11.31 / Easements

Authority to Grant Easements

1. Subject to applicable federal and state law, Kansas Board of Regents requirements, and University policies, the University may grant or convey with or without consideration, Easements across, over, upon, and/or under real property in the custody and control of the University and belonging to the University or the State of Kansas.
2. No person or entity shall acquire any right to or interest in University property by reason of this policy, and the University retains sole discretion to determine whether granting an Easement is in the best interests of the University and the State of Kansas.
3. An Easement may be granted on such terms, conditions, restrictions, and limitations as the University determines necessary or appropriate to protect the University, the State of Kansas, and the public interest.
4. Unless otherwise approved by the Office of General Counsel, an Easement shall grant only those property rights reasonably necessary to accomplish its stated purpose, and all rights not expressly granted shall be reserved to the University or the State of Kansas, as applicable.

Protection of University and Public Interests

1. Before granting or conveying an Easement, the University shall determine that the proposed Easement appropriately safeguards the public interest and does not unreasonably interfere with or impair the present or reasonably anticipated future use, operation, development, improvement, or disposition of the affected University property.
2. In making this determination, the University may consider, as applicable:
   1. the location, dimensions, duration, and proposed use of the Easement;
   2. the University's existing and anticipated future use and development of the property;
   3. potential interference with University facilities, infrastructure, utilities, operations, security, access, parking, pedestrian or vehicular circulation, or academic and research activities;
   4. compatibility with applicable campus master plans, capital improvement plans, and other anticipated development;
   5. environmental, safety, accessibility, regulatory, and operational considerations;
   6. whether relocation of the Easement or facilities may be necessary to accommodate future University development;
   7. the value of the property interest conveyed and whether consideration should be required;
   8. the financial and operational responsibility for construction, maintenance, repair, relocation, restoration, and removal;
   9. any restrictions applicable to the property arising from grants, gifts, bond financing, financing agreements, deeds, existing Easements, or other encumbrances; and
   10. any other consideration necessary to safeguard the interests of the University or the State of Kansas.
3. The University may require the grantee, at the grantee's expense, to relocate facilities or improvements located within an Easement when reasonably necessary to accommodate the University's use or development of its property, to the extent provided in the applicable Easement instrument.

Consideration

1. An Easement may be granted with or without monetary or other consideration when permitted by law. In determining whether consideration should be required and the appropriate amount or form of consideration, the University may consider the value and duration of the property interest conveyed, the identity and purpose of the grantee, benefits received by the University or the public, costs or burdens imposed upon University property, and other relevant circumstances.
2. The University may require an appraisal, valuation, or other evidence of fair value when appropriate or required by law, policy, or applicable approval requirements.

Termination of Easement

1. If at any time the grantee of an Easement granted pursuant to this policy abandons the Easement or attempts to devote the Easement or the property subject thereto to a use different from and inconsistent with the use for which the Easement was originally granted, the Easement shall automatically terminate without the necessity of further action by the University or the State of Kansas.
2. Upon termination, the grantee shall have no further right, title, or interest under the Easement and, if required by the Easement instrument or requested by the University, shall remove its facilities, equipment, and other improvements and restore the affected property to a condition reasonably acceptable to the University.
3. Nothing in this section shall prohibit the grantee from conveying or assigning the Easement to its successor for the continuation of the use for which the Easement was originally granted, subject to the terms and conditions of the Easement and any University consent requirement contained therein.

No Expansion of Easement Rights

1. No Easement granted pursuant to this policy may be expanded, materially modified, or used for a purpose other than the purpose for which it was originally granted without prior written University approval through the same review and approval process applicable to the original Easement, unless otherwise authorized by the Easement instrument.
2. No use of University property outside the express scope of a written Easement shall create or be construed to create an Easement by prescription, implication, estoppel, or otherwise to the extent permitted by law.

