency is conducting scientific archaeological research. However, if the commission decides that a survey, excavation, or construction at an archaeological site is necessary to prevent an immediate threat to a person's life or health, then the commission can authorize the project without giving out a permit.
History: Section enacted in 1967; current through 2009 Legislative Session.
Permits from antiquities commission. K.S.A. § 74-5404
This section authorizes the secretary of the antiquities commission to give out permits for excavating or removing material from an antiquities site. These permits can only be granted to educational or research institutions, public museums, or nonprofit corporations organized for scientific or research purposes. However, K.S.A. § 74-5405 lists entities that do not need a permit. The secretary should only grant permits to these sorts of institutions if the institutions can demonstrate that they have the professional staff and laboratory, storage, or museum facilities to display any findings to the public and to permanently preserve any objects, photographs, or records from the excavations. To get a permit, the institution must submit a formal written request that includes the following details: the purposes of the proposed excavation; the location where it is to be conducted; the sponsoring state agency; and the professional personnel to be in charge.
History: Section enacted in 1967; current through 2009 Legislative Session.
Agencies authorized ipso facto to conduct scientific investigations. K.S.A. § 74-5405
This section gives certain entities the right to conduct archaeological field excavations without applying for a permit. This includes: (1) state government agencies that have members on the antiquities commission; and (2) other official state agencies that have an archeological research staff and which have facilities for laboratory and storage and for publications of scientific reports.
History: Section enacted in 1967; current through 2009 Legislative Session.
-
How is the rehabilitation and preservation of historic property conducted?
Historical society; historic preservation powers and duties. K.S.A. § 75-2721
The State Historical Society has these specific duties with respect to the rehabilitation and preservation of historic property: to acquire historic properties by gift, purchase, devise or bequest, then to preserve, restore and administer them as resources permit; to cooperate with federal, state and local government agencies in planning and conducting specific undertakings affecting historic properties and overall land-use planning; to disburse federal and state funds to local governments and private agencies and individuals for historic preservation work, to establish standards of eligibility for receiving those funds, and to create maintenance agreements with local governments and private agencies for historic properties; and subject to limitations of staff and resources, to provide technical and financial assistance to local historic preservation organizations and private parties involved in historic preservation activities.
History: Section enacted in 1977; current through 2009 Legislative Session.
-
What specific historic or cultural properties are regulated by the state's historical commission?
Boyhood home of Colonel William F. Cody
K.S.A. § 76-2032 declares that the boyhood home of Colonel William F. Cody, better known as "Buffalo Bill," possesses "unusual public interest," and thus should be set aside as a state historic site. The home is located in Salt Creek Valley, Kickapoo township, in Leavenworth County.
History: Section enacted in 1968; current through 2009 Legislative Session.
K.S.A. § 76-2033 authorizes the State Historical Society to accept the Cody home, in addition to up to 12 acres of property, from the Buffalo Bill State Park Committee. The land is to be accepted for the purposes of establishing a memorial to Buffalo Bill. The transaction can be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple . Once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the landmark.
History: Section enacted in 1968; current through 2009 Legislative Session.
Charles Curtis Home, Topeka
K.S.A. § 76-2049 declares that the land in the city of Topeka, Shawnee County that contains the Charles Curtis home possesses "unusual historical interest" that merits the establishment of a state historic site.
History: Section enacted in 1986; current through 2009 Legislative Session.
K.S.A. § 76-2050 authorizes the State Historical Society to acquire the land in Topeka, Shawnee County that contains the Charles Curtis home by purchase, transfer, or by eminent domain. First, the society secretary must request the attorney general to appoint 3 neutral appraisers to determine the property's market value. Once the property's value is determined, the society can offer to pay the landowner up to the property's market value. The transaction can be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple . The society can also offer to exchange the property with the Curtis home for another of the society's properties of equal value. If the society is unable to reach an agreement to purchase the land for less than market value, the society can request the attorney general to initiate a condemnation proceeding to acquire the land in fee simple through eminent domain.
History: Section enacted in 1986; current through 2009 Legislative Session.
Under K.S.A. § 76-2051, once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the site.
History: Section enacted in 1986; current through 2009 Legislative Session.
Constitution Hall State Historic Site, Lecompton
K.S.A. § 76-2052 declares that the site that contains Constitution Hall in the city of Lecompton, Douglas County, possesses "unusual historic interest" and thus should be set aside as a state historic site. Lecompton constitutional hall was the meeting place of the Kansas territorial legislature between 1856 and 1857, was the building in which the Lecompton constitution was written and voted on, and was designated a national landmark by the United States Department of the Interior.
History: Section enacted in 1986; current through 2009 Legislative Session.
K.S.A. § 76-2053 authorizes the State Historical Society to acquire the land with Constitution Hall by purchase, or by gift, grant, or donation. If the society decides to purchase the land, first the secretary must request the attorney general to appoint 3 neutral appraisers to determine the property's market value. Once the property's value is determined, the society can offer to pay the landowner up to the property's market value. Once the society reaches an agreement to acquire the land, whether by purchase or by gift, grant or donation, the transaction can be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple .
History: Section enacted in 1986; current through 2009 Legislative Session.
Under K.S.A. § 76-2054, once the historical society acquires the deed to the property, it is authorized to establish a historical landmark and museum known as "Historic Lecompton Constitutional Hall," and to make any rules and regulations necessary to operate and maintain the site.
History: Section enacted in 1986; current through 2009 Legislative Session.
Fort Hays State Historic Site, Hays
K.S.A. § 76-2006 authorizes the State Board of Regents to set aside as a park the land on the Fort Hays military reservation that contains the fort buildings, plus any adjacent land that has historic value or is suitable for park uses. However, whatever land is set aside cannot interfere with the operation of any of the reservation's schools.
History: Section enacted in 1931; current through 2009 Legislative Session.
K.S.A. § 76-2007 officially designates the land set aside containing Fort Hay as the Kansas Frontier Historical Park on the Fort Hays Military Reservation, and puts the park under the historical society's secretary's supervision and control. The secretary can make any regulations necessary to operate and maintain the park, subject to approval by the State Board of Regents.
History: Section enacted in 1931; current through 2009 Legislative Session.
Goodnow House State Historic Site, Manhattan
K.S.A. § 76-2034 declares the home of Isaac T. Goodnow in the city of Manhattan, Riley County, to possess "unusual public interest" that merits the establishment of a state historic site. Goodnow is known as the father of the Kansas common-school system, cofounder of the first land grant university, and leader of a Kansas Free State colony.
History: Section enacted in 1969; current through 2009 Legislative Session.
K.S.A. § 76-2035 authorizes the State Historical Society to accept the Goodnow home, in addition to up to 2 acres of property. The land is to be accepted for the purposes of establishing a historic landmark and memorial to Goodnow. The transaction can be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple . Once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the landmark.
History: Section enacted in 1969; current through 2009 Legislative Session.
Grinter Place State Historic Site, Kansas City
K.S.A. § 76-2030 declares that Historic Grinter Place, the residence of Moses Grinter, possesses "unusual public interest" and thus should be set aside as a state historic site. Grinter was the first permanent white settler in Wyandotte County.
History: Section enacted in 1968; current through 2009 Legislative Session.
K.S.A. § 76-2031 authorizes the State Historical Society to acquire, by gift, grant, or designation, the Grinter residence and enough surrounding land to establish a historic landmark and museum known as "Historic Grinter Place." The transaction can be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple . Once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the landmark.
History: Section enacted in 1968; current through 2009 Legislative Session.
Hollenberg Pony Express Station State Historic Site, Hanover
K.S.A. § 76-2017 gives the Washington County Oregon Trail Association the right to exercise eminent domain to acquire the land and buildings of the historic pony express station near Hanover in Washington County.
History: Section enacted in 1941; current through 2009 Legislative Session.
K.S.A. § 76-2017a gives the State Historical Society custody and management responsibilities for the historic pony express station, which means the society has the authority to pass any rules and regulations required for the site's operation and preservation.
History: Section enacted in 1963; current through 2009 Legislative Session.
Iowa and Sac & Fox Mission State Historic Site, Highland
K.S.A. § 76-2014 declares that the Highland Presbyterian Mission building, and the 15 acre site in Doniphan County that it sits on, possess "unusual historical interest" and thus should be set aside as a state historic site.
History: Section enacted in 1941; current through 2009 Legislative Session.
K.S.A. § 76-2015 abolishes the Highland Presbyterian Mission's board of trustees and gives all of the board's powers to the secretary of the historical society.
History: Section enacted in 1941; current through 2009 Legislative Session.
K.S.A. § 76-2016 adds that the historical society's secretary must act as the mission's caretaker and manager.
History: Section enacted in 1941; current through 2009 Legislative Session.
John Brown Museum State Historic Site, Osawatomie
In K.S.A. § 76-2001 the state officially accepts the historic Osawatomie battle grounds from the Women's Relief Corps to be used as a memorial park named the John Brown Memorial Park.
