How do I make a request for a review of potential
excess right of way?
We require a request be submitted in writing. You need
to identify yourself, provide contact information such
as address and phone number, and identify the location
of the tract in question.
How do I identify the tract I want to be reviewed?
The best way is to send us a marked map or plan. You
can obtain a copy of the county appraiser's map that
contains the tract in question, mark the tract and send
it in. If a survey has been done that shows the property,
this also works well too. We can also work from just
the section-township-range or the quadrant of an intersection,
but it may take longer to identify the tract.
How long does it take to get excess right of way
The entire process can take as long as 6 to 9 months.
We are working hard to get this down to a shorter time,
but as can be seen there are a number of steps involved
and complications can arise.
How does KDOT handle a request for the sale of excess
right of way?
A lot depends on the tract. When a request to release
is first received we will do research to find out how
and when KDOT acquired the tract and if there appears
to be potential excess right of way.
If KDOT does own the tract in question, and if there
appears to be potential excess right of way involved,
the next step is the review process. Several KDOT bureaus
and the District Engineer for the district in which
the tract is located will examine the requested tract
to see if it will be needed for present or future highway
needs. If all agree that all or part of the property
is excess to the needs of the state, a legal description
will be written for the excess and it will be appraised.
An appraisal is necessary to determine fair market
value for each tract as derived from similar sales in
the vicinity of the property. Per K.S.A.
68-413, the statute that governs the sale of excess
right of way, in no case shall real estate be sold for
less than 2/3 of its appraised value unless an effort
to sell has resulted in no sale being effected. At that
time a reappraisement and additional sales effort may
After the appraisal is completed, the next step depends
on the nature of the property. K.S.A.
68-413 dictates that a tract will be advertised
under certain guidelines and sold at public auction.
If the Secretary of Transportation determines that a
sale by auction would be inappropriate, the real estate
may be sold in the manner deemed most expedient. In
practice, if the tract is accessible by a public thoroughfare,
an auction will usually take place. In the case of 'assemblage'
properties, which may only be assembled with an abutting
property, a sealed bid process will be most likely employed.
If an assemblage property has only one abutting property
owner, it may be offered to the abutting landowner by
Keep in mind that KDOT sometimes does not acquire full
ownership to a tract of ground. For example, the acquisition
of a tract by the right of eminent domain (condemnation)
after March 1, 1951, resulted in KDOT acquiring a permanent
easement interest. This interest can only be sold to
the underlying fee titleholder, which is often the original
property owner from which the permanent easement was
taken, or the heirs or assigns of that owner.
At times KDOT has teamed up with the underlying fee
titleholder in a joint sale, in which the combined interests
of KDOT and the underlying fee titleholder are offered
at one time through auction.
In a bid situation, the highest bid meeting the minimum
bid criteria will be awarded the property upon payment.
Once a property has received a successful bid or an
offer letter has resulted in acceptance, payment is
expected to be received by KDOT within 30 days. Upon
receipt of payment, a quit claim deed will be executed
What about Joint Use Agreements?
KDOT has the ability to enter into Joint Use Agreements
for the use of the highway right of way with abutting
property owners and businesses, local governmental agencies,
not-for-profit organizations, etc. The approval of a
Joint Use Agreement takes place in much the same manner
as a release of excess highway right of way. The payment
for use of the highway right of way is judged by the
intended use of the licensee. Joint use agreements are
executed for a predetermined amount of time and are
renewed periodically. Also, an agreement may be terminated
with reasonable notice by KDOT in the event that a need
is identified for the right of way covered by the agreement.