Preservation of University Development Rights

1. The University shall scrutinize, and work to limit the granting of, any Easement that unreasonably impairs the University's present or future use, development, redevelopment, expansion, renovation, or operation of its property. To preserve the University's long-term flexibility in managing campus facilities and infrastructure, the University shall endeavor to ensure that Easement instruments, where legally and operationally feasible, reserve to the University the right to require relocation of Easement facilities when reasonably necessary to accommodate University construction, renovation, infrastructure improvements, changes in campus planning, or other institutional purposes.

Policy Exceptions and Changes

1. Exceptions to this policy may be authorized only when permitted by applicable law and approved by the Office of General Counsel and the President, or their designee. Nothing in this policy authorizes an exception to any requirement imposed by federal or state law or Kansas Board of Regents policy.
2. The University may amend, revise, update, or correct this policy without Kansas Board of Regents approval when the change is administrative, technical, clerical, conforming, or otherwise non-substantive in nature, does not materially alter the purpose, scope, authority, requirements, rights, obligations, or substantive effect of the policy, or is being made to comply with state or federal law.

1. Authorized Official: An Employee designated by the President or applicable divisional vice president who is authorized to initiate, pursue, negotiate, coordinate, or otherwise facilitate an Easement on behalf of the University, subject to all reviews, approvals, and signature authority required by this policy, other University policies, and applicable law. Designation as an Authorized Official does not in any way confer authority to approve, execute, or otherwise bind the University to an Easement.
2. Easement: A limited right, privilege, or interest in real property that authorizes the use of designated land, airspace, subsurface areas, facilities, or rights-of-way for a specific purpose without transferring ownership of the affected property. An Easement does not include a lease, license, permit, or other arrangement that grants a possessory interest in real property, except to the extent such arrangement includes an Easement interest.
3. University: Wichita State University.

Easement Requests

1. All Easement requests, including amendments, renewals, cancelations, and terminations, shall be submitted to the Office of General Counsel and the Office of University Property at the following link: Easement Requests.
2. The Director of University Property will work with the appropriate Authorized Official to confirm the University’s business and operational requirements for the proposed Easement and to identify the information reasonably necessary to evaluate, draft, and negotiate the Easement. Such information may include, as applicable:
   1. Type of Easement;
   2. Necessity of the Easement;
   3. Location of the Easement;
   4. Desired term, commencement date, renewal options, and termination rights;
   5. Monetary or non-monetary consideration and costs associated with Easement;
   6. Responsibility for utilities, maintenance, repairs, improvements, and other operating expenses;
   7. Easement impact on University business, operations, departments, and future development;
   8. Legal or regulatory requirements; and
   9. Any other material business terms, conditions, or University requirements applicable to the proposed Easement.

Easement Terms and Conditions

1. The University may require an Easement instrument to contain such terms and conditions as are appropriate under the circumstances, including provisions addressing:
   1. the specific purpose and permitted use of the Easement;
   2. the Easement's location, dimensions, term, and scope;
   3. construction and installation standards;
   4. maintenance, repair, replacement, relocation, and removal obligations;
   5. restoration of University property following construction, maintenance, repair, or removal activities;
   6. insurance, indemnification, and allocation of liability to the extent permitted by applicable law;
   7. coordination of work with University operations and reasonable advance notice before accessing University property;
   8. compliance with applicable laws, regulations, codes, permits, and University requirements;
   9. protection of existing utilities, facilities, improvements, and University operations;
   10. restrictions on assignment or transfer;
   11. termination, abandonment, and restoration obligations; and
   12. such additional restrictions, reservations, or protections as the University determines appropriate.

Easement Approval

1. Easement documents shall be approved by the Office of General Counsel as to form and legal sufficiency and submitted to the President, or their designee, for final approval and signature.
2. Easements must be approved and executed consistent with this policy.

Easement Records and Recording

1. Easements will be filed with appropriate county officials, copies of which will be provided to the Kansas Board of Regents.