History: Section enacted in 1911; current through 2009 Legislative Session.
K.S.A. § 76-2002a allows the state to lease to the city of Osawatomie the 22 acres in Miami County that comprise the John Brown Memorial Park. The lease will be for a period of 99 years. However, the lease cannot include the land that contains the John Brown museum and the caretaker's cottage.
History: Section enacted in 1965; current through 2009 Legislative Session.
K.S.A. § 76-2002d names the State Historical Society as responsible for operating and maintaining the John Brown museum. Moreover, the society's secretary is authorized to appoint the museum's caretaker.
History: Section enacted in 1965; current through 2009 Legislative Session.
Kansas Museum of History, Topeka
K.S.A. § 76-2036 authorizes the State Historical Society to acquire land in Topeka, Shawnee County, to use for a museum of state history. The society can acquire the land by purchase, by lease-purchase agreement, or by eminent domain.
History: Section enacted in 1973; current through 2009 Legislative Session.
K.S.A. § 76-2037 establishes the procedure for how the historical society can acquire the property in Topeka. First, the society secretary must request the attorney general to appoint 3 neutral appraisers to determine the property's market value. Once the property's value is determined, the society can offer to pay the landowner up to $190,000 for the property. If the landowner agrees to sell, the amount can be paid following the requirements under § 76-2038. If the society is unable to reach an agreement to purchase the land for less than $190,000, the society can request the attorney general to initiate a condemnation proceeding to acquire the land in fee simple through eminent domain.
History: Section enacted in 1973; current through 2009 Legislative Session.
Under K.S.A. § 76-2039, once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the site.
History: Section enacted in 1973; current through 2009 Legislative Session.
Kaw Mission State Historic Site, Council Grove
K.S.A. § 76-2023 authorizes the state to purchase the site of the Old Indian Mission in Council Grove, Morris County, for up to $23,500. If a deal is reached with the landowner for that sum, the transaction will be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple .
History: Section enacted in 1951; current through 2009 Legislative Session.
K.S.A. § 76-2024 requires that once the state takes over the mission property, the governor must designate the State Historical Society as the site's custodian, and the society's secretary to do whatever is necessary to operate, maintain, and preserve the site.
History: Section enacted in 1951; current through 2009 Legislative Session.
Marais des Cygnes Massacre State Historic Site, near Trading Post
K.S.A. § 76-2021 authorizes the governor to accept the site of the Marais des Cygnes Massacre in the name of the state of Kansas once the attorney general examines the deed to ensure that the land is being transferred in fee simple .
History: Section enacted in 1941; current through 2009 Legislative Session.
K.S.A. § 76-2022 designates the massacre site as the Marais des Cygnes Massacre Memorial Park, abolishes the site's advisory board of trustees, and gives all of the board's powers to the secretary of the historical society.
History: Section enacted in 1941; current through 2009 Legislative Session.
Mine Creek Battlefield State Historic Site, near Pleasanton
K.S.A. § 76-2040 authorizes the State Historical Society to acquire the necessary land in Linn County to establish the Mine Creek Historical Park. The society can acquire the land by purchase or by eminent domain.
History: Section enacted in 1974; current through 2009 Legislative Session.
K.S.A. § 76-2041 establishes the procedure for how the historical society can acquire the property in Linn County. First, the society secretary must request the attorney general to appoint 3 neutral appraisers to determine the property's market value. Once the property's value is determined, the society can offer to pay the landowner up to $50,000 for the property. If the landowner agrees to sell, the amount can be paid following the requirements under K.S.A. § 76-2042. If the society is unable to reach an agreement to purchase the land for less than $50,000, the society can request the attorney general to initiate a condemnation proceeding to acquire the land in fee simple through eminent domain.
History: Section enacted in 1974; current through 2009 Legislative Session.
Under K.S.A. § 76-2043, once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the site.
History: Section enacted in 1974; current through 2009 Legislative Session.
Pawnee Indian Museum State Historic Site, Republic
In K.S.A. § 75-2711 the state officially accepts the donation of the Pike's Pawnee Indian village site in Republic County, and puts the State Historical Society in control of the site.
History: Section enacted in 1901; current through 2009 Legislative Session.
Pawnee Rock State Historic Site, Pawnee Rock
K.S.A. § 76-2005a designates the land that contains Pawnee Rock in the town of Pawnee Rock as the "Pawnee Rock Historical State Park." The historical society is responsible for operating the park, and has the authority to make any rules and regulations that are necessary to maintain and preserve it.
History: Section enacted in 1963; current through 2009 Legislative Session.
K.S.A. § 76-2005b abolishes the Pawnee Rock board of trustees and gives all of the board's powers to the secretary of the historical society.
History: Section enacted in 1974; current through 2009 Legislative Session.
K.S.A. § 76-2055 authorizes the State Historical Society to negotiate with representatives from the National Park Service to cede the Pawnee Rock State Historic Site to the federal government to be included as a satellite of the Fort Larned National Historic Site.
History: Section enacted in 1988; current through 2009 Legislative Session.
Shawnee Indian Mission State Historic Site, Fairway
K.S.A. § 76-2008 declares that the tract of land that contains the Old Shawnee Mission in Johnson County possesses "unusual historical interest," and thus should be set aside as a state historic site.
History: Section enacted in 1927; current through 2009 Legislative Session.
K.S.A. § 76-2009 describes the history of the Old Shawnee Mission site. The mission was first established by the Methodist church in 1829, when it became the farthest permanent outpost of western immigration. In 1855, the Mission served as the governor's residence and as the meeting place for the legislature. During the Civil War, the Mission served as a barracks for Union troops. Later, the Mission became the first point in Kansas on the Old Santa Fe trail for settlers moving west.
History: Section enacted in 1927; current through 2009 Legislative Session.
K.S.A. § 76-2011 names the State Historical Society as the custodian for the Old Shawnee Mission site.
History: Section enacted in 1927; current through 2009 Legislative Session.
K.S.A. § 76-2012 gives the State Historical Society the authority to operate and manage the site, including making arrangements with groups and individuals to use the site in appropriate ways.
History: Section enacted in 1927; current through 2009 Legislative Session.
William Allen White House State Historic Site, Emporia
K.S.A. § 76-2057 authorizes the State Historical Society to accept the property containing the William Allen White House in Emporia. The land is to be accepted for the purposes of establishing a historic landmark and memorial to the great author, newspaper editor and a social and political force that shaped the state and the nation during the first half of the twentieth century. The transaction can be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple . Moreover, once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the site. The society's management responsibility includes the authority to decide how to spend available federal or state money to restore the house and prepare it to be opened to the public.
History: Section enacted in 2001; current through 2009 Legislative Session.
Lands in Gove County, Ottawa County, and Barber County
K.S.A. § 76-2018 declares that four properties possess "unusual historical interest": (1) an area of up to 75 acres in Gove County which includes the site commonly known as "Monument Rocks and Sphynx"; (2) an area of up to 260 acres in Gove County that is known as "Castle Rock"; (3) an area up to 30 acres in Ottawa County that is commonly known as "Rock City"; and (4) an area of up to 30 acres in Barber County that contains the formation commonly known as the "natural bridge." For all four of these tracts, the historical society is responsible for working with the landowners to determine the exact boundaries.
History: Section enacted in 1941; current through 2009 Legislative Session.
K.S.A. § 76-2019 authorizes the State Historical Society to first try to acquire these four tracts by donation, devise, or bequest, for the purpose of establishing state parks on them.
History: Section enacted in 1941; current through 2009 Legislative Session.
K.S.A. § 76-2020 allows the attorney general to file a condemnation proceeding for any of those four tracts should the historical society not be able to acquire title to them by donation, devise, or bequest.
History: Section enacted in 1941; current through 2009 Legislative Session.
Lands visited by Spanish explorers in 16th century
K.S.A. § 76-2046 declares that an 80-acre tract of land in Rice County possesses "unusual historical interest" because it is the site of one of the principal towns and an important ceremonial center of the Quiviran (Wichita) Indians who were visited by the earliest Spanish exploring expeditions in the mid-16th century.
History: Section enacted in 1979; current through 2009 Legislative Session.
K.S.A. § 76-2047 establishes the procedure for how the historical society can acquire the property in Rice County. First, the society secretary must request the attorney general to appoint 3 neutral appraisers to determine the property's market value. Once the property's value is determined, the society can offer to pay the landowner up to the market value for the property. The transaction can be finalized once the attorney general gets a chance to examine the deed to ensure that the property is being transferred to the state in fee simple .
History: Section enacted in 1979; current through 2009 Legislative Session.
Under K.S.A. § 76-2048, once the historical society acquires the deed to the property, it is authorized to make any rules and regulations necessary to operate and maintain the site.
History: Section enacted in 1979; current through 2009 Legislative Session.
-
-
-
Special Funding Sources
-
Special Funding for Protection and Preservation of Burials
-
How is the income from cemetery land to be used and dispersed in this state?
