Kan. Admin. Regs. § 98-8-1 - Application for easement
(a) Any
cooperating landowner may submit an application for an easement on state
property along a navigable river on forms provided by the director. The
cooperating landowner shall acknowledge that the cooperating landowner will pay
all applicable filing fees for any easement granted.
(b) The following shall be confirmed by the
director:
(1)
(A)The cooperating landowner owns the
property adjacent to the state property upon which an easement is proposed;
or
(B) the cooperating landowner
otherwise has a legal right to complete a project on the adjacent
land.
(2) The
cooperating landowner is participating in a state, local, or federal program,
if applicable.
(c) A
notice of intent to issue easement shall be issued by the director for each
project that meets the requirements of subsection (b). The notice of intent to
issue easement shall include the following:
(1) The legal description of the cooperating
landowner's property;
(2)
information about the location on the river upon which the easement is
proposed;
(3) a description of the
type of projects proposed to be completed by and through the use of the
easement; and
(4) a date and time
by which any comments or responses to the director about the notice of intent
to issue easement must be received by reviewing agencies and
entities.
(d) A
determination of whether any prior easement in the county or counties in which
the project is proposed could conflict with the proposed easement shall be made
by the director. The notice of the intent to issue easement shall be sent by
the director to each person holding any prior easements that could
conflict.
(e) The notice of intent
to issue easement shall provide a comment period of at least 15 days and no
more than 30 days. During that time, any person receiving notice may submit
comments on the proposed easement to the director. The notice shall provide
information on how to submit comments to the director.
(f) The notice of intent to issue easement
may be sent by any means that the director specifies.
Notes
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