Land and Other Real Property

Adverse Possession

Helpful publications on adverse possession in Kansas

Boundaries and Surveys – What Are the Rules? , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (Dec 2020).
Is That Old Fence Really the Boundary? , by Roger A. McEowen on the Agricultural Law and Taxation Blog (April 2021).

Applicable Laws

K.S.A. 60-503. Adverse Possession.
Pyle v. Gall, 317 Kan. 499 (2023). This case has a thorough discussion of the elements of prescriptive easement.

Annexation

Helpful publications on annexation issues in Kansas

Local Government, N-1 Boundary Changes—Annexation (PDF) , from the Kansas Legislator Briefing Book 2016, by the Kansas Legislative Research Department.

Conservation Easements

Helpful publications on conservation easements

A Landowner’s Guide to Conservation Easements in Kansas (PDF) , by Wendee D. Grady, Director of The Kansas Farm Bureau Legal Foundation (March 2019).
Conservation Easement Audit Techniques Guide (PDF) , produced by the Internal Revenue Service (January 2018).
Permanent Conservation Easement Donation Opportunities and Perils , by Roger McEowen, on the Agricultural Law and Taxation Blog (September 2016).
Permanent Conservation Easement Donation Transactions Find Their Way to the IRS “Dirty Dozen” List , by Roger A. McEowen, on the American Law and Taxation Blog (April 2019).
The Tax Rules Surrounding the Donation of a Permanent Conservation Easement (PDF) , from Washburn Agricultural Law & Tax Report, by Roger A. McEowen at Washburn University School of Law (November 2016).
What Landowners Should Know When Considering Conservation Easements, Insights from Colorado Landowners (PDF), by Hoag, Marshall, and Seidl with the Department of Agricultural and Resource Economics, Colorado State University, and by Mucklow with Routt County, Colorado, County Extension.

Applicable Laws

Kansas has adopted the Uniform Conservation Easement Act at K.S.A. 58-3810, et seq. These statutes can be viewed at the Kansas Revisor of Statutes website here.

Eminent Domain

Helpful publications on eminent domain

Eminent Domain (PDF) , a memorandum prepared by the Kansas Legislative Research Department in 2014.
Eminent Domain and Agriculture , by Roger A. McEowen, on the American Law and Taxation Blog (June 2019).
Regulatory Takings – Pursuing a Remedy , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (October 2019).

Fence Law

Helpful publications on Kansas fence law

Kansas Fence Law (PDF) , from Washburn Agricultural Law & Tax Report, by Roger A. McEowen at Washburn University School of Law.
Kansas Fence Law, through the Ag Law Series (PDF) , from K-State Research and Extension, by Roger A. McEowen.
On The Road, Gates and Cattle Guards (PDF), by Norm Bowers in the County Comment (June 2018).

Applicable laws

An unofficial copy of Kansas fence laws (PDF) compiled by the National Agricultural Law Center.

Foreign Ownership of Agricultural Land

Helpful publications on foreign ownership of agricultural land

Answering to AFIDA: Reporting Requirements of Foreign Agricultural Land Investments, by Micah Brown with the National Agricultural Law Center (Nov 2022).
Foreign Ownership of Agricultural Land: A Legislative Roadmap Primer, by Micah Brown with the National Agricultural Law Center (May 2023).

Applicable Laws

Agricultural Foreign Investment Disclosure Act (PDF), available on the Congress.gov website.
See K.S.A. 17-5904, pertaining to ownership and lease of agricultural land in Kansas by certain entities, available on the Kansas Revisor of Statutes website.

Other helpful websites on foreign ownership of agricultural land

Agricultural Foreign Investment Disclosure Act (AFIDA) information is available on a Farm Service Agency website dedicated to its responsibility to implement federal laws and regulations relating to foreign ownership of agricultural land.

Landowner Liability Issues

Helpful publications on landowner liability

Kansas Prescribed Burning – Rules and Regulations, by Roger McEowen with K-State Research and Extension (Aug 2022).
Landowner Liability: An Overview , by The National Agricultural Law Center.

Land Leases

Helpful publications on Kansas ag leases

Forms:For a variety of agricultural lease forms, visit the Kansas State University Department of Agricultural Economics AgManager website.
Forms: For a variety of agricultural lease forms, visit the North Central Farm Management Extension Committee’s Ag Lease 101 website.
Kansas Agricultural Lease Law (PDF) , from Washburn Agricultural Law & Tax Report, by Roger A. McEowen at Washburn University School of Law.
Is it a Farm Lease or Not? – And Why it Might Matter , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (Nov 2020).
Kansas Agricultural Lease Law (PDF) , from K-State Research and Extension, by Jerrod A. Westfahl.
Leasing the Land and the Water (PDF) , by Wendee D. Grady, Kansas Farm Bureau Legal Foundation.
Tax Considerations When Leasing Farmland , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (April 2021).

Applicable laws

KSA 58-220. Agister’s Lien; recording with register of deeds; sale for charges and expenses
K.S.A. 58-2506. Termination of farm or pastureland tenancy; notice.
K.S.A. 58-2506a. Termination of farm tenancies; landlord’s liability for certain substances and services provided by tenant.

Helpful publications on cell tower leases

Cellular Antenna Leases: A Checklist for Landlords , by Angel Law Offices.
Negotiating Cell/Wireless Tower Agreements , by Roger McEowen, on the Agricultural Law and Taxation Blog.

