Printable Format68-406. Designation of highways in state system; total mileage, exclusions; revision and classification; connecting links and detours; direct routes to certain facilities and institutions; roads in state parks; posting speed limits and establishing facilities on certain streets and roads; temporary road closings. (a) The secretary of transportation shall designate, adopt and establish and may lay out, open, relocate, alter, vacate, remove, redesignate and reestablish highways in every county in the state, the total mileage of which shall not exceed 10,000 miles. The total mileage of such highways in each county shall be not less than the sum of the north to south and east to west diameters of the county. The highways so designated shall connect the county seats and principal cities and market centers, and all such highways, including bridges and culverts thereon, shall comprise the state highway system. The secretary of transportation shall make such revisions, classifications or reclassifications in the state highway system as are found on the basis of engineering and traffic study to be necessary, and such revisions, classifications or reclassifications may include, after due public hearing, removal from the system of roads that have little or no statewide significance, and the addition of roads that have statewide importance and will provide relief for traffic congestion on existing routes on the system. All roads that have been placed upon the state highway system shall be a part of the state highway system, but changes may be made in the state highway system when the public safety, convenience, economy, classification or reclassification requires such change. The total mileage of the state highway system shall not be extended except by act of the legislature. Highways designated under this section shall be state highways, and all other highways outside of the city limits of cities shall be either county roads or township roads as provided for by law. The state highway system thus designated shall be constructed, improved, reconstructed and maintained by the secretary of transportation from funds provided by law.
(b) In addition to highways of the state highway system, the secretary of transportation shall designate in those cities on such system certain streets as city connecting links. "City connecting link" means a routing inside the city limits of a city that:
(1) Connects a state highway through a city;
(2) connects a state highway to a city connecting link of another state highway;
(3) is a state highway that terminates within such city;
(4) connects a state highway with a road or highway under the jurisdiction of the Kansas turnpike authority; or
(5) begins and ends within a city's limits and is designated as part of the national system of interstate and defense highways.
(c) The secretary of transportation may mark and maintain existing roads as detours, but detour roads shall not be a part of the state highway system, except that such roads shall be marked and maintained by the secretary of transportation only until that portion of the state highway system for which such road is substituted is completed and open for travel.
(d) The secretary of transportation may use moneys appropriated from the state highway fund for the purchase of right-of-way, construction, improvement, reconstruction and maintenance of a highway over the most direct and practicable routes from state highways to a state lake, a federal lake or reservoir established by federal authority, any property managed or controlled by the Kansas department of wildlife and parks, national monuments and national historical sites, military reservations, motor carrier inspection stations, approaches and connections within an urban area, as defined by federal highway laws, places of major scenic attractions which possess unusual historical interest, as defined by K.S.A. 76-2018(1) and (2), and amendments thereto, on which the state now holds or may hereafter hold a long-term lease, a state institution, from the city limits of the nearest city to a state institution, a state-owned natural and scientific preserve, as defined by K.S.A. 74-6603(b), and amendments thereto, or such road or roads located within the boundaries of a state park and not presently maintained by a federal agency as shall be designated by the secretary of transportation. Such highways or roads shall not be a part of the state highway system, and the secretary of transportation is not required to plan, design or construct such highways or roads in conformity with the standards applicable to the state highway system.
(e) The secretary of transportation may make reroutings of any portion of the state highway system if such rerouting is required in writing by the United States department of transportation of the federal highway administration before it will permit federal funds to be used thereon. The secretary of transportation shall have control and regulation for purposes of posting speed limits and establishing access and egress facilities on any and all portions of streets and roads that are, or have been, a part of the state highway system, and that have been or may be, placed inside of the limits of an incorporated city by the creation of a new municipality or by the extension of the limits or boundaries of any existing municipality.
(f) Except pursuant to article 21 of chapter 68 of Kansas Statutes Annotated, and amendments thereto, only the secretary of transportation may authorize temporary closing of any part of the state highway system by any person for any purpose in the interest of the state. Every authorization granted under this subsection shall be granted subject to conditions specified by the secretary to provide for:
(1) Proper detours, signing and markings;
(2) timing that will not unreasonably inconvenience the public; and
(3) such additional conditions as are appropriate to avoid unreasonable risk of injury to any person. Such requests shall be made in writing and submitted to the secretary at least five days prior to the closing date. In emergencies, temporary closing may be authorized by the secretary by oral communications. The secretary may waive all or any part of the notice otherwise required by this subsection.
(g) Except as provided in subsection (h), any person failing or neglecting to comply with the provisions of this subsection, upon conviction, shall be guilty of a nonperson unclassified misdemeanor.
(h) In cases of sudden emergency, temporary closing of any part of the state highway system may be authorized by order of a person designated by the board of county commissioners for an area outside of any city or a person designated by the governing body of a city for an area within such city. In such cases of sudden emergency the person authorizing such closing shall inform the secretary of transportation thereof as soon as practicable and obtain the authorization of the secretary for any additional time thereafter for such closing.
History: L. 1927, ch. 255, § 6; L. 1929, ch. 225, § 3; L. 1933, ch. 97, § 1 (Special Session); L. 1935, ch. 245, § 1; L. 1937, ch. 285, § 1; L. 1949, ch. 344, § 1; L. 1953, ch. 300, § 1; L. 1961, ch. 302, § 1; L. 1972, ch. 245, § 1; L. 1975, ch. 350, § 1; L. 1975, ch. 427, § 85; L. 1978, ch. 271, § 3; L. 1981, ch. 263, § 1; L. 1984, ch. 251, § 1; L. 1984, ch. 293, § 6; L. 1984, ch. 252, § 1; L. 1988, ch. 269, § 1; L. 1989, ch. 118, § 179; L. 1993, ch. 124, § 1; L. 2012, ch. 47, § 89; L. 2023, ch. 7, § 115; July 1.
