(a) In performing investigations or administrative functions relating to surface and subsurface water pollution, soil pollution and public health or safety, the secretary or the secretary’s duly authorized representatives may enter any property or facility which is subject to the provisions of Kan. Stat. Ann. § 55-1,117 or 55-1,120, and amendments thereto, for the purpose of observing, monitoring, collecting samples, examining records and facilities to determine compliance or noncompliance with state laws and rules and regulations relating to water pollution, soil pollution or public health or safety.

(b) The representatives of the secretary shall have the right of ingress and egress upon any lands to cleanup pollution, over which the secretary has jurisdiction pursuant to Kan. Stat. Ann. § 55-1,117 through 55-1,119, and amendments thereto, or to plug any well as authorized by Kan. Stat. Ann. § 55-1,120, and amendments thereto. Such representatives shall have the power to occupy such land if necessary to investigate and cleanup such pollution or to investigate and plug such well. Any representative entering upon any land to conduct such clean-up or well-plugging shall not be liable for any damages necessarily resulting therefrom, except damages to growing crops, livestock or improvements on the land. Upon completion of activities on such land, such representative shall restore the premises to the original contour and condition as nearly as practicable.

Terms Used In Kansas Statutes 55-1,122

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Well: means a hole or penetration of the surface of the earth, drilled or recompleted for the purpose of:

    (1) Producing oil or gas;

    (2) injecting fluid, air or gas in the ground in connection with the exploration for or production of oil or gas;

    (3) obtaining geological information in connection with the exploration for or production of oil or gas by taking cores or through seismic operations;

    (4) disposing of fluids produced in connection with the exploration for or production of oil or gas;

    (5) providing cathodic protection to prevent corrosion to lines, tanks or structures; or

    (6) injecting or withdrawing natural gas. See Kansas Statutes 55-150