NOTE: Kansas has different statutes to regulate how income can be generated and used by cemeteries controlled by cities or townships, cemeteries controlled by cemetery corporations, and cemetery districts controlled by cemetery associations. For statutes that govern cemeteries controlled by cities or townships, see sections 12-1402 to 12-1438. For statutes that govern cemeteries controlled by cemetery corporations, see sections 17-1311, 17-1328, and 17-1375. For statutes that govern cemetery districts controlled by cemetery associations, see sections 17-1330 to 17-1367.
-
City and Township Cemeteries
Cemeteries in cities; care and control; moneys. K.S.A. § 12-1402
All income that a city cemetery raises through the sale of burial lots can only be used for cemetery maintenance costs.
History: Section enacted in 1913; current through 2009 Legislative Session.
Same; township tax levy for site; limitation. K.S.A. § 12-1403
Township or city trustees can create a tax on all "tangible property" (both land and personal property) within their jurisdiction in order to create a fund from which the township or city can pay private landowners whose lands are condemned through eminent domain to create a city or township cemetery.
History: Section enacted in 1913; current through 2009 Legislative Session.
Cemeteries in cities; tax levy. K.S.A. § 12-1405
All cities that own municipal cemeteries can collect an annual property tax to pay for either maintaining the cemeteries or to pay the interest on bonds. All townships that own municipal or township cemeteries can also collect an annual property tax to pay for maintaining those cemeteries.
History: Section enacted in 1913; current through 2009 Legislative Session.
Same; purchase of adjoining land; tax levy, use of proceeds. K.S.A. § 12-1407
A city's governing body is authorized to purchase land located adjacent to any land purchased under K.S.A. § 12-1406, and to collect a tax to either pay for that land or to pay for the interest on bonds.
Improvements connecting cemetery located outside city. K.S.A. § 12-1412
If a city owns a cemetery located beyond the city's corporate limits, then the city's governing body has the power to use money from the city's general improvement fund to pave, grade, curb, gutter, gravel, or repair any street, alley, avenue or road running from the city's boundary line to cemetery's entrance.
History: Section enacted in 1921; current through 2009 Legislative Session.
Same; bonds. K.S.A. § 12-1413
If a city's governing body decides to improve a road as in K.S.A. § 12-1412, and a special tax is going to be collected for the project, then the governing body can pay for the entire cost of the project by issuing improvement bonds .
History: Section enacted in 1923; current through 2009 Legislative Session.
Same; tax levies. K.S.A. § 12-1414
If a city's governing body decides to improve a road as in K.S.A. § 12-1412, the project must be paid for in installments of equal amounts in each year. The governing body can collect a special tax each year to pay those installments, plus any additional interest.
History: Section enacted in 1923; current through 2009 Legislative Session.
Same; bond election, when. K.S.A. § 12-1415
If a road improvement project is going to cost more than $5,000, then a city's governing body cannot issue bonds to pay for the project until getting approval from a bond election. The governing body must create a proposal that describes the specific street to be improved, and the amount of bonds that will be issued. This proposal gets presented to the public at a regular or special election. If a majority of the voters approve the proposal, then the governing body can issue the bonds.
History: Section enacted in 1923; current through 2009 Legislative Session.
Authority to accept trust funds. K.S.A. § 12-1437
Cities that own cemeteries can accept funds from individuals for the upkeep of burial lots.
History: Section enacted in 1937; current through 2009 Legislative Session.
Same; investment and use of income. K.S.A. § 12-1438
A city must place any money that an individual donates for the maintenance of burial lots in a special trust fund. The fund must then be invested as the donor directs. If the donor did not specify how his or her money should be invested, then the city must follow K.S.A. § 12-1675.
History: Section enacted in 1937; current through 2009 Legislative Session.
-
Cemetery Corporations
Cemetery corporations for cemeteries in or near cities; permanent maintenance fund; requirements; use. K.S.A. § 17-1311
Cemetery corporations are required to keep a permanent maintenance fund. The corporation can only use the income from the fund for maintenance and upkeep of the cemetery, and the principal of the fund only for investment. The kinds of work that are considered maintenance are activities like mowing, road repair, and landscaping; not administrative costs, expenses from audits, or any maintenance costs for areas of the cemetery that are not used for burials.
The corporation can never use the fund's income or principal can be used for a loan to any person, including any stockholder, officer, or employee of the corporation.
History: Section enacted in 1901; current through 2009 Legislative Session.
Sale of lands of abandoned cemeteries. K.S.A. § 17-1328
A cemetery corporation or association that is ceasing operations and abandoning a cemetery can sell off lands in the cemetery that were previously set aside for burials if the cemetery contains fewer than twenty graves. However, in the process of selling off the land where no one is buried, the corporation must ensure that enough land is leftover to properly care for the existing graves. In addition, it is the duty of the trustees or treasurer of the cemetery corporation or association, or the township trustee, to dedicate the proceeds from sales of unused land to the permanent maintenance and care of the remaining graves in the abandoned cemetery (K.S.A. § 17-1329).
History: Section enacted in 1927; current through 2009 Legislative Session.
Cemetery corporation; selling excess real estate; conditions. K.S.A. § 17-1375
This section allows a cemetery corporation to sell excess real estate that it acquired before 1909 by a deed that restricted the land's use to cemetery purposes. If the deed was coupled with a trust that was set up to benefit nonprofit charities, who do not own lots in the cemetery, then the cemetery corporation can sell off any land that had not already been platted into burial lots by drafting a written statement showing that the corporation's directors have concluded that the cemetery will not need the extra land in the future. However, the corporation can only use the proceeds from selling the excess real estate to provide for cemetery maintenance and reserve requirements, and for the benefit of the trust beneficiaries.
History: Section enacted in 2008; current through 2009 Legislative Session.
-
Cemetery Districts and Cemetery Associations
Cemetery districts; tax levy; limitation; care of abandoned cemetery. K.S.A. § 17-1330
Once the cemetery district is established, the Board of County Commissioners for each county that contains some of the district's territory will levy a tax on all taxable property within that territory. Each of these counties individually cannot raise more than $6,000 through the tax. The money that is raised will be spent on the cemetery district's operating costs, which include: maintenance and care; regulation; purchase of property adjacent to a cemetery; or possibly the maintenance and care of an abandoned cemetery within the district if the cemetery association thinks it is in the district's best interest.
For any cemetery district that includes a city, the district's board of directors can decide to levy a tax that is different from the one described above. At any annual or special meeting of the board of directors, they can decide to impose a tax on all taxable tangible property within the cemetery district, but the amount collected by the tax cannot exceed two mills (0.2%). The board of directors must propose this tax to the Board of County Commissioners, which is then responsible for collecting for it.
History: Section enacted in 1925; current through 2009 Legislative Session.
Cemetery districts in certain counties; tax levies; road improvement. K.S.A. § 17-1336
The first part of this section applies to cemetery districts located in a county that has: a population from 8,000-11,000 and a value of more than $30 million; a population from 18,000-19,000 and a value of more than $34 million; or a population from 19,000-23,000 and a value of between $33 million and $38 million. In these circumstances, the qualified electors who attend the cemetery district's annual meeting will vote to determine the amount of the tax that is assessed to provide for the cemetery's maintenance and any necessary road construction. The tax cannot exceed 1/2 mill (0.05%) on all taxable property in the district. If the tax is approved by a majority of the electors at the annual meeting, then the tax is passed along to the Board of County Commissioners to be collected.
The second part of the section applies to cemetery districts in counties that have a population of at least 6,500 and an assessed tangible valuation of between $10 million and $14 million. In this situation, the electors also vote at the district's annual meeting to determine a tax, and that tax cannot exceed 1 mill (0.1%) on all taxable property in the district. Similarly, if the tax is approved by a majority of the electors at the annual meeting, then the tax is passed along to the Board of County Commissioners to be collected.
History: Section enacted in 1938; current through 2009 Legislative Session.
Same; road completion fund; transfer of surplus money for machinery and equipment; limitation. K.S.A. § 17-1336a
This section allows a cemetery district's board of directors to pass a resolution to take any money left over after a tax levy and transfer it to a special fund at the end of the budget year. The money in this special fund can be used for completing road improvements (K.S.A. § 17-1336), or to purchase machinery or equipment for cemetery maintenance.
However, there are several limitations and requirements. First, the amount of leftover money that gets transferred to the special fund cannot exceed 25% of the cemetery district's annual budget. Second, any amounts that are transferred to the special fund and then spent must be included in the cemetery district's budget so the information can be available to taxpayers.
History: Section enacted in 1945; current through 2009 Legislative Session.
