chapter-70a•Chapter 70a — Sand and Gravel
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
From and after the taking effect of this act it shall be unlawful for any person, partnership or corporation to take from within or beneath the bed of any navigable river or any other river which is the property of the state of Kansas any sand, oil, gas, gravel or mineral, or any natural product whatsoever from any lands lying in the bed of any such river or any hay, timber or other products belonging to the state, except in accordance with this act.
History: L. 1913, ch. 259, § 1; April 30; R.S. 1923, 71-101.
(a) Whenever any person desires to take any sand, gravel, oil, gas, mineral, hay, timber or other materials from any river owned by the state or from any land in such river, the person shall obtain the consent of the director of taxation upon such terms of payment to the state of Kansas and under such terms and conditions as the director of taxation determines to be just and proper. Compensation for such products shall be paid to the state of Kansas at such times and under such terms as the director of taxation directs. With respect to river sand, the compensation shall be computed at the rate of $.15 per ton removed. The secretary of revenue shall determine, by rule and regulation, the amount of compensation to be paid for other materials removed from rivers owned by the state or from land in such rivers.
(b) No contract shall be entered into giving any person, company or corporation any exclusive privilege of making purchases under this act.
(c) Nothing herein shall prevent the taking without payment of any sand or gravel to be used exclusively for a person's own domestic use.
History: L. 1913, ch. 259, § 2; R.S. 1923, 71-102; L. 1961, ch. 311, § 1; L. 1990, ch. 250, § 1; L. 1992, ch. 109, § 1; L. 1996, ch. 47, § 1; July 1.
(a) If any compensation required by K.S.A. 70a-102, and amendments thereto, is determined by the director to be unpaid: (1) Not due to negligence or to intentional disregard of this act or rules and regulations promulgated by the secretary, interest on such compensation shall be added at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the compensation was due until paid; (2) due to negligence or to intentional disregard of this act or rules and regulations promulgated by the secretary, but without intent to defraud, a penalty of 10% of the amount of such compensation shall be added, together with interest at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the compensation was due until paid; (3) due to fraud with intent to evade the compensation, there shall be added thereto a penalty of 50% of the amount of such compensation, together with interest at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the compensation was due until paid.
(b) If any person fails or refuses to make any return, when required to do so under the provisions of K.S.A. 70a-101 et seq., and amendments thereto, such person shall be subject to a penalty of $25 per day for each return which such person fails or refuses to file.
(c) Whenever, in the judgment of the director, the failure of any person to comply with the provisions of subsection (a)(2) and (b) of this section, was due to reasonable cause, the director may, in the exercise of discretion, waive or reduce any of the penalties upon making a record of the reason therefor.
(d) In addition to all other penalties provided by this section, any person who: (1) Fails to make a return, or to pay any compensation required to be paid as required by K.S.A. 70a-101 et seq., and amendments thereto; or (2) makes a false or fraudulent return, or fails to keep any books or records prescribed by K.S.A. 70a-101 et seq., and amendments thereto; or (3) willfully violates any rules and regulations promulgated by the secretary for the enforcement and administration of K.S.A. 70a-101 et seq., and amendments thereto; or (4) aids and abets another in attempting to evade the payment of any compensation required to be paid, shall be subject to the penalty prescribed for other violations by K.S.A. 70a-108, and amendments thereto.
(e) The director of taxation shall examine all returns filed under the provision of K.S.A. 70a-101 et seq., and amendments thereto, and shall issue notices and final determinations of liability hereunder in the manner prescribed by K.S.A. 79-3226, and amendments thereto, relating to income taxes.
History: L. 2002, ch. 186, § 11; July 1.
The secretary of revenue is hereby authorized to make and publish in the Kansas register all needful rules, terms and conditions for the taking, purchasing or selling of the articles and products mentioned in this act, and to change the same as the rights of the state and the interests of the public may require. All valid rules and regulations of the director of purchases in force and effect when this act takes effect promulgated under the authority of article 1 of chapter 71 of the Kansas Statutes Annotated shall constitute and be rules and regulations of the secretary of revenue until revoked, superseded or amended by rules and regulations adopted by the secretary of revenue under the authority of this section and K.S.A. 71-102.
History: L. 1913, ch. 259, § 3; R.S. 1923, 71-103; L. 1961, ch. 311, § 2; L. 1981, ch. 324, § 22; January 1, 1982.
