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PRINT DISCLAIMER: Official version of this document is accessible in the online policy library at https://policyoffice.ku.edu/. Printed copies may not reflect the most recent updates.
DOCUMENT TYPE:
Policy
PURPOSE:
To establish a framework for the leasing of University real property, whether the University is acting as a landlord or tenant, and for the granting and acceptance of easements affecting University real property.
APPLIES TO:
All University of Kansas Employees
CAMPUS:
Lawrence, Edwards, Leavenworth, Juniper Gardens, Parsons, Pittsburg, Salina (KUL), Topeka, Wichita (KUL), Yoder, Medical Center (KUMC), Salina (KUMC), Wichita (KUMC)
DEFINITIONS:
Real Property: Land and any buildings, structures, fixtures, facilities, and other improvements located on, attached to, or otherwise constituting part of such land, together with any appurtenant rights and interests therein. The term includes all or any portion of a parcel, building, structure, facility, or improvement, whether owned, leased, University of Kansas controlled, or proposed to be acquired, leased, or controlled by the University or a third party landlord.
POLICY STATEMENT:
The policy is designed to support the University’s mission; promote the efficient, responsible, and strategic use of University and State resources; and protect the current and future use of university property. It further provides a framework for the appropriate evaluation, documentation and approval of leasing transactions; compliance with applicable federal and state laws, regulations, and governing board requirements; and the application of sound business judgement and risk-management practices. At the same time, the policy allows the University to effectively meet its academic, research, operational and strategic objectives.
- Purpose
The University recognizes that:
- The purpose of an external entity may coincide with or complement that of the University;
- University real property may be particularly well-suited for specific uses by external entities; and
- Excess capacity may exist for certain real property during certain times of the year.
As a result of such recognition, the University allows for the use of university-owned real property as specified below. All external uses must be formalized by written agreement.
The University also recognizes that needs may exist that cannot be met by the availability of university owned real property.
- Real Property Lease agreements
- All leases of real property to or from the University shall be approved by university counsel as to form and approved by the Chancellor or their designee of the University, except as provided by below.
- If authorized by the Chancellor, the Chief Financial Officer may execute leases and subleases of University real property without further Chancellor approval unless:
- the lease involves construction on university owned property;
- the lease is an oil, gas or mineral lease covered by K.S.A. 76-165;
- the lease is for a term of more than 10 years; or
- the lease is for an amount in excess of $100,000 per year.
Any lease meeting one or more of the criteria listed above must be submitted to the Chancellor for review and approval prior to execution.
- All leases of University owned real property for less than fair lease value must meet the following criteria:
- the use of the leased space is determined by the Chancellor to be a benefit to the institution,
- the rental rates are certified by the University’s Chief Financial Officer as fair and equitable for the type of lease arrangement, which may include non-monetary considerations.
- No real property or interest in real property owned or controlled by the State of Kansas or an agency of the State of Kansas shall be leased unless a notice of intention to lease said property has been published at least thirty days prior to execution of any documents; provided, however, that this requirement shall not be imposed on leases with another state agency or a political subdivision. (K.S.A. 75- 430a(d)).
- No lease of land for the production of oil, gas or other minerals shall be for a period of more than ten years and so long as oil, gas, or other minerals are produced in paying quantities thereon, shall be awarded only upon competitive bids pursuant to K.S.A. 76-165, and shall retain to the state a royalty interest of not less than one eighth part of all oil, gas or other minerals produced. When a state university leases land for the production of oil, gas, sand, gravel or any other mineral, the university shall provide information to the state geological survey in accordance with K.S.A. 76-323b. (K.S.A. 76-164 through 76-168).
- Easements
- Consistent with Section B, the Chancellor, or their designee, shall act on behalf of the University and/or the Kansas Board of Regents, in granting or conveying right-of way easements across any land under the custody and control of the University and/or the Kansas Board of Regents.
- Easements may be granted with or without receiving consideration and may permit use of the land for purposes of access, convenience or necessity and such other right-of-way purposes as are customarily related to such easements.
Easement documents shall be submitted to the University General Counsel for approval as to form. (K.S.A. 74-3264 and 75-2131).
- Easements will be provided to the Kansas Board of Regents.
CONTACT:
Office of the Chief Financial Officer
Vice Chancellor for Strategic Growth Initiatives & Real Estate
785-864-0466
cfo@ku.edu
RESPONSIBLE UNIT:
Office of the Chancellor
APPROVED BY:
Chancellor
APPROVAL DATE:
2026-10-15
EFFECTIVE DATE:
2026-10-15
REVIEW CYCLE:
3 years
BACKGROUND:
Policy review and approved by Kansas Board of Regents.
CHANGE HISTORY:
10/15/2026: New Policy published in the Policy Library.
TITLE:
Real Property Leases and Easements