Session of 1999
HOUSE BILL No. 2490
By Committee on Environment
2-12
9 AN ACT relating to recreational trails; concerning certain duties of re-
10 sponsible parties; providing penalties for certain violations; amending
11 K.S.A. 1998 Supp. 58-3212 and 58-3213 and repealing the existing
12 sections.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1998 Supp. 58-3212 is hereby amended to read as
16 follows: 58-3212. (a) The responsible party, at all times after transfer of
17 the deed to the responsible party entering into the interim trail use and
18 rail banking agreement, shall:
19 (1) Perform the duties imposed by Control noxious weeds in accord-
20 ance with K.S.A. 2-1314 and amendments thereto along the recreational
21 trail;
22 (2) provide for the safety, use and accessibility of existing easements,
23 utility facilities and access licenses along the recreational trail;
24 (3) provide for trail-user education and signs regarding trespassing
25 laws and safety along the recreational trail;
26 (4) provide for litter control and the enforcement of laws prohibiting
27 littering along the recreational trail, including but not limited to trail-user
28 education and signs about laws prohibiting littering and the provision of
29 trash receptacles and the cleanup of trash and litter;
30 (5) develop and maintain the recreational trail in a condition that does
31 not create a fire hazard;
32 (6) designate the recreational trail for nonmotorized vehicle use with
33 exceptions only for motorized wheelchairs and maintenance, law enforce-
34 ment and emergency vehicles;
35 (7) prohibit hunting or trapping on or from the recreational trail;
36 (8) provide for law enforcement or professional security personnel
37 and security equipment along the recreational trail;
38 (9) grant easements to adjacent property owners to permit such own-
39 ers to cross the recreational trail in a reasonable manner consistent with
40 the use of the adjacent property and with K.S.A. 66-301 through 66-303,
41 and amendments thereto;
42 (10) (A) maintain any existing fencing between the trail and adjacent
43 property; (B) maintain any future fencing installed between the trail and
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1 adjacent property; (C) install between the trail and adjacent property
2 fencing corresponding in class to that maintained on the remaining sides
3 of such adjacent property; and (D) on request of an adjacent property
4 owner, pay one-half the cost of installing fencing between the trail and
5 such property owner's adjacent property with a fence of the class re-
6 quested by such property owner, if not all remaining sides of such prop-
7 erty are fenced install and maintain fencing consistent with section 2 and
8 amendments thereto; and
9 (11) (A) maintain the trail; (B) maintain all bridges, culverts, roadway
10 intersections and crossings on the trail, essential to the reasonable and
11 prudent operation of the trail or needed for drainage, flood control or
12 the use of easements for crossing the trail between adjacent properties,
13 or cause maintenance thereof by other parties that have assumed con-
14 tractual responsibility therefor; and (C) install and maintain any warranted
15 traffic signs on the trail.
16 (b) If the responsible party is not a governmental entity, the respon-
17 sible party shall file with the county clerk of each county where a portion
18 of the recreational trail is or will be located a bond or proof of an escrow
19 account in a Kansas financial institution, as defined by K.S.A. 16-117 and
20 amendments thereto, payable to the county. The bond or proof of an
21 escrow account shall be filed at the time of transfer of the deed to by the
22 responsible party immediately upon entering into the interim trail use and
23 rail banking agreement and annually thereafter. The bond or escrow ac-
24 count shall be conditioned on the responsible party's performance, and
25 shall be in an amount agreed upon between the responsible party and
26 the county commission as that the county commission determines reason-
27 able and sufficient to fully cover the annual costs, of:
28 (1) Weed control along the trail, as required by subsection (a)(1);
29 (2) litter control along the trail, as required by subsection (a)(4);
30 (3) maintenance of the trail in a condition that does not create a fire
31 hazard, as required by subsection (a)(5);
32 (4) installation and maintenance of fencing between the trail and ad-
33 jacent property within the county, as required by subsection (a)(10); and
34 (5) installation and maintenance of signs along the trail, as required
35 by subsections (a)(3), (a)(4) and (a)(11)(C).
