Printable Format60-1004. Occupying claimants. (a) Right to reimbursement. Where any person while peacefully occupying realty under color of title in good faith, including mineral leases, has in good faith made improvements thereon or paid obligations in connection therewith, such person shall not be dispossessed by a party, establishing a superior right, claim or title until he or she is fully compensated therefor.
(b) Procedure. If in any action the judge concludes that the occupying claimant should be dispossessed, the judge shall before entering final judgment determine the compensation due the occupying claimant under the provisions of section 1 of this article* or if requested by either party he or she shall submit the question to a jury for determination.
History: L. 1963, ch. 303, 60-1004; January 1, 1964.
Source or prior law:
(a). L. 1862, ch. 25, § 1; G.S. 1868, ch. 80, § 601; L. 1873, ch. 102, § 1; L. 1909, ch. 182, § 622; R.S. 1923, 60-1901.
(b). L. 1862, ch. 25, §§ 3–11; G.S. 1868, ch. 80, §§ 603–613; L. 1873, ch. 102, § 2; L. 1909, ch. 182, §§ 624–634; R.S. 1923, 60-1903 through 60-1913.
Revisor's Note:
* The phrase "section 1 of this article" should have been "subsection (a) of this section" instead.
Law Review and Bar Journal References:
Subsection (a) discussed in survey of real property and future interests, James K. Logan, 12 K.L.R. 305, 307 (1963).
"Survey of Kansas Law: Property," 29 K.L.R. 555, 561 (1981).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1901, 60-1903, 60-1904, 60-1906 through 60-1911, 60-1913 and the 1961 Supp. thereto.
1. Interest conveyed to grantee by option agreement to purchase realty is insufficient to establish possession and right to reimbursement hereunder. Munkres v. Chatmon, 3 Kan. App. 2d 601, 602, 603, 604, 606, 599 P.2d 314.
2. Cited; nature of good faith improvements for which compensation can be made examined. Board of Wyandotte County Comm'rs v. Adkins, 12 Kan. App. 2d 522, 749 P.2d 1056 (1988).