58-3801. Creation of solar easements; recordation. Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing. The instrument containing such easement shall be recorded with the register of deeds of the county within which the property affected by such easement is situated. History: L. 1977, ch. 227, […]
58-3802. Same; contents. Any instrument creating a solar easement shall include but the contents shall not be limited to: (a) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement; (b) any terms or conditions or both under which the solar easement […]
58-3810. Uniform conservation easement act; definitions. As used in this act, unless the context otherwise requires: (a) “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, […]
58-3811. Same; creation; duration; impairment; conveyance or assignment. (a) A conservation easement may be created only by the record owner of the surface of the land specifically stating the intention of the grantor to create such an easement under this act. (b) Except as otherwise provided in this act, a conservation easement may be created, […]
58-3812. Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court. (a) An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) a holder of the easement; (3) a person having a third-party right of […]
58-3813. Same; validity of conservation easement. A conservation easement is valid even though: (a) It is not appurtenant to an interest in real property; (b) it can be or has been assigned to another holder; (c) it is not of a character that has been recognized traditionally at common law; (d) it imposes a negative […]
58-3814. Same; application of act. (a) This act applies to any interest created after its effective date which complies with this act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. (b) This act applies to any interest created before its effective date if it would have been […]
58-3815. Same; uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the act among states enacting it. History: L. 1992, ch. 302, § 16; July 1.
58-3816. Same; certain utility and water district easements not impaired. Nothing in this act shall be construed so as to impair the rights of a public utility or city with respect to the acquisition of rights-of-way, easements or other property rights, whether through voluntary conveyance or eminent domain, upon which facilities, plants, systems or other […]
58-3817. Same; short title. This act shall be known and may be cited as the uniform conservation easement act. History: L. 1992, ch. 302, § 18; July 1.
58-3820. Restrictive covenants; political yard signs; limitations. (a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days before an election and ending two days after the election is […]
58-3821. Transfer fee covenant; definitions; not enforceable. (a) As used in this section: (1) “Transfer” means the sale, gift, conveyance, assignment, inheritance or other transfer of an ownership interest in real property located in this state; (2) “transfer fee” means a fee or charge payable upon the transfer of an interest in real property or […]
58-3822. Same; limitations. (a) On and after the effective date of this act, any transfer fee covenant, as defined in K.S.A. 2021 Supp. 58-3821, and amendments thereto, is hereby declared to be against public policy and such covenant shall be void and unenforceable. (b) The provisions of this section shall apply to any transfer fee […]
