Kan. Admin. Regs. § 98-8-3 - Review of notice of intent to grant easement
(a) After the comment period specified in the
notice of intent to grant easement has ended, the application, any comments or
responses received, and the proposed project shall be reviewed by the
director.
(b) No easement shall be
granted until applicable program funding for the project has preliminary
approval, if the project depends on a federal, state, or local program for
funding.
(c) If, after review, the
director determines that the application meets the statutory requirements for
an easement in
K.S.A.
82a-220 and amendments thereto, notice of the
approval shall be sent to the cooperating landowner and the fees necessary for
filing the easement shall be collected by the director.
(d) If, after review, the director determines
that the application does not meet the statutory requirements for an easement
or that the comments and responses received from those receiving the notice of
intent to grant easement raise questions or issues that need to be resolved
before an easement should be granted, a notice of cancellation of the intent to
grant easement that provides the cooperating landowner with information about
the concerns raised or problems to be addressed shall be issued by the
director. The notice of cancellation shall indicate that the notice of intent
to grant easement will be cancelled on a date certain, but not less than 15
business days after the date of the notice to cancel. The notice of
cancellation shall be sent to all entities that received the notice of intent
to grant easement.
(e) The
cooperating landowner may, before the date indicated in the notice of
cancellation, provide additional information or data or address concerns. If
the director determines that the additional information provided adequately
addresses concerns noted in the notice of cancellation, the easement may be
granted after the director provides a summary of the information to all
receiving notice under this regulation. An easement may be granted by the
director if no person receiving notice files an objection within 10 days. Each
objection shall be reviewed by the director to determine if the objection would
change the director's intent to grant the easement.
Notes
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