Bureau of Right of Way
General Requirements for Removal of Structures
The following is a description of the generally used requirements for the removal of structures purchased at public auctions or retained by landowners purchased due to a Kansas Department of Transportation highway project. Not all of the listed requirements may apply to all structures and there may be additional requirements not listed below. A list of the specific requirements for the removal of a specific structure to be auctioned or retained will be available at the auction inspection, at the auction, and will be attached and made a part of the performance bond. A copy of the removal requirements can also be requested by contacting the Kansas Department of Transportation, Property Management toll free at 1-877-461-6817.
The retaining landowner or successful bidder of the structure will be required to post a performance bond, usually in the amount of $4,000 or less, to insure that the removal requirements are fulfilled by the date specified in the performance bond. Any items not removed from the right of way on or before the specified date shall revert to and becomes the property of the Kansas Department of Transportation. The retaining landowner or purchaser shall have no right, title, interest or claim to or lien upon said remaining items or part thereof nor any claim against the Department of Transportation for the retention value or sales prices paid and bond deposited after said date. The bond shall be forfeited and used for the purpose of completing the clean up of the site. Any moneys not used for the completion of the clean up shall be deposited into the general fund of the Kansas Department of Transportation.
The retaining landowner or successful bidder shall not permit use or occupancy of said structure pending removal from highway right of way beyond the occupancy of the retaining landowner(s) in accordance with their relocation. The retaining landowner or purchaser shall during the interim period of moving the improvement and filling the basement, mark off the entire area with fencing warning the public of the opening. Said fencing shall be constructed with fence posts and orange snow fencing with the posts no further than 10 feet apart. Retaining landowner or purchaser shall maintain the protective fencing until the basement is filled.
The date that the requirements will need to be completed by will be listed in the notice of the auction and in the performance bond. The retaining landowner or purchaser may request an extension to the completion date. The given date is usually established based on the associated project dates and schedule and time is generally limited. The retaining landowner or purchaser must make all efforts to complete the removal requires prior to the specified date. Extensions are given on a case by case basis and failure to complete the removal requirements by the given date may result in the forfeiture of the performance bond.
Foundation and Other Concrete Items
Foundation walls and slabs shall be broken up and buried by the retaining landowner or purchaser no less then two foot below ground level, or removed from the site. The retaining landowner or purchaser shall fill the basement to grade level and shall be required to bring sufficient off-site backfill material to complete the filling of the area so little settling occurs and the natural slope of the surrounding area is followed. There shall be no water pooling areas left on the site. No soil from the surrounding area may be used to fill the basement area. The basement must be filled in a timely manner after the removal of the structure.
No wood, trees, shrubs or other debris shall be used as fill in the basement. If it is necessary for surrounding trees to be cut down, the stumps of the trees must be at least two (2) foot above grade level. An exception would be if the home needs to be driven through the area where the tree stood.
All concrete including sidewalks, driveways, garage aprons, and patios shall be buried or removed from the site. All concrete must be buried no less than two feet below ground level.
Miscellaneous items, such as porches, decks, etc., including all debris must be removed from the property by the retaining landowner or purchaser.
Septic Tanks, Sewers, and Utilities
If there is a septic tank on the property the retaining landowner or purchasers will be responsible to pump out the septic tank. Depending on local requirements the retaining landowner or purchaser will be required to collapse the septic tank, remove the septic tank, or fill the septic tank with sand. The retaining landowner or purchaser shall bring the area to grade level and shall be required to bring sufficient off-site backfill material to complete the filling of the area so little settling occurs and the natural slope of the surrounding area is followed. No soil from the surrounding area may be used to fill the area. The area must be filled in a timely manner after the removal or collapsing of the septic system. Documentation that the tank was pumped and collapsed, removed, or filled must be provided to the KDOT. This documentation of certification may be from a licensed septic installer. If the retaining landowner or purchaser intends on collapsing the tank himself or herself, the retaining landowner or purchaser may be required to contact the local health or zoning department and request an agent to be present to inspect the completion of the task and provide documentation that the task had been competed.
The retaining landowner or purchaser shall have all utilities turned off and disconnected, and all sewer and water lines shall be capped and plugged in accordance with local health and zoning codes.
Completion of Removal Requirements
Upon the completion of the requirements, the Kansas Department of Transportation will make a final inspection prior to releasing the performance bond. If it is determined that the requirements for removal of the structure have been satisfactorily completed the performance bond will be released back to the retaining landowner or purchaser.
To request removal requirements or ask questions about the removal of structures you may write to;
Kansas Department of Transportation
Or call toll Free at 1-877-461-6817
Department of Transportation