REVISED
SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2531
As Further Amended by House Committee on
Agriculture

Brief*
HB 2531, as further amended, would allow, upon
approval by a board of county commissioners
(commissioners) or board of township trustees (trustees), any
person engaged in an agricultural activity to construct,
maintain, and operate pipelines in pursuit of an agricultural
activity along, upon, under, and across the right-of-way of any
county or township road, as defined in law and in conformity
with laws and regulations of the state and county in which the
pipeline is located.
[Note: “Agricultural activity” is defined in KSA 2-3203 as
the growing or raising of horticultural and agricultural crops,
hay, poultry, and livestock, and livestock, poultry, and dairy
products for commercial purposes and includes activities
related to the handling, storage, and transportation of
agricultural commodities.]

Permitted Use of Right-of-way
The bill would allow all pipelines used in an agricultural
activity that are installed in the road right-of-way prior to the
effective date of the bill (July 1, 2022) to be considered
authorized by the commissioners or trustees and would be
ratified as permitted uses of the right-of-way. The bill would
create an exception for pipelines installed in violation of an
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
express prohibition by commissioners or trustees at the time
of the pipeline’s installation.

Board of County Commissioners or Board of Township
Trustees
Requirements for Commissioners and Trustees
The bill would require commissioners in a county that
has adopted a county road unit system pursuant to state law
to accept applications, approve or deny those applications,
and oversee any approved agricultural activity pipeline.
In a county where a country road unit system has not
been adopted, the appropriate trustees would be required to
accept applications, approve or deny those applications, and
oversee any approved agricultural activity pipeline.
Application Process
The bill would allow any person engaged in an
agricultural activity to request the commissioners or trustees
to approve a pipeline by submitting a written application to the
county clerk. The application would be required to include the
location, design, and specifications of the pipeline. The bill
would require the person who makes the request and submits
the application to be the owner of the pipeline upon approval
of the pipeline.
The bill would require the application to provide the
location of all locatable underground facilities in the area of
the work and in the vicinity of the excavation. The bill would
also require the governing body to notify each owner of the
underground facilities and the owner of any land located
within a quarter of a mile of the excavation.


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Consideration of Applications
The bill would provide that any application to use or
occupy a specific portion of a road right-of-way would not be
denied or approved with conditions without reasonable notice
and an opportunity for a public hearing before the
commissioners or trustees.
The commissioners or trustees would be required to
approve or deny the application by resolution within 90 days
of receipt by the county clerk. The bill would deem the
application approved if the commissioners or trustees take no
action within 90 days.
The bill would allow any approval or denial to be
appealed pursuant to law that allows commissioners or
trustees decisions to be appealed to the district court.
Decision Requirements
The bill would prescribe that any decisions made by the
commissioners or trustees would be:
● Limited to whether the pipeline interferes with
public travel upon the road, the management of
conflicting uses of the road right-of-way, or the
ability of the county or township to maintain the
road or right-of-way; and
● Reasonable and not arbitrary, capricious, or
discriminatory.
Requirements for Pipeline Owners
The bill would require a pipeline owner to maintain the
pipeline at the owner’s expense. The owner would be
required to provide notice to the county of any maintenance
activity that may require the temporary closing of a road or
obstruction of traffic.
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 The bill would provide the commissioners or trustees
with the discretion to require the pipeline owner to:
● Repair all road or right-of-way damage caused by
the owner, or any agent, affiliate, employee, or
subcontractor of the owner, while occupying,
installing, repairing, or maintaining the pipeline;
● Return the road and right-of-way to its functional
equivalence before the damage pursuant to the
reasonable requirements and specifications of the
county or township; or
● Provide bond or liability insurance to cover costs of
pipeline removal should pipeline ownership be
abandoned or if the owner should become
deceased.
Failure to Repair
The bill would authorize the county or township to make
the repairs to the road and right-of-way and charge the
pipeline owner for the repairs, if the owner fails to make the
required repairs.
The bill would also authorize the county or township,
upon incurring damages as a result of a violation of the bill’s
provisions, to have a cause of action against the pipeline
owner for the violation and would allow the county or
township to recover damages, including reasonable attorney
fees, if the owner is found liable by a court.

Relocation
The bill would require, upon request of the
commissioners or trustees, a pipeline owner to promptly
relocate or adjust the pipeline within the road or right-of-way
at no cost, in order to accomplish construction and

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maintenance activities directly related to improvements to the
road or right-of-way.
The relocation or adjustment would be required to be
completed as soon as reasonably possible within the time set
forth in the request by the county or township. The bill would
require the owner to pay for any damages suffered by the
county, township, or its contractors as a result of the pipeline
owner’s failure to timely relocate or adjust its facilities.