It shall be the duty of the attorney general, or any county attorney on direction of the governor, to bring any suit necessary or proper to protect the property rights of the state under this act; and any district court of competent jurisdiction may enjoin any violation of this act, and may award to the state adequate civil damages for any breach thereof.
History: L. 1913, ch. 259, § 4; April 30; R.S. 1923, 71-104.
(a) The proceeds derived from the sale of any state property under the provisions of article 1 of chapter 70a of Kansas Statutes Annotated shall be paid to the state treasurer by the director of taxation. The state treasurer shall deposit the entire amount in the state treasury and credit it to the sand royalty fund which is hereby created. At the end of each fiscal year, the amounts payable to the drainage districts and counties from the proceeds derived from sand taken from the bed of any navigable stream shall be paid from the sand royalty fund to drainage districts and counties as provided by K.S.A. 82a-309 and amendments thereto.
(b) All necessary and reasonable expenses incurred by the director of taxation in carrying out the provisions of this act shall be paid from the sand royalty fund. On or before the 15th day of each month, the director of accounts and reports shall transfer moneys in the sand royalty fund to the state water plan fund created by K.S.A. 82a-951 and amendments thereto in an amount certified monthly by the director of taxation as equal to the moneys in the sand royalty fund at the end of the preceding month in excess of those needed for: (1) Payment of such expenses incurred by the director of taxation; and (2) annual payments to drainage districts and counties as provided by K.S.A. 82a-309 and amendments thereto.
History: R.S. 1923, 71-105; L. 1961, ch. 311, § 3; L. 1974, ch. 295, § 10; L. 1976, ch. 311, § 5; L. 1995, ch. 238, § 1; L. 1996, ch. 144, § 1; July 1.
For the purposes of this act the bed and channel of any river in this state or bordering on this state to the middle of the main channel thereof and all islands and sand bars lying therein shall be considered to be the property of the state of Kansas unless this state or the United States has granted or conveyed an adverse legal or equitable interest therein since January 29, 1861 A.D., or unless there still exists a legal adverse interest therein founded upon a valid grant prior thereto: Provided, That nothing in this act shall affect or impair the rights of any riparian landowner or lawful settler upon any island which is state school land.
History: L. 1913, ch. 259, § 6; April 30; R.S. 1923, 71-106.
The director of taxation is authorized and empowered to call to his or her assistance in the administration of this act all county and township officers, and it is hereby made the duty of every such officer to aid in the enforcement of this act.
History: L. 1913, ch. 259, § 7; R.S. 1923, 71-107; L. 1961, ch. 311, § 4; July 1.
Any person or corporation violating any provision of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment; and for purposes of prosecution it shall be prima facie proof that the river bed or island involved in such suit is the property of the state to show by the records of the county clerk and register of deeds that the same is not recorded as patented by the United States or by the state of Kansas or recorded as school land sold but not yet patented by the state of Kansas, or otherwise held by record title.
History: L. 1913, ch. 259, § 8; April 30; R.S. 1923, 71-108.
This act shall be liberally construed to promote its object and if any competent court shall adjudge any provision thereof to be unconstitutional such judgment shall not affect the other provisions of this act.
History: L. 1913, ch. 259, § 9; April 30; R.S. 1923, 71-109.
History: L. 1933, ch. 295, § 1; Repealed, L. 1961, ch. 311, § 8; July 1.
History: L. 1933, ch. 249, § 1; Repealed, L. 1961, ch. 311, § 8; July 1.
History: L. 1933, ch. 249, §§ 2 to 4; Repealed, L. 1953, ch. 375, § 95; July 1.
The director of taxation shall, by and with the consent of the governor, have power to bring all suits and institute or defend any and all proceedings necessary to be brought or defended in any action to protect the interests of the state, and to carry out the provisions of chapter 70a of the Kansas Statutes Annotated, and of any and all acts or parts of acts amendatory thereof or supplemental thereto.
History: L. 1933, ch. 249, § 5; L. 1961, ch. 311, § 5; July 1.
It being intended by the provisions of this act, and the purpose thereof, that no part of the proceeds derived from the sale of oil and gas shall be distributed or paid to any county or drainage district within the state of Kansas.
History: L. 1933, ch. 249, § 8; March 10.
History: L. 1933, ch. 249, § 9; Repealed, L. 1961, ch. 311, § 8; July 1.
History: L. 1933, ch. 249, § 10; 1943, ch. 277, § 27; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1933, ch. 62, § 3; Repealed, L. 1953, ch. 375, § 95; July 1.
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