Kansas Statutes Annotated

K.S.A. § 55-1203 (2026)

Appropriation of certain property

✓ current as of May 2026
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55-1203. Appropriation of certain property. Any natural gas public utility may appropriate for its use for the underground storage of natural gas any subsurface stratum or formation in any land which the commission shall have found to be suitable and in the public interest for the underground storage of natural gas, and in connection therewith may appropriate such other interests in property as may be required adequately to examine, prepare, maintain and operate such underground natural gas storage facilities. The right of appropriation hereby granted shall be without prejudice to the rights of the owner of said lands or of other rights or interests therein to drill or bore through the underground stratum or formation so appropriated in such manner as shall comply with orders, rules and regulations of the commission issued for the purpose of protecting underground storage strata or formations against pollution and against the escape of natural gas therefrom and shall be without prejudice to the rights of the owner of said lands or other rights or interests therein as to all other uses thereof.

History: L. 1951, ch. 268, § 3; June 30.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1985–2022 · leading case: N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013).
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “, K.S.A. 55-1203 (permitting a natural gas public utility to “appropriate for its use for die underground storage of natural gas any subsurface stratum or formation in any land which the [KCC] shall have found to be suitable and in the public interest for the underground storage…”
Reese Expl., Inc., Plaintiff-Appellant/cross-Appellee v. Williams Nat. Gas Co., Defendant-Appellee/cross-Appellant, 983 F.2d 1514 (10th Cir. 1993). “A duty could likewise be implied from Kan. Stat.Ann. § 55-1203 (1983) which allows for the appropriation of subsurface formations for gas storage but requires that the appropriation “be without prejudice to .”
Anderson v. Beech Aircraft Corp., 699 P.2d 1023 (Kan. 1985). “” K.S.A. 55-1203 provides that any natural gas public utility may appropriate for its use for the underground storage of natural gas any subsurface stratum or formation in any land which the commission shall have found to be suitable and in the public interest for the…”
Colt Energy, Inc. v. S. Star Cent. Gas Pipeline, Inc. (D. Kan. 2022). · cites it 2× “Third, Plaintiffs claim Defendant breached its duty under K.S.A. § 55-1203, which allows for the underground storage of natural gas so long as it is “without prejudice to the rights of the owner of said lands or other rights or interests therein as to all other uses thereof.”
N. Nat. Gas Co. v. ONEOK Field Servs. Co. (Kan. 2019). “Next, K.S.A. 55-1203 provides for the appropriation of certain property for the underground storage of natural gas and reiterates the Commission's role in the process, i.”
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