Helpful publications on oil and gas leases

Should I Enter Into An Oil and Gas Lease? by Roger A. McEowen, on the Agricultural Law and Taxation Blog.

Other helpful websites for land leasing information

The Center for Agriculture & Food Systems at Vermont Law School has developed a Farm Lease Builder (Online Form), allowing farmers to build a draft of their own lease.
The Kansas State University Department of Agricultural Economics has gathered helpful land and leasing resources on its AgManager website.
The North Central Farm Management Extension Committee has developed the Ag Lease 101 website to provide information on agricultural leasing.

Land Transactions

Helpful publications on land transactions

Forms: The Kansas Bar Association has provided some helpful deed forms on its website.

Lead-Based Paint (Residential Disclosures)

Helpful publications on Lead-Based Paint

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (PDF), a Lessor disclosure form available on the EPA’s website.
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (PDF), a Seller disclosure form available on the EPA’s website.
Protect Your Family from Lead in Your Home (PDF), an informational brochure available on the EPA’s website.

Applicable laws

Statutes, executive orders, and regulations relating to lead-based paint can be found at the EPA’s website.

Pipeline Easements

Helpful publications on pipeline easements

Understanding and Negotiating Pipeline Easements , by Peggy Kirk Hall and Christopher Hogan, with Ohio State University Extension’s Agricultural and Resource Law Program.
Texas Pipeline Easement Negotiation Checklist (PDF) , by Tiffany Dowell, with Texas A&M AgriLife Extension Service.

Rails-to-Trails

Applicable laws

The recreational trails act, KSA 58-3211 et seq., available from the Kansas Revisor of Statutes website.
K.S.A. 66-525, the Kansas statute governing railroad right-of-way abandonment, available on the Kansas Revisor of Statutes website.

Helpful publications and resources on Rails-to-Trails

A Primer on Rails-to-Trails Conversions in the Eastern U.S. , by Garrett M. Gee, Staff Attorney, William & Mary Environmental Law and Policy Review (2016).
An Adjoining Landowner’s Guide to Rails-to-Trails in Kansas , by Wendee D. Grady, Director of the Kansas Farm Bureau Legal Foundation.
For a good legal review of the history of Rails-to-Trails, including ownership issues, and a discussion of how the nature of the original grant to the railroad (a fee simple v. an easement) can change the result upon abandonment, read Rails-to-Trails Conversions: A Legal Review , by Andrea C. Ferster, with the Rails-to-Trails Conservancy.
Legal Issues Associated With Abandoned Railways , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (May 2019).
The National Trails System Act: A Fifth Amendment Taking of Private Property (pre-recorded video webinar, requires member login), by Meghan Largent (Dec. 2019). This 1-hour webinar walks through the federal program that authorizes the conversion of abandoned railroad rights-of-way into public recreational trails. It was recorded in conjunction with the Legal Foundation’s Ag Law Briefs webinar series, and requires KFB member login to view.
Rails-to-Trails, a Tale of Uncompensated Kansas Land Takings [Biery v. United States, 753 F.3d 1279 (Fed. Cir. 2014)] (PDF) , by Corey L. Moomaw, in the Washburn Law Journal, Vol. 55 (2015-2016).

Helpful websites on Rails-to-Trails issues

To view maps of abandoned and railbanked rail lines, visit the Surface Transportation Board’s Railroad Map Depot.
The federal agency with authority to regulate railroads is the Surface Transportation Board. They have information about abandonment and railbanking in the public information section of their website.

Renewable Energy and Transmission Contracts

Click here to learn more about renewable energy and transmission contracts, located in the "Renewable Energy" section.

Water Law

Click Here to go to Water Law, located in the "Environment" section

Zoning and Land Use

Helpful publications on zoning and land use

Ag Zoning Potpourri , by Roger A. McEowen on the Agricultural Law and Taxation Blog (Feb. 2021).
Agricultural Land Use and Zoning (pre-recorded video webinar, requires member login), by Jesse J. Richardson, Jr. is a Professor of Law and the Lead Land Use Attorney at the Land Use and Sustainable Development Law Clinic at the West Virginia University College of Law, and the Legal Advisor for Water Systems Council (July 2020).
Land Use Controls and Zoning , by Terence E. Leibold and Matthew S. Gough, for the Kansas Bar Association’s Kansas Real Estate Practice & Procedure (p. 1-1, 1998).
What Can They Do? Limitations on the Power of Local Zoning Authorities , by Patrick B. Hughes, for The Journal of the Kansas Bar Association (p. 28, January 2007).
Zoning Limitations and Opportunities for Farm Enterprise Diversification: Searching for New Meaning in Old Definitions , by Robert Andrew Branan, for the National Agricultural Law Center (May 2004).

Applicable Laws

KSA 12-758, the Kansas statute setting forth the general planning process for counties and cities, available on the Kansas Revisor of Statutes website.
KSA 19-2908, the Kansas statute setting forth the zoning exemption for agricultural lands in townships, available on the Kansas Revisor of Statutes website.
KSA 19-2921, the Kansas statute setting forth the county zoning exemption for agriculture, available on the Kansas Revisor of Statutes website.
KSA 19-2960, the Kansas statute setting forth the zoning exemption for agricultural lands in urban counties, available on the Kansas Revisor of Statutes website.

Other helpful websites on zoning and land use

More zoning and land use resources can be found under the Agritourism resources section.