Land and Real Property Transactions
Issued June 25, 2021
Table of Contents
This policy establishes the process for transactions of land and other real estate owned by the university as required by state statutes and Kansas Board of Regents policies.
“University Real Estate” means land (surface or subsurface), buildings (including space within a building), air rights, water rights and mineral rights.
“University Real Estate Transactions” means the process for acquisition or disposition of real estate, including an interest in real estate.
“Real Property” means fixed property, principally land and buildings.
University real estate (land, buildings, air rights, water rights and mineral rights) is owned by the University and Kansas Board of Regents (KBOR), not by the administrative unit that occupies or otherwise uses the real estate. 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.
A. Real Property Transactions
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 firstname.lastname@example.org.
- Sale of Real Property
To sell the University’s real property, approval by KBOR and authorization by the Legislature must be obtained. Proposals requesting to dispose of property should complete the Disposal of Real Property Request and submit to email@example.com no later than July 1 for consideration in the following legislative session.
- Purchase of Real Property
For Kansas State University to purchase property, KBOR approval is required. Departments requesting to purchase real property should complete the Acquisition of Real Property Request and submit it to firstname.lastname@example.org.
- Sale of Real Property
B. Lease of university real property
A written request shall be submitted by the requesting department head, director or other office through the direct line of administration authority to the appropriate vice president or unit head. The request may be submitted using State of Kansas Real Estate Lease Agreement DA-46. The request must include:
- A description of the real property proposed to be leased including its general location and character.
- The proposed terms of the lease, including:Term of lease.
- Lease payments – 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).
- 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. The department is responsible for any cost associated with publishing the notice.
- The department entering into the lease will submit the lease for review to Office of General Counsel as outlined in PPM 3070 and will copy email@example.com on the e-mail. This step can take place concurrently with the notice of intent to lease in the step immediately above.
- Leases of state-owned real property to or from third parties not associated with the university require KBOR approval if:
- the lease involves construction on state property;
- the lease is an oil, gas or mineral lease covered by K.S.A. 76-165;
- the lease is for a term of more than 10 years; or
- the lease is for an amount in excess of $25,000/year.
- Please see the KBOR policy Ch.11, Sec. E. Facilities 11.Land Transactions e.(4) for leases with Kansas State University Foundation and other related organizations.
C. Easements and Land Access Agreement
Kansas State University may grant access or utility easements on university real property and requires approval from the Attorney General (K.S.A. 74-3264 and 75-2131). Such easements may be permanent or time-limited, depending on what best serves the interest of the university. All easement requests should be submitted to Campus Planning and Project Management. The easement will be reviewed for any conflicts. Campus Planning and Project Management will obtain departmental approval as necessary. All easements and land access agreements will follow the steps as outline on the appropriate routing sheet. For easements, use the Easement Routing Sheet. For land access agreements, use the Land Access Routing Sheet.
- Sales and Purchases
The University President or his/her designee is the authorized signatory for University property sold or bought by the University. KBOR must approve all sales and purchases of real property, usually at a regularly scheduled board meeting. The Attorney General also must approve any deeds for the sale of real property before the sale may be finalized. A signed copy of the sale/purchase contract will be returned to the purchaser and a copy will be kept on file in the Vice President for Administration and Finance office. All original instruments relating to land acquisition shall be maintained in the KBOR Office (K.S.A. 75-3516). Deeds are recorded with the appropriate county appraiser’s office.
The Vice President for Administration and Finance is the University’s authorized signatory for university property leases. A signed copy will be returned to the department requesting the lease and a copy will be kept on file in the Vice President for Administration and Finance Office.
- Easements and Land Access Agreements
The University President or his/her designee is the authorized signatory for easements and land access agreements. The Attorney General, or designee, will need to approve the easement before execution of documents. Easements are recorded with the appropriate county appraiser’s office.
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. 75-430a 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 valuations; 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.
KBOR Policy Manual II.E.11 Land Transactions
PPM 3070 University Contracts
Questions concerning this policy should be addressed to the Vice President of Administration and Finance at (785) 532-6242 or firstname.lastname@example.org.