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Kansas Statutes Annotated

K.S.A. § 12-3401 (2026)

Port authorities; definitions

✓ current as of May 2026
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12-3401. Port authorities; definitions. As used in K.S.A. 12-3402 to 12-3433, inclusive:

(a) "Port authority" means a port authority or joint port authority created pursuant to K.S.A. 12-3402, and amendments thereto.

(b) "Submerged lands" means the lands presently underlying the navigable streams of the state of Kansas and the lands underlying the waters of lakes, harbors, and navigation channels which have already been or which shall be created by the impoundment of the waters and the creation of commercial navigation facilities in the navigable streams.

(c) "Uplands" means lands contiguous to or fronting upon any submerged lands in this state.

(d) "Publication" means publication once a week on the same day of the week for three consecutive weeks in a newspaper of general circulation in the county or counties wherein such publication is required to be made. Publication shall be complete on the date of the last publication.

(e) "Created," as related to port authorities, means the activation of such authorities by ordinance or resolution as provided herein.

(f) "Port" means water-port facility, airport facility, terminal facility, land transportation facility, railroad facility or industrial-use facility.

(g) "Industrial-use facility" means any agricultural, commercial, industrial or manufacturing facility, including the site therefor, which is a part of or contiguous to another port facility or which a port authority determines will further the purposes of this act and will promote the general welfare and economic development of the area of its jurisdiction.

An agricultural, commercial, industrial or manufacturing facility need not be part of or contiguous to another port facility if the governing body of the city or county creating a port authority also determines that such facility will further the purposes of this act and promote the general welfare and economic development of such city or county. If the port authority was created by two or more cities or counties, such determination also shall be made by the governing body of the city or county in which such facility is located. In determining whether agricultural, commercial, industrial or manufacturing facilities, not part of or adjacent to another port facility, will further the purposes of this act and promote the general welfare and economic development of cities and counties, such port authorities and governing bodies shall consider:

(1) The desirability and economic feasibility of the proposed facility;

(2) the technical and economic capability of the port authority or private interests to operate the proposed facility;

(3) the potential economic impact of the proposed facility on the city or county in which the facility will be located;

(4) the impact such facility will have on the development of interstate and intrastate traffic which will make use of ports within the state;

(5) the impact such facility may have on the growth of new ports within the state; and

(6) the impact such facility may have on any existent comprehensive land-use plan covering the proposed location of the facility.

History: L. 1969, ch. 89, § 1; L. 1980, ch. 70, § 3; L. 1981, ch. 76, § 1; L. 1987, ch. 75, § 1; July 1.

Notes of Decisions
Cited in 7 cases, 1980–1988 · leading case: State ex rel. Tomasic v. Kansas City, Kansas Port Auth., 636 P.2d 760 (Kan. 1981).
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State ex rel. Tomasic v. Kansas City, Kansas Port Auth., 636 P.2d 760 (Kan. 1981). · cites it 15× “: This quo warranto action, challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 *408 et seq., as amended, as well as the authority of the Kansas City, Kansas Port Authority to develop an industrial-use facility for the General Motors Corporation, has a…”
Jackson Trak Grp., Inc. Ex Rel. Jackson Jordan, Inc. v. Mid States Port Auth., 751 P.2d 122 (Kan. 1988). “Mid States Port Authority is a joint port authority created as a public body, organized under the provisions of K.S.A. 12-3401 et seq., with its principal offices in Phillipsburg, Kansas.”
Bd. of Pub. Utils. v. City of Kansas City, 605 P.2d 151 (Kan. 1980). “For example, powers vested in other statutory bodies, such as a port authority created by K.S.A. 12-3401 et seq., are in sharp contrast to the powers of the Board.”
State ex rel. Tomasic v. Kansas City, 630 P.2d 692 (Kan. 1981). · cites it 7× “Tomasic, Wyandotte County District Attorney (relator), challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 et seq., as amended, and requesting the court to oust the Kansas City, Kansas Port Authority (respondent) of all rights, powers, and authority in…”
State ex rel. Tomasic v. Kansas City, 626 P.2d 209 (Kan. 1981). · cites it 4× “Tomasic, Wyandotte County District Attorney (relator) challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 et seq., as amended, and requesting the court to oust the Kansas City, Kansas Port Authority (respondent) of all rights, powers, and authority that…”
State Ex Rel. Tomasic v. Kansas City, Kan. Port Auth., 636 P.2d 760 (Kan. 1981). · cites it 30× “The Port Authorities Act prior to 1981 defining a "port" narrowly to include water, air, or land transportation facilities, K.S.A. 1980 Supp. 12-3401( f ), is not sufficiently broad to include industrial-use facilities.”
Bd. of Pub. Utils. v. City of Kansas City, 496 F. Supp. 389 (D. Kan. 1980). “For example, powers vested in other statutory bodies, such as a port authority created by K.S.A. 12-3401 et seq., are in sharp contrast to the powers of the Board.”
— K.S.A. § 12-3401(1) — 1 case
State ex rel. Tomasic v. Kansas City, 630 P.2d 692 (Kan. 1981). “Tomasic, Wyandotte County District Attorney (relator), challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 et seq., as amended, and requesting the court to oust the Kansas City, Kansas Port Authority (respondent) of all rights, powers, and authority in…”
— K.S.A. § 12-3401(J) — 1 case
State ex rel. Tomasic v. Kansas City, 626 P.2d 209 (Kan. 1981). “Tomasic, Wyandotte County District Attorney (relator) challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 et seq., as amended, and requesting the court to oust the Kansas City, Kansas Port Authority (respondent) of all rights, powers, and authority that…”
— K.S.A. § 12-3401(f) — 2 cases
State ex rel. Tomasic v. Kansas City, Kansas Port Auth., 636 P.2d 760 (Kan. 1981). “: This quo warranto action, challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 *408 et seq., as amended, as well as the authority of the Kansas City, Kansas Port Authority to develop an industrial-use facility for the General Motors Corporation, has a…”
State ex rel. Tomasic v. Kansas City, 630 P.2d 692 (Kan. 1981). “Tomasic, Wyandotte County District Attorney (relator), challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 et seq., as amended, and requesting the court to oust the Kansas City, Kansas Port Authority (respondent) of all rights, powers, and authority in…”
— K.S.A. § 12-3401(g) — 1 case
State ex rel. Tomasic v. Kansas City, Kansas Port Auth., 636 P.2d 760 (Kan. 1981). “: This quo warranto action, challenging the constitutionality of the Port Authorities Act, K.S.A. 12-3401 *408 et seq., as amended, as well as the authority of the Kansas City, Kansas Port Authority to develop an industrial-use facility for the General Motors Corporation, has a…”
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