36 If separate bonds are submitted to or escrow accounts established for
37 the various counties through which the trail transverses, the annual costs
38 listed above shall be only for that portion of the trail located within the
39 particular county that is the holder of the bond or beneficiary of the
40 escrow. A responsible party may submit a single bond or escrow account
41 with multiple counties respectively as coobligees or cobeneficiaries, but
42 in that event the annual costs used in computation of the bond amount
43 shall be for the entire trail length.
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1 (c) If the responsible party is not a governmental entity, the respon-
2 sible party shall file with the county clerk of each county where a portion
3 of the recreational trail is or will be located, proof of liability insurance
4 in an amount agreed upon between the responsible party and the county
5 commission as that the county commission determines reasonable and
6 sufficient. Such proof shall be filed at the time of transfer of the deed to
7 by the responsible party immediately upon entering into the interim trail
8 use and rail banking agreement and annually thereafter.
9 (d) The provisions of this section shall apply to all recreational trails,
10 regardless of when approval to enter into negotiations for interim trail
11 use is or was received from the appropriate federal agency.
12 (e) The provisions of this section may be modified or supplemented
13 by any city governing body for recreational trails within the corporate
14 limits of such city in the manner provided by K.S.A. 12-137 et seq. and
15 amendments thereto. If a city governing body adopts requirements in
16 addition to those provided by this section, the city shall pay all costs of
17 compliance with such additional requirements.
18 New Sec. 2. (a) At all times after receiving the notice of approval of
19 interim trail use from the appropriate federal agency:
20 (1) The responsible party shall maintain any existing fencing between
21 the trail and the adjacent property. Such fencing shall be maintained in
22 a condition consistent with the use of the adjacent property. Failure of
23 the responsible party, previous responsible party or a railroad that pre-
24 viously occupied the corridor to maintain existing fencing in an appro-
25 priate condition consistent with the use of the adjacent property shall not
26 relieve the current responsible party of the obligation to make repairs or
27 improvements. Such repairs and improvements shall include replacement
28 of existing fencing if necessary to bring the fencing into conformity with
29 the use of the adjacent property.
30 (2) The responsible party shall maintain any future fencing installed
31 between the trail and adjacent property in a condition consistent with the
32 use of the property.
33 (3) If no fencing exists between the trail and the adjacent property,
34 and all the remaining sides of the adjacent property are fenced, the re-
35 sponsible party, at the request of the adjacent property owner, shall install
36 fencing equivalent in function and similar in cost to that maintained on
37 the remaining sides of the adjacent property. The adjacent property
38 owner shall make the request for fencing in writing and shall clearly spec-
39 ify the type of fencing being requested and the approximate location for
40 the fencing. The responsible party shall install the fencing within 90 days
41 after receiving the written request from the adjacent property owner.
42 (4) If no fencing exists between the trail and the adjacent property,
43 and not all remaining sides of the property are fenced, the responsible
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1 party, at the request of the adjacent property owner, shall install fencing
2 consistent with the use of the land. The adjacent property owner shall
3 make the request for fencing in writing and shall clearly specify the type
4 of fencing being requested, the approximate location for the fencing and
5 the general use of the property to be enclosed. The responsible party
6 shall install the fencing within 90 days after receiving the written request
7 from the adjacent property owner. The adjacent property owner shall pay
8 1/2 the cost of installing such fencing.
9 (b) Nothing in this act shall preclude an adjacent property owner
10 from taking reasonable measures immediately necessary to temporarily
11 repair broken or damaged fencing enclosing livestock or property. The
12 adjacent property owner shall notify the responsible party, in writing, that
13 a temporary repair was necessary and specify the approximate location
14 where the temporary repair was made. The responsible party shall make
15 a permanent repair within 90 days after receiving notice of the broken or
16 damaged fencing.
17 (c) The county fence viewers, in accordance with K.S.A. 29-201
18 through K.S.A. 29-203 and amendments thereto, shall settle disputes re-
19 garding the cost or the appropriateness of the type of fence requested.
