Kansas Statutes Annotated

K.S.A. § 55-1204 (2026)

Underground storage of natural gas; certificate of commission; notice and hearing; assessment of costs; disposition of moneys

✓ current as of May 2026

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55-1204. Underground storage of natural gas; certificate of commission; notice and hearing; assessment of costs; disposition of moneys. (a) Any natural gas public utility desiring to exercise the right of eminent domain as to any property for use for underground storage of natural gas shall, as a condition precedent to the filing of its petition in the district court, obtain from the commission a certificate setting out findings of the commission:

(1) That the underground stratum or formation sought to be acquired is suitable for the underground storage of natural gas and that its use for such purposes is in the public interest; and

(2) the amount of recoverable oil and native gas, if any, remaining therein.

(b) The commission shall issue no such certificate until after public hearing is had on application and upon reasonable notice to interested parties in accordance with the provisions of the Kansas administrative procedure act. Subject to the provisions of K.S.A. 55-143, and amendments thereto, the applicant shall be assessed an amount equal to all or any part of the costs of such proceedings and the applicant shall pay the amount so assessed.

(c) All provisions of K.S.A. 66-106, 66-118a, 66-118b, 66-118c, 66-118d, 66-118e, 66-118j and 66-118k, and amendments thereto, shall be applicable to all proceedings of the commission under K.S.A. 55-1201 to 55-1206, inclusive, and amendments thereto.

(d) The state corporation commission shall remit all moneys received by or for it for costs assessed under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the conservation fee fund created by K.S.A. 55-143, and amendments thereto.

History: L. 1951, ch. 268, § 4; L. 1978, ch. 211, § 9; L. 1986, ch. 202, § 6; L. 1988, ch. 356, § 173; L. 2001, ch. 5, § 199; July 1.

Notes of Decisions

Cited in 8 cases, 1985–2019 · leading case: N. Nat. Gas Co. v. Approximately 9117 Acres in Pratt, 2 F. Supp. 3d 1174 (D. Kan. 2014).

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N. Nat. Gas Co. v. Approximately 9117 Acres in Pratt, 2 F. Supp. 3d 1174 (D. Kan. 2014). · cites it 7× “K.S.A. § 55-1204. In awarding damages for condemnation of such subsurface formations, the Act directs appraisers to take into consideration the amounts of recoverable oil and native gas remaining in the property and to accept the findings of the KCC as prima facie evidence of…”

N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “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 of…”

Union Gas Sys., Inc. v. Carnahan, 774 P.2d 962 (Kan. 1989). · cites it 5× “However, as we stated in Anderson , “it is clear that under the legislative scheme, before an underground gas storage area may be established, a certificate must be obtained from the Kansas Corporation Commission containing the findings set forth in K.S.A. 55-1204, after a…”

Anderson v. Beech Aircraft Corp., 699 P.2d 1023 (Kan. 1985). · cites it 2× “K.S.A. 55-1204 provides that, as a condition precedent to the exercise of the right of eminent domain as to any property for the underground storage of natural gas, the natural gas public utility shall obtain from the state corporation commission a certificate setting out the…”

N. Nat. Gas Co. v. L.D. Drilling, Inc., 618 F. Supp. 2d 1280 (D. Kan. 2009). · cites it 4× “K.S.A. § 55-1204. The Supreme Court held that under these circumstances, the “rule of capture” applied, meaning Beech lost title to the gas after injecting it into the reservoir: “[W]here a natural gas public utility was not involved, where no certificate authorizing an…”

N. Nat. Gas v. Approximately 9117 Acres, 862 F.3d 1221 (10th Cir. 2017). “§ 717f(c)-(g); Kan. Stat. Ann. § 55-1204 . Certificate authority conveys a power of eminent domain.”

N. Nat. Gas Co. v. Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., 217 P.3d 966 (Kan. 2009). “K.S.A. 55-1204 required Union Gas to obtain a certificate from the Kansas Corporation Commission (KCC) as a condition precedent to filing its petition of condemnation.”

N. Nat. Gas Co. v. ONEOK Field Servs. Co. (Kan. 2019). · cites it 3× “at 84 ; see K.S.A. 55-1204. This presented a legal question about how to treat the "purloined production" for Union's conversion claim for gas taken both before the certification date and after.”

— K.S.A. § 55-1204(1) — 1 case

Union Gas Sys., Inc. v. Carnahan, 774 P.2d 962 (Kan. 1989). “However, as we stated in Anderson , “it is clear that under the legislative scheme, before an underground gas storage area may be established, a certificate must be obtained from the Kansas Corporation Commission containing the findings set forth in K.S.A. 55-1204, after a…”

— K.S.A. § 55-1204(a) — 1 case

N. Nat. Gas Co. v. ONEOK Field Servs. Co. (Kan. 2019). “at 84 ; see K.S.A. 55-1204. This presented a legal question about how to treat the "purloined production" for Union's conversion claim for gas taken both before the certification date and after.”

— K.S.A. § 55-1204(a)(2) — 3 cases

N. Nat. Gas Co. v. Approximately 9117 Acres in Pratt, 2 F. Supp. 3d 1174 (D. Kan. 2014). “K.S.A. § 55-1204. In awarding damages for condemnation of such subsurface formations, the Act directs appraisers to take into consideration the amounts of recoverable oil and native gas remaining in the property and to accept the findings of the KCC as prima facie evidence of…”

— K.S.A. § 55-1204(a)(l) — 1 case

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