Bureau of Right of Way


Definitions of Terms


Condemnation - When negotiation for highway right of way does not reach a mutual agreement, the highway right of way is acquired by the process of condemnation: that is, the acquisition for highway purposes through legal proceedings under the power of eminent domain. Tracts acquired in this way after March 1, 1951 have resulted in KDOT owning a permanent easement, which is less than full fee simple title to the tract.

Fee Simple Title - The maximum estate of ownership possible of a real property, limited only by controls placed upon it through government powers or the actions of current or prior owners.

Permanent Easement for Borrow - Land in which KDOT has obtained the necessary approvals for removal of material for the construction of highway embankment.

Permanent Easement for State Highway Purposes - Land acquired by KDOT through condemnation after March 1, 1951 or as a permanent easement at the property owner's request. This is a lesser estate than fee simple title, which is how land is held that is purchased by or dedicated to KDOT. The way in which KDOT holds title will dictate the manner in which the property may be released.

Underlying Fee Titleholder - In the case of KDOT holding less than fee simple interest (as in a permanent easement), the remaining interests are owned by the underlying fee titleholder. This is often the original property owner from which the permanent easement was taken, or the heirs or assigns of the original owner.

 R/W Inventory & Disposal

Excess Right-of-Way - Land, property or the interest therein owned by KDOT that is no longer needed to upgrade, preserve or maintain KDOT facilities.

Potential Excess Right of Way - Highway right of way that appears to be no longer needed to upgrade, preserve or maintain KDOT facilities. Potential excess right of way may become excess right of way only when it has been reviewed by the designated Bureaus within KDOT and the District Engineer and through this review has been deemed no longer needed for the above purposes.


Automobile Graveyard - The term "Automobile Graveyard" shall mean an establishment which is maintained, used, or operated, for storing, keeping, buying, or selling ten (10) or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicle.

Junk - The term "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, - trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

Junkyard - The term "Junkyard" shall mean an establishment which is maintained, operated, or used for storing, keeping buying, or selling junk, or for the maintenance or operation of an automobile graveyard.