Same; board of trustees; officers; bond; expenditures; tax levies; election upon petition. K.S.A. § 17-1344
Once a cemetery district is established in the way described in K.S.A. § 17-1343, a board of trustees for the district must be created. The board of trustees can then authorize a tax of up to 2 mills (0.2%) to maintain and improve the cemetery in the cemetery district. In the city, the tax gets imposed by the city's governing body. In the rest of the district outside the city, the tax gets imposed by the Board of County Commissioners unless there is opposition to the tax. If the tax is greater than one mill (0.1%), petitions opposing the tax must be filed with the county election officer in each county that contains cemetery district territory. The petitions must be signed by at least 2% of all qualified electors in the district, and must be filed within 15 days after the board of trustees sends the proposed tax to the Board of County Commissioners. If the petitions are successfully filed, then the tax will be limited to one mill for that year. Once a tax is collected, it will be paid by the county treasurer to the district's treasurer upon receiving an order signed by the chairman and secretary of the district's board of trustees.
History: Section enacted in 1941; current through 2009 Legislative Session.
Certain districts in counties over 250,000; tax levies, when; limitation. K.S.A. § 17-1355
This section applies to cemetery districts that are not located within an incorporated city but are located in a county with a population of more than 250,000, and that contain at least four cemeteries. In those districts, the qualified electors can choose at the annual district meeting to vote for a supplemental property tax to purchase additional cemetery land. The tax cannot exceed 1 mill (0.1%), and cannot be collected for more than 2 years. If a tax is passed, then the district's directors submit it to the Board of County Commissioners who are responsible for collecting it.
History: Section enacted in 1959; current through 2009 Legislative Session.
Same; tax levies after annexation; uses of funds. K.S.A. § 17-1365
After a cemetery district annexes another district's territory, additional tax revenue must be raised to pay for the cost of operating and maintaining the new territory. The county clerk of the county where the district is located must issue a property tax in the next tax period that raises up to $5,000 for each cemetery that the district operates within the county.
History: Section enacted in 1969; current through 2009 Legislative Session.
Maintenance of abandoned cemeteries; dissolution of certain cemetery corporations; liens declared void on and after January 1, 2003; transfer of property and moneys. K.S.A. § 17-1367
When the attorney general discovers the existence of an abandoned cemetery, meeting the definition in K.S.A. § 17-1366, he or she will immediately file suit to dissolve the cemetery corporation that owns the abandoned cemetery. Once the cemetery corporation is dissolved, the municipality where the cemetery is located will take control over the cemetery's property and permanent maintenance fund. Along with the fund, the municipality will get any other outstanding investments, and all books and records kept by the cemetery corporation. The municipality can then deposit any money that it gets from the cemetery corporation into an account of its choosing, and can invest the money by following the requirements in K.S.A. § 17-1311. The municipality must use the income and principal from the permanent maintenance fund, plus any additional money that it received from the cemetery corporation, to provide for the cemetery's maintenance and upkeep. The city or municipality can only use this money for that purpose. If the money is not enough to continue to maintain the cemetery, then the city or municipality must pay for maintenance from its own funds.
History: Section enacted in 1979; current through 2009 Legislative Session.
-
How is a state historic acquisition and preservation fund administered?
Heritage trust fund; historic preservation project grants; conditions and requirements, award; amounts transferred from state general fund. K.S.A. § 75-2729
This section establishes a heritage trust fund in the state treasury, which will be used to: award grants for historic preservation projects; run the heritage trust fund program; and to establish a revolving loan fund . To spend money from the trust fund, the historical society must pass an appropriation act that is based on an authorization from the director of accounts and a report from the society's secretary.
On or before the 10th of each month, the director of accounts and reports must transfer from the state general fund to the heritage trust fund any interest that is earned. This amount is determined by looking at the average daily balance of money in the heritage trust fund, and the net earnings rate for the pooled money investment portfolio, during the last month.
To be eligible for a grant, a property must be listed on either the national or the state register of historic places, and cannot be owned by the federal or state government. At least 50% of the amount that gets awarded as grants each year must go to preserve eligible properties owned by county and local governments, county and local historical societies, and private nonprofit corporations.
Furthermore, the historical society can award money from the trust fund on a matching basis. The historical society can develop different matching requirements for different award applicants, but matching contributions from for-profit corporations must be dollar-for-dollar. Moreover, for-profit corporations can only get grant assistance from the trust fund if a historic property's existence is threatened or if it would be economically unfeasible to rehabilitate the property without a grant.
When evaluating a grant application for a historic preservation project, the historical society considers the following factors: the property's historical significance; the property's condition; the urgency of the proposed preservation project; whether or not the property is endangered; the type of work proposed; a geographical distribution of assisted properties; the applicant's administrative ability; the potential benefit to the community and the state; community support for the project; whether the project is ineligible for other funds; and whether the property owner has demonstrated financial need of the grant.
This section also establishes guidelines about when the historical society can recapture grant money that gets awarded. If a property owner holds onto a rehabilitated building for more than 5 years after the grant project gets completed, then the society cammot recapture any money. However, the historical society can inspect the building at any time during the five-year period and can revoke its grant award if the rehabilitation work actually done differs from what was described in the application. If a property owner, or the owner's heir, disposes of a rehabilitated building less than a year after a grant project is completed, then the society can recapture all of the grant money that it awarded. Finally, if the property owner disposes of the property between one and five years after the grant project is completed, then the amount of grant money that the society can recapture decreases by 20% for each year.
History: Section enacted in 1990; current through 2009 Legislative Session.
How are trust funds for the maintenance of cemeteries established and administered?
NOTE: Kansas has different statutes to regulate maintenance funds held by cemeteries controlled by cities or townships, cemeteries controlled by cemetery corporations, and cemetery districts controlled by cemetery associations. For statutes that govern cemeteries controlled by cities or townships, see sections 12-1408 to 12-1438. For statutes that govern cemeteries controlled by cemetery corporations, see sections 17-1308 to 17-1321 and 17-1367. Specifically, sections 17-1308 to 17-1312g and 17-1367 describe general requirements for cemetery corporations, and sections 17-1316 to 17-1321 describe requirements for corporations in cities with a population over 40,000. For statutes that govern cemetery districts controlled by cemetery associations, see sections 17-1338, 17-1339, 17-1358, and 17-1363.
-
City and Township Cemeteries
Endowment fund for cemetery maintenance. K.S.A. § 12-1408
The governing body of any city that owns and operates a cemetery can decide to create an endowment fund to maintain that cemetery. The decision to create a fund must be approved by a majority of the governing body.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; contributions. K.S.A. § 12-1409
Once a city's governing body creates an endowment fund for a cemetery under K.S.A. § 12-1408, the governing body can deposit in the fund: any money that the city has available; any money from other cemetery funds that are not being used; any contributions that are made for cemetery maintenance; profits gained by selling lots in the cemetery or selling cemetery land for non-burial purposes. If a majority of the governing body votes to approve, then the body can also decide to set aside future profits for the endowment fund.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; use and investment of funds. K.S.A. § 12-1410
Money that a city deposits in a cemetery endowment fund can either be invested by following the requirements in K.S.A. § 12-1675, or in state, municipal, or federal bonds. The city can spend the interest from the investments to care for graves or to improve the cemetery, but the city cannot use the principal in the fund. The city can also transfer money from the endowment fund to the cemetery's general fund where it can be used for cemetery maintenance. However, the city cannot transfer money from the endowment fund that was donated by popular subscription or by a private donor.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; bonds of custodians of funds. K.S.A. § 12-1411
Any person who is appointed as a custodian for a cemetery endowment fund must give a bond for faithful performance of their duty that equals double the amount in the endowment fund. The custodian must pay this bond at the time when they take their official oath of office.
History: Section enacted in 1917; current through 2009 Legislative Session.
Same; trustee for funds; nonliability. K.S.A. § 12-1418
Once a city's governing body takes over the responsibility for maintaining and controlling a cemetery from a cemetery association, the governing body is authorized to act as trustee for the cemetery's maintenance funds. The governing body can decide when to take money from the maintenance fund and give it to the cemetery association to use for improving, maintaining and caring for the lots, graves, monuments, vaults or other cemetery property. However, the city's governing body cannot be held responsible if the cemetery association misuses the money that it receives.
History: Section enacted in 1915; current through 2009 Legislative Session.
Same; records; deeds in trust. K.S.A. § 12-1419
The city clerk or township clerk is responsible for keeping records of any proceedings that relate to managing a city cemetery. Also, the clerk must keep records of deeds in trust, and funds.
History: Section enacted in 1915; current through 2009 Legislative Session.
Cemetery board; annual reports. K.S.A. § 12-1426
The board of directors must submit an annual report to the city governing body by January 15th of each year. This report must give the conditions of the cemetery trust as of December 31st, what money was received or spent over the past year, and any additional information or suggestions of general interest about the cemetery. The annual report must be verified by an affidavit that is signed by the board's president and secretary.
History: Section enacted in 1927; current through 2009 Legislative Session.
Authority to accept trust funds. K.S.A. § 12-1437
Cities that own cemeteries can accept funds from individuals for the upkeep of burial lots.
History: Section enacted in 1937; current through 2009 Legislative Session.