20 Sec. 3. K.S.A. 1998 Supp. 58-3213 is hereby amended to read as
21 follows: 58-3213. (a) Upon receipt of permission from the appropriate
22 federal agency to enter into negotiations for interim trail use, the respon-
23 sible party shall give written notice to each adjacent property owner that
24 the responsible party intends to build use the rail corridor for a recrea-
25 tional trail adjacent to the property owner's property. The responsible
26 party may utilize the addresses to which real estate tax statements are
27 sent, as maintained by county officials, for such notices. Such notice shall
28 be given by first-class mail unless the notice is returned undelivered, in
29 which case a further notice shall be given by certified mail. Further Ad-
30 ditional notice shall be published once each week for three consecutive
31 weeks in the official newspaper of the county in which such each county
32 where the trail or a portion of the trail is proposed to be located.
33 (b) Within 90 days after entering into the interim trail use and rail
34 banking agreement, the responsible party shall hold a public hearing and
35 receive public comment regarding corridor use or trail development, or
36 both. At least one public hearing shall be held in each county where the
37 trail or a portion of the trail is to be located. Notice of such public hearing
38 shall be published once a week for three consecutive weeks in the official
39 newspaper of each county where a hearing is required to be held.
40 (b) (c) Before commencing development or operation of a recrea-
41 tional trail, the responsible party shall:
42 (1) The responsible party shall prepare a project plan that includes:
43 (A) The name and address of the responsible party, (B) the registered
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1 agent for the responsible party, (C) an itemized estimate of the costs of
2 the project and, (D) sources of funding for the project, and (C) (E) a map
3 or maps of the recreational trail;.
4 (2) The responsible party shall submit by certified mail, not later than
5 180 90 days after receiving approval of interim trail use from the appro-
6 priate federal agency, the initial the last public hearing, a project plan to
7 the county commission of each county where a portion of the trail is to
8 be located outside of city limits and to the governing body of each city
9 where a portion of the trail is to be located inside the city limits;.
10 (3) submit the final project plan to the county commission of each
11 county where a portion of the trail is to be located outside of city limits
12 and The responsible party shall make subsequent reports to such the
13 county commission of each county where the trail or a portion of the trail
14 is to be located as to the status of trail development or operation, or both,
15 at intervals determined by the commission and. The responsible party
16 shall consider all recommendations the that each county commission has
17 regarding the trail; and and shall inform each county commission of any
18 change in the proposed plan. Notification of any change shall be made in
19 writing to the county commission or commissions within 10 days after the
20 date the change is determined necessary.
21 (4) submit the final project plan to the governing body of each city
22 where a portion of the trail is to be located inside the city limits and The
23 responsible party shall make subsequent reports to such city the govern-
24 ing body of each city where a portion of the trail is to be located inside
25 the city limits as to the status of trail development or operation, or both,
26 at intervals determined by the governing body and. The responsible party
27 shall consider all recommendations the that each city governing body has
28 regarding the trail and shall inform each such city governing body of any
29 change in the proposed plan. Notification of any change shall be made in
30 writing to the city governing body within 10 days after the date the change
31 is determined necessary.
32 (c) The responsible party shall complete development of a recrea-
33 tional trail within a period of time equal to two years times the number
34 of counties in which the recreational trail is located. Such period of time
35 shall begin only when the appeal period pursuant to subsection (d) of 16
36 U.S.C. 1247 (1983) has expired. Any time during which there is pending
37 any court action challenging the development or use of the trail shall not
38 be computed as part of the time limitation imposed by this subsection.
39 (d) The provisions of this section shall apply to only recreational trails
40 for which approval to enter into negotiations for interim trail use is re-
41 ceived from the appropriate federal agency on or after the effective date
42 of this act.
43 New Sec. 4. (a) Any responsible party other than a governmental
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1 entity, who violates or fails to comply with any of the provisions of this
2 act shall be guilty of a misdemeanor and, upon conviction, shall be pun-
3 ished by a fine of $100 per day for each day of violation or noncompliance
4 up to a maximum of $1,500 for each count.
5 (b) Nothing in this subsection shall invalidate any other remedy avail-
6 able under law.
7 Sec. 5. K.S.A. 1998 Supp. 58-3212 and 58-3213 are hereby repealed.
8 Sec. 6. This act shall take effect and be in force from and after its
9 publication in the statute book.