Vacated Road
The bill would require, upon the commissioners vacating
a road pursuant to state law, the pipeline owner to remove the
pipeline within a reasonable amount of time, as determined
by the commissioners, unless written permission is obtained
from all persons acquiring the property interest of the county
after the road has been vacated.
The bill would require, if removal is required, the pipeline
owner to return the property to its functional equivalence
before the removal. If the owner fails to make the repairs, the
persons acquiring the property interest would have a cause of
action against the pipeline owner and could recover
damages, including reasonable attorney fees, if the owner is
found liable in a court of competent jurisdiction.

Transfer of Pipeline
The bill would require, upon transfer of any portion of a
pipeline, the pipeline owner to notify the county clerk of the
transfer.

Locatable Facility
The bill would require any pipeline permitted under this
act and installed on or after the effective date of the bill to be
a locatable facility, as defined in law.
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Transportation Laws
The bill would state that nothing in this act would
supplant any local, state, or federal laws regulating the
transportation of any substance.

Background
The bill was introduced by the House Committee on
Agriculture at the request of a representative of the Kansas
Livestock Association.

House Committee on Agriculture
[Note: The proponents and opponents both discussed
during their testimonies a court case in Phillips County that
was decided in favor of a landowner upon whose property a
pipeline for a nearby hog facility had been placed, without
permission from the landowner, in the road right-of-way
bordering the landowners’ property. The court order stated it
was disputed by both parties whether the board of county
commissioners had given implied consent for the pipeline to
be installed.]
In the House Committee hearing on February 14, 2022,
proponent testimony was provided by a representative of
landowners in Phillips County, two private citizens, a County
Commissioner of Phillips County, an attorney representing
landowner clients, and a representative of the Kansas
Livestock Association. The proponents expressed concerns
about the ramifications of the lawsuit going forward,
potentially blocking the ability of agricultural businesses from
placing agricultural use pipelines in the road right-of-way, as
has been common practice.
Written-only proponent testimony was provided by
representatives of the Kansas Farm Bureau and Kansas Pork
Association.

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 Opponent testimony was provided by two private
citizens, an attorney representing landowner clients, and a
representative of the Kansas Sierra Club. The opponents
stated the bill violates basic property law rights and seeks to
treat agricultural use pipeline owners like public utilities
without any benefit to the public.
Written-only opponent testimony was provided by the
County Engineer for Butler County, a Kansas Association of
Counties (KAC) local road engineer, and a representative of
the Kansas Legislative Policy Group.
Neutral testimony was provided by the Chief Engineer,
Utilities Division, Kansas Corporation Commission, and a
representative of KAC. Written-only neutral testimony was
provided by a representative of Kansas Electric Cooperatives,
Inc., and the Riley County Director of Public Works.
On February 21, 2022, the House Committee amended
the bill to:
● Require applications to provide information
regarding the location of locatable underground
facilities in the area of the work and in the vicinity
of the excavation;
● Require the governing body to notify each owner of
underground facilities and landowners of the
application;
● Add “the management of conflicting uses of the
road right-of-way” to the considerations a board
may use to make a decision on an application;
● Require a pipeline owner to provide notice to the
county of any maintenance activity that may
require the temporary closing of a road or
obstruction of traffic; and


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 ● Require any permitted pipeline installed after the
effective date of the bill to be a locatable facility.
On February 23, 2022, the bill was withdrawn from the
House Calendar and referred to the House Committee on
Appropriations. On March 1, 2022, the bill was re-referred to
the House Committee on Agriculture.
On March 2, 2022, the House Committee further
amended the bill to:
● Add references to “board of township trustees”;
● Require commissioners in a county that has
adopted a county road unit system to accept
applications, approve or deny applications, and
oversee approved pipelines;
● Require trustees in a county that has not adopted a
county road unit system to accept applications,
approve or deny applications, and oversee
approved pipelines;
● Require the person who makes an application to
the commissioners or trustees to be the same
person who owns the pipeline;
● Authorize commissioners and trustees to require
the owner of a pipeline to provide bond or liability
insurance to cover costs of pipeline removal should
pipeline ownership be abandoned or if the owner
becomes deceased;
● Provide for the process of removal of pipelines if
the commissioners or trustees vacate a road and
allowance for lawsuits;
● Require notification if ownership of a pipeline is
transferred; and
● Make technical amendments.
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Fiscal Information
The fiscal note prepared by the Division of the Budget
on the bill, as introduced, states the KAC states enactment of
the bill would increase administrative oversight costs for the
application process and appeal hearings. According to the
KAC, the bill would put counties at risk of paying for road
damages or lawsuits if an applicant damages a road and is
unable or unwilling to pay for repairs.
Local government; right-of-way; counties; townships; pipelines; agricultural activities


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