Same; investment and use of income. K.S.A. § 12-1438
A city must place any money that an individual donates for the maintenance of burial lots in a special trust fund. The fund must then be invested as the donor directs. If the donor did not specify how his or her money should be invested, then the city must follow K.S.A. § 12-1675.
History: Section enacted in 1937; current through 2009 Legislative Session.
-
Cemetery Corporations
City cemeteries; plat of lots and deposits in permanent maintenance fund prerequisite to conveyance of lots. K.S.A. § 17-1308
Before a cemetery corporation can sell or convey land in the cemetery for burials, the corporation must arrange to have the land surveyed and divided into individual lots, and this survey must be filed with the county office of the register of deeds. In addition, for lands acquired after July 1, 1969, the cemetery corporation must create a permanent maintenance fund containing $10,000, plus $500 for each acre of land in the cemetery in excess of 20 acres, but the fund does not need to have more than $35,000. For lands acquired before that date, if the lands are being set aside for burials for the first time the cemetery corporation needs to comply with the maintenance fund requirements set out above. If the lands were acquired before July 1, 1969, and they were previously set aside for burials, then the only requirement for a permanent maintenance fund is that it cannot dip below $10,000.
History: Section enacted in 1901; current through 2009 Legislative Session.
Same; permanent maintenance fund; requirements; use. K.S.A. § 17-1311
This section requires that a cemetery corporation keep a permanent maintenance fund with a trust company, a state or national bank, a state or federally chartered savings and loan association, or a federally chartered savings bank, any of which is located within the state of Kansas. For each burial lot that the corporation conveys, it must deposit in the maintenance fund an amount of at least 15% of the purchase price, and not less than $25. The corporation must deposit this amount in the maintenance fund within 45 days after it receives the purchase price.
All the money that is deposited in the maintenance fund must be invested using the guidelines in K.S.A. § 58-24a02, but the total amount of money invested in any mortgage upon real property cannot exceed 75% of the market value for the real property at the time of investment. The income from the fund must be used exclusively for maintenance and upkeep of the cemetery, and the principal of the fund can only be used for investment. The corporation can never use the fund's income or principal for a loan to any person, including any stockholder, officer, or employee of the corporation. In addition, the corporation's treasurer can accept any donations or gifts for the maintenance fund, and deposit that money or property in the fund. Finally, the kinds of work that are considered maintenance are activities like mowing, road repair, and landscaping; not administrative costs, expenses from audits, or any maintenance costs for areas of the cemetery that are not used for burials.
History: Section enacted in 1901; current through 2009 Legislative Session.
Same; penalties for misuse. K.S.A. § 17-1311a
This section defines misuse of a permanent maintenance fund as a person who has control of the fund using, lending, or allowing another person to use, the money in the fund in a way that is not allowed by K.S.A. § 17-1311. Misuse of the permanent maintenance fund is a severity level 7, nonperson felony.
History: Section enacted in 1971; current through 2009 Legislative Session.
Same; custody; requirements; limitations. K.S.A. § 17-1312
A cemetery permanent maintenance fund must be kept at all times with one of the financial institutions named in K.S.A. § 17-1311. In addition, the cemetery corporation must establish a trust for the maintenance fund. If the market value of the trust is less than $45,000, then the corporation can name an individual trustee, so long as the fund is kept in its own separate account. If the market value of the trust is $45,000 or more, then the corporation must name as trustee one of the financial institutions from K.S.A. § 17-1311. The institution that is named as trustee can then invest, reinvest, exchange, retain, sell, and manage the money within the fund however the institution sees fit. The institution that is named as the maintenance fund's trustee can serve without bond, and then be paid a reasonable amount out of the income from the fund. In addition, any trust agreement must say that trustee can only give the cemetery corporation money out of the fund's income; to give the corporation money from the principal, the trustee must get written approval from the Kansas secretary of state.
If the cemetery corporation's treasurer opens an account for the permanent maintenance fund in a savings and loan association or federally chartered savings bank, then the amount deposited in that account cannot exceed the amount for which deposits in those institutions are insured by either the Federal Savings and Loan Insurance Corporation, or another insurer that is approved by the Kansas Commissioner of Insurance. If the treasurer opens an account for the maintenance fund in a bank or federally chartered savings bank, then the amount of fund money deposited in that account cannot exceed the amount for which deposits in that institution are insured by either the Federal Deposit Insurance Commission, or another insurer that is approved by the Kansas Commissioner of Insurance.
History: Section enacted in 1901; current through 2009 Legislative Session.
Cemetery corporation's annual statement; maintenance fund; audit or examination of accounts, assessment of expenses. K.S.A. § 17-1312a
If necessary under the Kansas general corporate code, each cemetery corporation has to draft an annual report and submit it to the Kansas secretary of state by the designated deadline. If a cemetery corporation does not need to submit such a report, then the corporation still needs to prepare a statement about the corporation's finances up through December 31 of each year, and submit it to the secretary of state by January 1. If the corporation's fiscal year does not line up with the calendar year, then the corporation needs to submit this statement on the last day of its fiscal year. Specifically, this statement needs to include information about: accumulated income in each of the corporation's permanent maintenance funds; the cost and market value of each security in those funds; and the disbursements made from each fund.
Finally, the secretary of state, or an employee of the secretary, can audit or examine a corporation's books or accounts whenever necessary. The corporation will then have to pay for any expenses that the secretary of state assesses under K.S.A. § 75-442.
History: Section enacted in 1968; current through 2009 Legislative Session.
Audit or examination of books and accounts; examination of officers, employees and agents. K.S.A. § 17-1312b
When conducting an audit of a cemetery corporation, the secretary of state and the secretary's assistants are authorized to administer oaths to and examine the corporation's directors, officers, employees, and agents. The transcripts of these examinations can be recorded in writing, and can contain statements about the condition of the corporation's permanent maintenance funds.
History: Section enacted in 1968; current through 2009 Legislative Session.
Same; interference with or refusal to submit to examination; appointment of receiver. K.S.A. § 17-1312c
If an officer of a cemetery corporation refuses to cooperate with an audit of the corporation's permanent maintenance fund, by doing something like refusing to submit books or records, or refusing to be examined under oath about the fund's condition, then the secretary of state can confer with the state attorney general and may decide to institute proceedings to appoint a receiver for the corporation.
History: Section enacted in 1968; current through 2009 Legislative Session.
Maintenance fund; failure to establish or maintain; forfeiture of franchise. K.S.A. § 17-1312d
If the secretary of state discovers that a cemetery corporation has either refused to or neglected to establish and maintain a permanent maintenance fund, the secretary will send the corporation a notice that it has 90 days to come into compliance. Once those 90 days are over, if the corporation has not come into compliance, it can be deemed to have forfeited its franchise. The secretary can then request that the attorney general bring an action for a court to appoint a receiver to the cemetery corporation. The receiver will then be responsible for dissolving the cemetery corporation.
History: Section enacted in 1968; current through 2009 Legislative Session.
Information and records of examination confidential; disclosure of certain information allowed. K.S.A. § 17-1312e
Under this section, all information that the secretary of state gathers while investigating or auditing a cemetery corporation must be kept confidential, and can only be disclosed to the officers of the corporation that the secretary is investigating, and the attorney general if the secretary thinks it is necessary. However, upon request, the secretary of state can disclose to a member of the public whether a cemetery corporation maintains a cemetery merchandise trust fund under K.S.A. § 16-322, or a permanent maintenance fund under K.S.A. § 17-1311. In addition, the secretary can say whether those funds are being maintained in compliance with the respective laws.
History: Section enacted in 1968; current through 2009 Legislative Session.
Application of act; exceptions. K.S.A. § 17-1312f
This section extends the definition of the term "corporation" to include every individual, firm, partnership or other organization that sells or conveys land for cemetery purposes, and applies this modified definition to the provisions of K.S.A. §§ 17-1308, 17-1311, 17-1312, and 17-1312a to 17-1312e. In addition, those provisions are not meant apply to: (a) any municipality, corporation or quasi-corporation within the state of Kansas which is empowered to issue bonds and impose taxes to pay for those bonds; (b) any nonprofit organization formed primarily for religious purposes and consisting of an established church that sells or conveys cemetery lots solely to the church's members or their family members; (c) any cemetery existing on March 1, 1968, located in an urban county, and owned and operated by a nonprofit organization; or (d) any cemetery having a permanent maintenance fund of less than $10,000 which was organized prior to January 1, 1900, and which has been maintained and operated continuously since then.
History: Section enacted in 1968; current through 2009 Legislative Session.
Cemetery corporations; copy of trust document filed with secretary of state. K.S.A. § 17-1312g
Any cemetery corporation that is subject to an audit by the secretary of state (K.S.A. § 17-1312a) must file with the secretary's office a copy of the agreement or document that establishes the trust between the cemetery corporation and the trustee.
History: Section enacted in 1994; current through 2009 Legislative Session.
