Land and Real Property Transactions

Chapter 7650

Issued June 25, 2021, Updated October 8, 2026

Table of Contents

.010 Introduction

This policy establishes the process for transactions of land and other real estate owned by the university as required by state statutes and approved by the Kansas Board of Regents.

.020 Definitions

“Real property” means fixed property, principally land and buildings.

“Lease” means a legal agreement in which one person or company is allowed to use property owned by someone else for a specified period. Facility use agreements that are less than one month are considered short term license agreements and are not covered under this policy.

.030 General Information

The University recognizes that:

a. The purpose of an external entity may coincide with or completment that of the University;

b. University real property may be particularly well-suited for specific uses by exxternal entities; and

c. Excess capacity may exist for certain real property during certain times of the year.

As a result of such recognition, the University allows for the use or sale of university-owned real property as specified below and formalized by written agreement.

The University also recognizes that needs may exist that cannot be met by the availability of university owned real property.

A. Land Sale and Acquisition

The disposal, or sale of property, requires prior KBOR and Kansas Legislature approval. The acquisition of any real property by the University requires prior approval by KBOR. Both types of land transactions are subject to relevant state statutes and KBOR policies.

B. Real Property Lease Agreements

i. All leases of real property to or from the University shall be submitted to and approved by university general counsel’s office as to form and legal sufficiency and approved by the president of the University except as specifically provided by below in section ii.

ii. If authorized by the University President, university real property leases, to include subleases of real property, may be executed by the vice president of administration and finance, without president approval unless:

a. The lease involves construction on university owned property;

b. The lease is an oil, gas or mineral lease covered by K.S.A. 76-165;

c. The lease is for a term of more than 10 years; or

d. The lease is for an amount in excess of $100,000 per year.

iii. All leases of university own real property for less than fair lease -market value must meet the following criteria:

a. The use of the leased space is determined by the president to benefit the institution.

b. The rental rates are certified by the university’s chief financial officer as fair and equitable for the type of lease arrangement, which may include non-monetary considerations.

iv. No real property owned or controlled by the State of Kansas shall be leased unless a notice of intention to lease said property has been published at least thirty days prior to execution of any documents; provided, however, that this requirement shall not be imposed on leases with another state agency or a political subdivision. (K.S.A. 75- 430a(d)).

v. No lease of land for the production of oil, gas or other minerals shall be for a period of more than ten years and so long as oil, gas or other minerals are produced in paying quantities thereon, shall be awarded only upon competitive bids pursuant to K.S.A. 76-165, and shall retain to the state a royalty interest of not less than one eighth part of all oil, gas or other minerals produced. When a state university leases land for the production of oil, gas, sand, gravel or any other mineral, the university shall provide information to the state geological survey in accordance with K.S.A. 76-323b. (K.S.A. 76-164 through 76-168).

C. Easements

i. Consistent with Section B, the President, or his designee, shall act on behalf of the university/the Kansas Board of Regents, in granting or conveying right-of way easements concerning any land under the custody and control of the university/the Kansas Board of Regents.

ii. Easements may be granted with or without receiving consideration and may permit use of the land for purposes of access, convenience, or necessity and such other right-of-way purposes as are customarily related to such easements. Easement documents shall be submitted and approved by the university general counsel’s office as to form and have legal sufficiency prior to signature. (75-2131).

iii. Easements will be filed with appropriate county officials, copies of which will be provided to the Kansas Board of Regents.

.040 Process

A. Sale or Purchase of Real Property

Any unit of the University desiring to purchase or sell real property, should direct an initial proposal or inquiry to the Vice President for Administration and Finance at vpaf@ksu.edu.

i. Sale of Real Property
To sell the University’s real property, approval by KBOR and authorization by the Legislature must be obtained. Land that has been donated to the university may be sold without legislative approval. Requests to dispose of property shall be submitted by the requesting unit to vpaf@ksu.edu  for consideration in the following legislative session. The request must include:

        • Address or legal description of the property;
        • Current use of the property;
        • How the property was acquired by the property (e.g., gift, purchase, deed, etc.);
        • Why property is no longer needed.

ii. Acquisition of Real Property
Kansas Board of Regents approval is required for the university to purchase or acquire by gift real property. Requests to purchase real property shall be submitted to vpaf@ksu.edu. The request must include:

        • Address or legal description of the property;
        • Proposed use of the property;
        • Current owner and proposed method of acquiring the property (e.g, gift, purchase, deed, etc.);
        • Cost, including source of funding.

B. Lease of Real Property

A written request shall be submitted by the requesting unit through the direct line of administration authority to the appropriate vice president or unit head. The request must include:

i. A description of hte real property proposed to be leased including its general location and character.

ii. The proposed terms of the lease including:

        • Duration of lease;
        • Lease payments including periods and amounts.
        • Responsibility for utilities, maintenance, snow removal, custodial, grounds care, etc.;
        • Responsibility for building and site maintenance and repairs;
        • Responsibility for insurance of structure, operation and general liability insurance;
        • Responsibility for property taxes, other taxes and assessments, ownership of any improvements made;
        • Square footage or acreage of the space rented (indicate gross or net).

iii. A notice of intent to lease is required to be published for 30 days in the Kansas Register before finalizing documents. If leasing to another state agency, political subdivision, the KSU Foundation or other related organization, publishing a notice of intent to lease is not required. Requesting units are responsible for costs associated with publishing the notice.

iv. The Vice President for Administration and Finance will submit the lease for review to the Office of General Counsel and obtain required university approvals.

v. Short term (generally less than one month) use of facility space is not considered.

C. Easements and Land Access Agreement

Kansas State University may grant access or utility easements on university real property. Such easements may be permanent or time-limited, depending on what best serves the interest of the university. All easement requests shall be submitted to Campus Planning and Project Management, which will coordinate the appropriate review and approvals. The request must include:

  • Grantee name;
  • Property location;
  • Description of proposed easement or land access agreement;
  • Purpose;
  • Consideration, if any.

.050 Related Statutes, Regulations and Policies

K.S.A. 74-3254 Authority to sell property devised to board of regents or state educational institution; investment or proceeds.

K.S.A. 74-3264 Authority to grant easements; conditions.

K.S.A. 75-2131 State-owned land; granting of certain easements.

K.S.A. 75-430a Publication of notice of negotiations for certain contracts, sales of property and mineral production and other leases.

K.S.A. 75-3043a Appraisal of real property before purchase by state or agency thereof; duties of director of property valuation; compensation of appraisers.

K.S.A. 75-3516 Real estate transactions; custody of records; inventory records of real property.

K.S.A. 75-6611 Survey of land prior to conveyance of any land.

K.S.A. 76-147 Land acquisition by state board of regents and certain other state boards; eminent domain, when.

K.S.A. 75-3743 Contracts and Leases

K.S.A. 75-3744 Purchasing and contracting framework.

KBOR Policy Manual II.E.11 Land Transactions

PPM 3070 University Contracts

.060 Questions

Questions concerning this policy should be addressed to the Vice President of Administration and Finance at (785) 532-6242 or vpaf@k-state.edu.