Source or Prior Law:
L. 1925, ch. 214, § 2.
Attorney General's Opinions:
County must accept abandoned state highways, but county may vacate such highways if cost of maintenance exceeds any practical use thereof. 87-124.
Removal of road from state highway system requires study and public hearing. 2000-10.
CASE ANNOTATIONS
1. City has no right to maintain action with respect to location of state highway. City of Mankato v. Jewell County Comm'rs, 125 Kan. 674, 266 P. 96.
2. Duty of county commissioners to issue benefit-district bonds. State, ex rel., v. Leavenworth County Comm'rs, 128 Kan. 453, 455, 456, 279 P. 10.
3. Highway commission must select material for benefit-district road. State, ex rel., v. Johnson County Comm'rs, 131 Kan. 403, 408, 292 P. 921.
4. Cited in setting out liability of commission under "existing" county contracts. McCandliss Construction Co. v. Neosho County Comm'rs, 132 Kan. 651, 653, 296 P. 720.
5. Cited in holding county liable for cost of bridge on benefit-district road; suspension by commission. State, ex rel., v. Sumner County Comm'rs, 132 Kan. 870, 872, 876, 297 P. 658.
6. Cited in determining county attorney without power to enjoin highway commission. State, ex rel., v. State Highway Comm., 133 Kan. 357, 362, 299 P. 955.
7. Evidence disproving "public safety" not submitted to court not reviewable. State, ex rel., v. State Highway Comm., 136 Kan. 297, 15 P.2d 449.
8. No liability for injury on designated strip not opened as highway. Payne v. State Highway Comm., 136 Kan. 561, 564, 16 P.2d 509.
9. Reimbursement of benefit assessment not applicable to designated city streets. State, ex rel., v. State Highway Comm., 136 Kan. 652, 653, 17 P.2d 839.
10. Reimbursement provision of act not applicable to improvement within city. State ex rel. Boss, v. State Highway Comm., 137 Kan. 800, 812, 22 P.2d 969.
11. Cited; commission approval required for state highway expenditures by counties. State, ex rel., v. State Highway Comm., 138 Kan. 294, 295, 304, 26 P.2d 606.
12. Rerouting of state highway held in the interest of public safety. Bobbitt v. State Highway Comm., 138 Kan. 487, 491, 26 P.2d 1115.
13. Cited in holding state act for federal loan for highways constitutional. State, ex rel., v. State Highway Comm., 138 Kan. 913, 917, 28 P.2d 770.
14. Powers of commission discussed in holding K.S.A. 68-415 valid. State Highway Comm. v. Panhandle Eastern P.L. Co., 139 Kan. 185, 191, 29 P.2d 1104. Reversed: Panhandle Eastern P. Line Co. v. State Highway Comm., 294 U.S. 613, 55 S. Ct. 563, 79 L.Ed. 1090.
15. State not liable for injuries sustained on detour on county road. Summerville v. State Highway Comm., 139 Kan. 530, 531, 32 P.2d 224.
16. County tax funds used on highways under 1925 and 1927 acts; held constitutional. State, ex rel., v. State Highway Comm., 139 Kan. 858, 33 P.2d 324.
17. The words "funds ... otherwise by law provided" includes funds raised by a county. Geary County Comm'rs v. State Highway Comm., 143 Kan. 976, 983, 57 P.2d 82.
18. Commission has power to contract to deed back vacated highway "unconditionally." Kucera v. State Highway Comm., 145 Kan. 121, 123, 64 P.2d 66.
19. State highway may be opened by implication; liability for defect. Thummel v. State Highway Comm., 160 Kan. 532, 538, 546, 164 P.2d 72.
20. "State highway system" not synonymous with phrase "state system of highways" in constitution. State, ex rel., v. State Commission of Revenue and Taxation, 163 Kan. 240, 247, 248, 181 P.2d 532.
21. State may establish an additional secondary road system. State, ex rel., v. State Commission of Revenue and Taxation, 163 Kan. 240, 247, 248, 181 P.2d 532; Farmers Union C.C.E. v. Director of Revenue, 163 Kan. 266, 268, 181 P.2d 541.
22. Mentioned; Kansas Turnpike Authority Act (K.S.A. 68-2001 through 68-2020) held valid. State, ex rel., v. Kansas Turnpike Authority, 176 Kan. 683, 692, 273 P.2d 198.
23. State not liable for injury on township road used by state as detour. Lungstrum v. State Highway Commission, 177 Kan. 57, 58, 60, 276 P.2d 346.
24. Right to relocate road mentioned in condemnation appeal; nonaccess. Riddle v. State Highway Commission, 184 Kan. 603, 616, 339 P.2d 301.
25. "State highway system" created by statute distinguished from "state system of highways." Kiewit & Sons' Co. v. State Highway Comm., 184 Kan. 737, 740, 339 P.2d 267.
26. State immune from suits in federal courts unless immunity waived. Dunnuck v. Kansas State Highway Commission, 21 F. Supp. 882.
27. Factors effecting relocation of highway considered with respect to commission's liability for defects; jury question. Schroder v. Kansas State Highway Commission, 199 Kan. 175, 180, 181, 182, 184, 186, 429 P.2d 814.
28. Directional signs to get to private business was not an official detour; state had no duty to place traffic signs on route. Albright v. Kansas Dept. of Transportation, 28 Kan. App. 2d 896, 22 P.3d 615 (2001).