Same; dissolution of certain cemetery corporations; liens declared void on and after January 1, 2003; transfer of property and moneys. K.S.A. § 17-1367
When the attorney general discovers the existence of an abandoned cemetery, meeting the definition in K.S.A. § 17-1366, he or she will immediately file suit to dissolve the cemetery corporation that owns the abandoned cemetery. Once the cemetery corporation is dissolved, the city or municipality where the cemetery is located will gain title to all of the cemetery property that was owned by the corporation. In addition, any liens that exist against the cemetery property get immediately quashed and declared void.
Furthermore, the permanent maintenance fund, any other outstanding investments, and all books and records kept by the cemetery corporation get transferred to the city or municipality. The city or municipality can then deposit any money that it gets from the cemetery corporation into an account of its choosing, and can invest the money by following the requirements in K.S.A. § 17-1311. The city or municipality must use the income and principal from the permanent maintenance fund, plus any additional money that it received from the cemetery corporation, to provide for the cemetery's maintenance and upkeep. The city or municipality can only use this money for that purpose. If the money is not enough to continue to maintain the cemetery, then the city or municipality must make up the difference from its own funds.
History: Section enacted in 1979; current through 2009 Legislative Session.
Cemetery corporations in or adjacent to cities of more than 40,000. K.S.A. § 17-1316
Under this section, any cemetery that is more than 50 acres and is located in or near a city of the first class with a population over 40,000 must set aside all earnings above the 6% in a permanent maintenance fund.
History: Section enacted in 1909; current through 2009 Legislative Session.
Same; permanent maintenance fund. K.S.A. § 17-1317
The permanent maintenance fund that is required under K.S.A. § 17-1316 must be perpetually held following the terms and conditions in K.S.A. § 17-1311, K.S.A. § 17-1312, and K.S.A. § 17-1313.
History: Section enacted in 1909; current through 2009 Legislative Session.
City or association; permanent maintenance fund; use and investment. K.S.A. § 17-1319
Any city that owns a cemetery, or any cemetery association incorporated under Kansas state law, can receive donations in a permanent fund. This money should then be invested as the donor directs. If the donor does not specify how the donation should be invested, then the city or cemetery association should either follow K.S.A. § 12-1675, or invest the donation in federal, state, or municipal bonds. The permanent fund and the interest on any invested donation can only spent on expenses incurred in keeping the cemetery grounds and burial lots in proper condition.
History: Section enacted in 1911; current through 2009 Legislative Session.
Same; control; custodian, bond. K.S.A. § 17-1321
The city authorities or the directors of the cemetery association will have sole control over raising the permanent fund, loaning it, and collecting and paying out the interest from it. In addition, the fund custodian will give a good and sufficient bond, with three or more sureties . These sureties will, under oath, agree to guarantee up to double the amount of funds that the custodian holds.
History: Section enacted in 1911; current through 2009 Legislative Session.
-
Cemetery Districts and Cemetery Associations
Same; permanent maintenance fund; use and investment. K.S.A. § 17-1338
Any cemetery district can receive donations in a permanent fund, which should then be invested as the donor directs. If the donor does not specify how the donation should be invested, then the district should either follow K.S.A. § 12-1675, or invest the donation in federal, state, or municipal bonds. However, the district cannot invest in the bonds of a municipality whose bonded indebtedness exceeds 15% of its total value. The permanent fund and the interest on any invested donation can only spent on expenses incurred in keeping the cemetery grounds and burial lots in proper condition.
History: Section enacted in 1938; current through 2009 Legislative Session.
Same; control of permanent fund; custodian. K.S.A. § 17-1339
The board of directors of a cemetery district has the sole authority to create a permanent fund, to loan the fund, and to collect and disburse the income from the fund. In addition, the treasurer acts as the custodian for the fund.
History: Section enacted in 1938; current through 2009 Legislative Session.
Same; transfer of property and funds. K.S.A. § 17-1358
When a cemetery district is disorganized and annexed, all of its property and funds get transferred to the cemetery district that is annexing it. After that, the annexed district is a part of the other district for all intents and purposes.
History: Section enacted in 1961; current through 2009 Legislative Session.
Records, funds, etc., transferred to annexing district; title to property. K.S.A. § 17-1363
When a cemetery district gets disorganized and annexed by another under, then any books, records, papers, money, funds, and property get transferred to the secretary-treasurer of the district that agreed to accept the annexation. Title to the property will also transfer to the annexing district.
History: Section enacted in 1969; current through 2009 Legislative Session.
-
How are state historic archives maintained?
State Historical Society; collection and maintenance of historical materials; publication of journal and materials; public records; expenditures. K.S.A. § 75-2702
The State Historical Society has the duty to collect, by gift, exchange or purchase, books, maps, newspapers, pamphlets, periodicals, photographs, artifacts, relics, paintings, manuscripts and other papers and material illustrative of Kansas history in particular, and Western United States history generally. Furthermore, the society must catalog the its collections so members of the public can easily refer to them, and must keep its collections arranged in suitable and convenient rooms that are open to the public at all reasonable hours on business days and on Saturday mornings. In addition, the society must use museums, publications, and other media to spread wider and fuller knowledge and appreciation of Kansas history. Specifically, the society must publish a historical journal and any other historical materials that are possible depending on what money is available from donations and membership dues.
Finally, the historical society must take actions that ensure that its collections of books, pamphlets, newspapers, and other written materials are preserved. The society must do this because it is in the best interest of the state of Kansas and its historical heritage to loan items in its collections to libraries, educational institutions and other organizations. One thing that the society must do to preserve its collections is to arrange for any unbound books, pamphlets, clippings, and newspapers to be bound in volumes. An appropriations act must be passed by the society before any money can be spent on any preservation activities.
History: Section enacted in 1879; current through 2009 Legislative Session.
State publications for exchange purposes. K.S.A. § 75-2703
The State Historical Society must receive 10 copies of any of the publications that are produced by other state agencies, with the exception of Kansas Supreme Court reports, statutes, and session laws. Instead, for those sources the society should receive one set of Supreme Court reports, 6 sets of statutes, and 6 sets of session laws. The society receives these copies so that it can use them to enlarge its collection of documents by exchanging them with other societies and institutions.
History: Section enacted in 1923; current through 2009 Legislative Session.
Removal of records from State Historical Society prohibited; exceptions. K.S.A. § 75-2704
The secretary of the State Historical Society cannot allow any person to remove files, documents, or records from any of the society's buildings. However, this prohibition does not prevent the secretary from either allowing people to temporarily remove materials or from selling, exchanging, or donating materials, as authorized by sections 75-2701 and 75-2702.
History: Section enacted in 1901; current through 2009 Legislative Session.
Microfilm division; duties; technician. K.S.A. § 75-2713
This section creates a microfilm division within the State Historical Society. The division is responsible for reproducing on film any archives, newspapers, and other records that the society's secretary decides is necessary. The person who is in immediate charge of the filming is known as the microfilm technician. The society's secretary is responsible for hiring the microfilm technician.
History: Section enacted in 1945; current through 2009 Legislative Session.
-
How may the state enter into private contracts for recovering and preserving historical artifacts?
Official state agency to administer federal assistance under federal act; powers as administrative agency; availability of funds for state's share required. K.S.A. § 75-2723
The State Historical Society is designated as the official state agency to accept and give out financial assistance that the federal government awards under the National Historic Preservation Act of 1966 ("NHPA").
The historical society is also designated as the state administrative agency to handle any federal benefits that are available under the NHPA. In this capacity, the historical society has the power to: (1) apply for any available federal assistance, which the state treasurer is authorized to receive; (2) disburse federal and state funds to eligible local governments and private agencies and individuals as directed by the Historic Sites Board of Review; (3) enter into contracts and agreements with individuals, organizations, and federal, state, or local governments; (4) keep financial and other records and to furnish federal and state officials with any of that information should they need it; and (5) perform any other acts that may be necessary to comply with federal requirements for getting benefits under the NHPA. However, the historical society cannot commit to giving funds to a project until the society can determine how much money it has available, and how much the project will cost.
History: Section enacted in 1977; current through 2009 Legislative Session.
-
What funding exists for state historical education efforts?
Historical society; historic preservation powers and duties. K.S.A. § 75-2721
One of the State Historical Society's duties is to develop and implement interpretive programs for historical properties and manage the state's historical marker program. These activities are required in order to inspire public interest in historic preservation.
History: Section enacted in 1977; current through 2009 Legislative Session.
Competitive grant program for partnership historic sites; eligibility; use of moneys; selection process; reports; rules and regulations; partnership historic sites grant fund. K.S.A. § 75-2732
The State Historical Society is authorized to develop a program to award competitive grants to partnership historic sites. These grants can be used to develop a historic preservation plan that meets the Secretary of the Interior's standards, to cover basic operation costs, or both. To be eligible to receive one of these grants, a partnership historical site must: be listed on the National Register of Historic Places or the Kansas State Register of Historic Places; be owned or operated by a public entity or other organization which is tax-exempt under section 501(c)(3) of the Federal Internal Revenue Code of 1986; develop and submit a business plan to be reviewed by the partnership historic site committee; not receive any state funding for operations; be open to the public or have the potential to be open to the public for a minimum 500 hours a year; and be owned and operated for the purpose of educating the public about a specific aspect of Kansas and United States history. Furthermore, the site must be able to provide a 50% match of funds which are not state or federal money. Finally, the site must obey by all federal, state and local laws.
