Printable Format8-2011. Removal of traffic hazards on private property. (a) It shall be the duty of the owner of real property to remove from such property any tree, plant, shrub or other obstruction, or part thereof, which, by obstructing the view of any driver, constitutes a traffic hazard.
(b) When the secretary of transportation or any local authority determines upon the basis of an engineering and traffic investigation that such a traffic hazard exists, the secretary or such local authority shall notify the owner and order that the hazard be removed within ten (10) days.
(c) The failure of the owner to remove such traffic hazard within ten (10) days shall constitute an offense punishable by a penalty of ten dollars ($10) and every day said owner shall fail to remove it shall be a separate and distinct offense.
History: L. 1974, ch. 33, § 8-2011; L. 1975, ch. 427, § 59; August 15.
Attorney General's Opinions:
Removal of traffic hazards from private property; growing crops. 86-120.
CASE ANNOTATIONS
1. City not liable for failing to remove obstructions from or inspect railroad property. Sisk v. National R.R. Passenger Corp., 647 F. Supp. 861, 863 (1986).
2. Summary judgment upheld on plaintiff's claim that landowner breached duty to remove traffic hazard on property causing accident. McCleary v. Boss, 24 Kan. App. 2d 791, 794, 955 P.2d 127 (1997).
3. A landowner of property abutting a rural intersection owes no common-law duty to passing drivers to trim or remove trees on the property. Manley v. Hallbauer, 308 Kan. 723, 734, 423 P.3d 480 (2018).