58-3508. Displacement of persons by action of condemning authority; relocation payments and assistance. - Kansas Statutes

58-3508

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 35.--RELOCATION ASSISTANCE FOR PERSONS DISPLACED BY ACQUISITION OF REAL PROPERTY

      58-3508.   Displacement of persons by action ofcondemning authority; relocation payments and assistance.On and after July 1, 2004: (a) Whenever federal funding is not involved, realproperty is acquired by any condemning authority through negotiation in advanceof a condemnation action or through a condemnation action and the acquisitionwill result in the displacement of any person, the condemning authority shall:

      (1)   Provide the displaced person, as defined in the federal uniformrelocation assistance and real property acquisition policies act of 1970, andamendments thereto, fair and reasonable relocation payments and assistance toor for displaced persons. Relocation payments shall not be required until titleto the real property vests in the condemning authority.

      (2)   Fair and reasonable relocation payments and assistance to or fordisplaced persons as provided under sections 202, 203 and 204 of the federaluniform relocation assistance and real property acquisition policies act of1970, and amendments thereto, shall be deemed fair and reasonable relocationpayments and assistance pursuant to this section.

      (3)   Nothing in this section shall preclude the voluntary negotiation of fairand reasonable relocation payments and assistance between the displaced personand condemning authority. If such negotiations lead to agreement between thedisplaced person and the condemning authority, that agreement shall be deemedfair and reasonable.

      (4)   Under circumstances where a displaced person demonstrates that receipt ofsuch payments, in advance of the actual relocation, is required to enable therelocation and estimates are provided by the displaced person to the condemningauthority that will allow such authority to estimate with reasonable accuracythe relocation payments, 75% of such amount shall be advanced to the displacedperson or paid to third parties on behalf of the displaced person to facilitatethe relocation. Any remaining payment due will be made within 30 days after therelocation has been completed. Payment of such relocation advances shall not berequired until title to the real property vests in the condemning authority.

      (b)   This section shall be a part of and supplemental to article 35 of chapter58 of the Kansas Statutes Annotated, and amendments thereto.

      History:   L. 2004, ch. 110, § 8; Apr. 22.