Once a partnership historic site receives a grant, at the end of the grant period the site must submit to the historical society a report that describes the site's operations and how the grant money was used.
History: Section enacted in 2007; current through 2009 Legislative Session.
-
What funding exists for state museums' scientific services?
We are unable to locate information relevant to this question at this time.
-
-
Special Funding for Public Lands
-
What special funding sources are there for protection and preservation of burials on public lands?
We are unable to locate information relevant to this question at this time.
-
-
Special Funding for Private Lands
-
What special funding sources are there for protection and preservation of burials on private lands?
We are unable to locate information relevant to this question at this time.
-
-
-
State Recognition of Constituent Groups
-
Laws Recognizing or Acknowledging Constituent Groups
-
What laws are there recognizing or acknowledging constituent groups?
Chapter 74, Article 64 titled "Advisory Committee on Indian American Affairs" was repealed in 1976. No other statutes recognizing or acknowledging constituent groups were found within the Kansas statutes.
-
What tribes are recognized by the state?
Unmarked Burial Sites Preservation Board members. K.S.A. § 75-2744
The section of the Unmarked Burial Sites Preservation Act establishing the Unmarked Burial Sites Preservation Board recognizes the following four tribes: the Iowa Tribe of Kansas and Nebraska; the Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas; the Prairie Band Potawatomi Nation in Kansas; and the Sac and Fox Nation of Missouri in Kansas and Nebraska.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
Are the state-recognized tribes different from the federally-recognized tribes in the state?
As found here, the federally-recognized tribes in Kansas are the Kickapoo of Kansas, the Prairie Band Potawatomi, the Sac and Fox of Missouri, and the Iowa of Kansas. These are the same four tribes that are recognized by the state. In addition, there are four tribes that are not recognized by either the state or the federal government: The Wyandot Nation of Kansas, the Delaware Muncie Tribe, the Swan Creek and Black River Chippewas, and the United Tribe of Shawnee Indians.
-
-
Compliance Laws
-
What laws are there related to compliance with recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
-
-
Regulatory Laws
-
What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
-
-
Decision-Making Authorities
-
What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
Unmarked Burial Sites Preservation Board; powers and duties. K.S.A. § 75-2745
The Unmarked Burial Sites Preservation Board is required to consult with "interested parties" (including lineal descendants and Native American tribes) when unmarked burial sites are disturbed or threatened to be disturbed.
History: Section enacted in 1989; current through 2009 Legislative Session.
Permits. K.S.A. § 75-2747
This section requires that a person or institution who wants to excavate an unmarked burial site or study or display human remains or objects from an unmarked burial site must get a permit from the Unmarked Burial Sites Preservation Board. If the site is reasonably identified with direct kin or descent groups like Native American tribes, then the board must first notify and consult with those tribes before issuing the permit.
History: Section enacted in 1989; current through 2009 Legislative Session.
-
How are Indian sacred sites regulated?
We are unable to locate information relevant to this question at this time.
-
Is there a state Indian Affairs Commission or equivalent?
Contact information for the Kansas Office of Native American Affairs can be located here, but we are unable to locate an official website or other information at this time.
-
How is the state Indian Affairs Commission or equivalent composed?
We are unable to locate information relevant to this question at this time.
-
What are the powers and duties of the state Indian Affairs Commission?
We are unable to locate information relevant to this question at this time.
-
Is there a state Indian cultural heritage commission?
We are unable to locate information relevant to this question at this time.
-
-
Special Funding
-
What special funding sources are there for state recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
-
-
-
Definitions
"Antiquities" means historic or prehistoric ruins and other archeological sites, including evidence of such features as constructions or inscriptions by human agency or other evidence of human activity having antiquity but not including any unmarked burial site subject to the provisions of the Kansas Unmarked Burial Sites Preservation Act. K.S.A. § 74-5401.
"Commercial fossil hunter" means an individual who goes upon the land of another in search of fossils for the purpose of selling fossils of value found upon such land. K.S.A. § 21-3759.
"Fossil" means any impression or trace of an animal or plant of a past geological age preserved in the earth's crust. K.S.A. § 21-3759.
"Landowner" means the record owner of the fee in real estate or the tenant of such owner who occupies such real estate, if so authorized by the owner. K.S.A. § 21-3759.
"Land of another" means all real estate other than that owned or leased by any governmental entity. K.S.A. § 21-3759.
A "covenant of seizin" is a covenant, usu[ally] appearing in a warranty deed, stating that the grantor has an estate, or the right to convey an estate, of the quality and size that the grantor purports to convey. For the covenant to be valid, the grantor must have both title and possession at the time of the grant. Black's Law Dictionary 420 (9th ed. 2009).
A "covenant of warranty" is a covenant by which the grantor agrees to defend the grantee against any lawful or reasonable claim of superior title by a third party and to indemnify the grantee for any loss sustained by the claim. Black's Law Dictionary 420 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
The "rule against perpetuities" is the common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a period of gestation to cover a posthumous birth) after the death of some person alive when the interest was created. The purpose of the rule was to limit the time that title to property could be suspended out of commerce because there was no owner who had title to the property and who could sell it or exercise other aspects of ownership. If the terms of the contract or gift exceeded the time limits of the rule, the gift or transaction was void. Black's Law Dictionary 1447 (9th ed. 2009).
"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property. K.S.A. § 58-3810.
"Holder" means: (1) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or (2) a charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property. K.S.A. § 58-3810.
"Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, which, although eligible to be a holder, is not a holder. K.S.A. § 58-3810.
An "appurtenant easement" is an easement created to benefit another tract of land, the use of easement being incident to the ownership of that tract. Black's Law Dictionary 586 (9th ed. 2009).
A "negative easement" is an easement that prohibits the servient-estate owner from doing something, such as building an obstruction. Black's Law Dictionary 587 (9th ed. 2009).
"Touch or concern real property" is often a requirement for covenants or agreements that "run with the land." A "covenant running with the land" is a covenant intimately and inherently involved with the land and therefore binding subsequent owners and successor grantees indefinitely. Black's Law Dictionary 421 (9th ed. 2009).
"Privity of estate" is a mutual or successive relationship to the same right in property, as between grantor and grantee or landlord and tenant. Black's Law Dictionary 1320 (9th ed. 2009).
"Privity of contract" is the relationship between the parties to a contract, allowing htem to sue each other but preventing a third party from doing so. Black's Law Dictionary 1320 (9th ed. 2009).
A "covenant" is a formal agreement or promise, usu[ally] in a contract or deed, to do or not do a particular act. Black's Law Dictionary 419 (9th ed. 2009).
An "equitable servitude" is a private agreement, usu[ally] in a deed or lease, that restricts the use or occupancy of real property, esp[ecially] by specifying lot sizes, building lines, architectural styles, and the uses to which the property may be put. Black's Law Dictionary 421 (9th ed. 2009).
An "easement" is an interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose (such as to cross it for access to a public road). Black's Law Dictionary 585-86 (9th ed. 2009).
"Prima facie evidence" is evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced. Black's Law Dictionary 638 (9th ed. 2009).
A "quiet-title action" is a proceeding to establish a plaintiff's title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. Black's Law Dictionary 34 (9th ed. 2009).
"Lot owner" means the purchaser of the cemetery lot or such purchaser's heirs, administrators, trustees, legatees, devisees, or assigns. K.S.A. § 12-1440.
"Prima facie evidence" is evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced. Black's Law Dictionary 638 (9th ed. 2009).
A "quiet-title action" is a proceeding to establish a plaintiff's title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. Black's Law Dictionary 34 (9th ed. 2009).
"Ingress" means the act of entering. Black's Law Dictionary 853 (9th ed. 2009).
"Egress" is the act of going out or leaving. Black's Law Dictionary 592 (9th ed. 2009).
"Eminent domain" is the inherent power of a governmental entity to take privately owned property, esp[ecially] land, and convert it to public use, subject to reasonable compensation for the taking. Black's Law Dictionary 601 (9th ed. 2009).
"Prima facie evidence" is evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced. Black's Law Dictionary 638 (9th ed. 2009).
"Abandoned cemetery" means any cemetery owned by a corporation, as defined in K.S.A. 17-1312f, in which, for a period of at least one year, there has been a failure to cut grass or weeds or care for graves, grave markers, walls, fences, driveways and buildings or for which proper records have not been maintained and annual reports made to the secretary of state pursuant to the provisions of K.S.A. 17-1312a et seq., and amendments thereto. K.S.A. § 17-1366.
"Municipality" means the cemetery district in which all or any portion of an abandoned cemetery is located. If no portion of such cemetery is located within a cemetery district, the term shall mean the city in which all or any portion of an abandoned cemetery is located unless such cemetery is not within the corporate limits of a city, in which case such term shall mean the county in which such cemetery is located. K.S.A. § 17-1366.
A "lien" is a legal right or interest that a creditor has in another's property, lasting usu[ally] until a debt or duty that it secures is satisfied. Black's Law Dictionary 1006 (9th ed. 2009).
"Historic property" means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation. K.S.A. § 75-2716.
"Antiquities site" means historic or prehistoric ruins and other archeological sites, including evidence of such features as constructions or inscriptions by human agency or other evidence of human activity having antiquity but not including any unmarked burial site subject to the provisions of the Kansas Unmarked Burial Sites Preservation Act. K.S.A. § 74-5401.
"Antiquities site" means historic or prehistoric ruins and other archeological sites, including evidence of such features as constructions or inscriptions by human agency or other evidence of human activity having antiquity but not including any unmarked burial site subject to the provisions of the Kansas Unmarked Burial Sites Preservation Act. K.S.A. § 74-5401.
"Capital stock" is the total number of shares of stock that a corporation may issue under its charter or articles of incorporation, including both common stock and preferred stock. Black's Law Dictionary 1551 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
A "surety bond" is a bond given by a surety to ensure the timely performance of a contract. Black's Law Dictionary 1253 (9th ed. 2009).
"Probable cause" is a reasonable ground to suspect that a person has committed a crime or that a place contains specific items connected with a crime. Under the Fourth Amendment, probably cause—which amounts to more than a bare suspicion but less than evidence that would justify a conviction—must be shown before an arrest warrant or search warrant may be issued. Black's Law Dictionary 1321 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
"City of the first class" means a city with a population over 15,000. K.S.A. § 13-101.
"City of the first class" means a city with a population over 15,000. K.S.A. § 13-101.
"Capital stock" is the total number of shares of stock that a corporation may issue under its charter or articles of incorporation, including both common stock and preferred stock. Black's Law Dictionary 1551 (9th ed. 2009).
A "surety bond" is a bond given by a surety to ensure the timely performance of a contract. Black's Law Dictionary 1253 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
A "debenture" is a debt secured only by the debtor's earning power, not by a lien on any specific asset. Black's Law Dictionary 460 (9th ed. 2009).
A "stock" is a proportional part of a corporation's capital represented by the number of equal units (or shares) owned, and granting the holder the right to participate in the company's general management and to share in its net profits or earnings. Black's Law Dictionary 1551 (9th ed. 2009).
"Preferred stock" is a class of stock giving its holder a preferential claim to dividends and to corporate assets upon liquidation but that usu[ally] carries not voting rights. Black's Law Dictionary 1553 (9th ed. 2009).
"Common stock" is a class of stock entitling the holder to vote on corporate matters, to receive dividends after other claims and dividends have been paid (esp[ecially] to preferred shareholders), and to share in assets upon liquidation. Black's Law Dictionary 1552 (9th ed. 2009).
A "trust" is a fiduciary relationship regarding property and charging the person with title to the property with equitable duties to deal with it for another's benefit. Black's Law Dictionary 1648 (9th ed. 2009).
An "affidavit" is a voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths. Black's Law Dictionary 66 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
A "general-obligation bond" is a municipal bond payable from general revenue rather than from a special fund. Such a bond has no collateral to back it other than the issuer's taxing power. Black's Law Dictionary 204 (9th ed. 2009).
"Eminent domain" is the inherent power of a governmental entity to take privately owned property, esp[ecially] land, and convert it to public use, subject to reasonable compensation for the taking. Black's Law Dictionary 601 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
"Prima facie evidence" is evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced. Black's Law Dictionary 638 (9th ed. 2009).
A "quiet-title action" is a proceeding to establish a plaintiff's title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. Black's Law Dictionary 34 (9th ed. 2009).
"Lot owner" means the purchaser of the cemetery lot or such purchaser's heirs, administrators, trustees, legatees, devisees, or assigns. K.S.A. § 12-1440.
"Prima facie evidence" is evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced. Black's Law Dictionary 638 (9th ed. 2009).
"Land used for agricultural purposes" means land which is devoted to the production of plants, animals or horticultural products, including but not limited to forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, sod, floral, ornamental and greenhouse products. Land used for agricultural purposes which is located within 500 feet of a historic property shall be deemed to be located within the environs of such historic property. K.S.A. § 75-2716.
"Historic preservation" means the study, identification, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation. K.S.A. § 75-2716.
"Historic property" means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation. K.S.A. § 75-2716.
"Person" means any individual, firm, association, organization, partnership, business, trust, corporation or company. K.S.A. § 75-2716.
"Project" includes: (1) activities directly undertaken by the state or any political subdivision of the state, or any instrumentality thereof; (2) activities undertaken by a person which are supported in whole or in part through grants, subsidies, loans or other forms of financial assistance from the state or any political subdivision of the state, or any instrumentality thereof; and (3) activities involving the issuance of a lease, permit, license, certificate or other entitlement for use, to any person by the state or any political subdivision of the state, or any instrumentality thereof. K.S.A. § 75-2716.
"State or any political subdivision of the state" means the state of Kansas, any office, department, agency, authority, bureau, commission, board, institution, hospital, college or university of the state, or any county, township, city, school district, special district, regional agency, redevelopment agency or any other political subdivision of the state. K.S.A. § 75-2716.
"Historic property" means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation. K.S.A. § 75-2716.
A "revolving loan fund" is a gap financing measure primarily used for development and expansion of small businesses. It is a self-replenishing pool of money, utilizing interest and principal payments on old loans to issue new ones. More information is available here.
"Evaluation" means assessment by the State Historical Society of the nature of human skeletal remains and goods interred with such remains and the situation in which they are located to make recommendations for action and disposition of the remains or goods under this act. K.S.A. § 75-2743.
"Human skeletal remains" means any part of the body of a deceased human being, in any stage of decomposition. K.S.A> § 75-2743.
"Society action" means any evaluation, investigation, disinterment, study, reinterment or other disposition carried out by the State Historical Society, with board approval, using moneys appropriated to the State Historical Society. K.S.A. § 75-2743.
"Unmarked burial site" means any interment by whatever means of human skeletal remains, other than a burial site in a cemetery otherwise protected by Kansas statute. K.S.A. § 75-2743.
"Probable cause" is a reasonable ground to suspect that a person has committed a crime or that a place contains specific items connected with a crime. Under the Fourth Amendment, probably cause—which amounts to more than a bare suspicion but less than evidence that would justify a conviction—must be shown before an arrest warrant or search warrant may be issued. Black's Law Dictionary 1321 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "lease-purchase agreement" is a rent-to-own purchase plan under which the buyer takes possession of the goods with the first payment and takes ownership with the final payment; a lease of property (esp[ecially] equipment) by which the ownership of the property is transferred to the lessee at the end of the lease term. Black's Law Dictionary 973 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black's Law Dictionary 691 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
A "trust" is a fiduciary relationship regarding property and charging the person with title to the property with equitable duties to deal with it for another's benefit. Black's Law Dictionary 1648 (9th ed. 2009).
A "revolving loan fund" is a gap financing measure primarily used for development and expansion of small businesses. It is a self-replenishing pool of money, utilizing interest and principal payments on old loans to issue new ones. More information is available here.
An "appropriation" is a legislative body's act of setting aside a sum of money for a public purpose. Black's Law Dictionary 118 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
A "receiver" is a disinterested person appointed by a court, or by a corporation or other person, for the protection or collection of property that is the subject of diverse claims (for example, because it belongs to a bankrupt or is otherwise being litigated). Black's Law Dictionary 1383 (9th ed. 2009).
A "receiver" is a disinterested person appointed by a court, or by a corporation or other person, for the protection or collection of property that is the subject of diverse claims (for example, because it belongs to a bankrupt or is otherwise being litigated). Black's Law Dictionary 1383 (9th ed. 2009).
A "lien" is a legal right or interest that a creditor has in another's property, lasting usu[ally] until a debt or duty that it secures is satisfied. Black's Law Dictionary 1006 (9th ed. 2009).
"City of the first class" means a city with a population over 15,000. K.S.A. § 13-101.
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black's Law Dictionary 200 (9th ed. 2009).
A "surety" is a formal assurance; esp[ecially] a pledge, bond, guarantee, or security given for the fulfillment of an undertaking. Black's Law Dictionary 1580 (9th ed. 2009).
Legal Disclaimer
All information on this website is provided for educational, informational and referential purposes only. The contents of this website are meant to serve as a guide and do not constitute legal advice. Every effort has been made to make the contents complete, accurate, and up-to-date. However, there may be both typographical errors and mistakes in content. The information contained in the website includes laws from 50 states and the District of Columbia. States and DC update their official laws at different times, and at different intervals. Always check the official published state legislation. If you think that you may be involved with a violation of the laws contained on the website, consult your attorney for specific legal advice.