reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-504 Petition for vacation of site or addition, street or alley or for exclusion of land; deannexation of land or vacation of public reservation by city; notice; hearing.

12-504. Petition for vacation of site or addition, street or alley or for exclusion of land; deannexation of land or vacation of public reservation by city; notice; hearing.
(a) The owner of: (1) Any townsite or part of a townsite; (2) any addition or part of an addition to any city; or (3) the lands adjoining on both sides of any street, alley or public reservation such as, but not limited to public easements, dedicated building setback lines, access control, or a part thereof, in any city that desires to have any townsite or part thereof, any addition or part thereof, or public easements, building setback lines, access control or part thereof vacated, or that desires to exclude any farming lands or unplatted tracts, or any addition or part of an addition from the boundaries of the city, shall petition the governing body of such city and request a public hearing on the issues. The governing body shall give notice of such request by publication in the official city newspaper and shall designate whether the hearing will be conducted by the governing body or the planning commission. The notice shall be published at least one time at least 20 days prior to the hearing. The notice shall state that a petition has been filed in the office of the city clerk requesting such vacation or exclusion, or both, describing the property fully. The notice shall specify whether the hearing is to be held before the governing body or the planning commission. All interested persons shall be given an opportunity to be heard on the petition.
(b) Any city may initiate the deannexation of land from the city by following the notice and public hearing process established in subsection (a). The hearing shall be held before the city governing body.
(c) A city may initiate the vacation of any public reservation by following the notice and public hearing process established in subsection (a). The hearing shall be held before the city governing body.
History:
R.S. 1923, § 12-504; L. 1963, ch. 72, § 1; L. 1967, ch. 82, § 1; L. 1984, ch. 65, § 3; L. 1997, ch. 147, § 1; L. 2021, ch. 44, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-505 Same; proceedings on petition.

12-505. Same; proceedings on petition.
(a) (1) Upon the presentation of the petition to the governing body of the city or planning commission, the governing body or planning commission shall proceed to hear the petition, as provided in the notice. On the day of the hearing, the governing body or planning commission shall hear testimony on the propriety of granting the petition. If the planning commission holds the hearing, the commission shall make a recommendation regarding the vacation and submit such recommendation to the governing body in the same manner provided by K.S.A. 12-752, and amendments thereto, for the submission and approval of recommendations regarding plats.
(2) If the governing body or planning commission determines from the proofs and evidence presented that legal notice has been given by publication as required, that no private rights will be injured or endangered by such vacation or exclusion, that the public will suffer no loss or inconvenience thereby and that in justice to the petitioner or petitioners the request of the petitioner ought to be granted, the governing body shall enact an ordinance containing the order that such vacation or exclusion, or both, be made. Any order approving a vacation of plat, street, alleys, easements or a public reservation shall provide for the reservation to the city and the owners of any lesser property rights for public utilities, rights-of-ways and easements for public service facilities originally held in such plat, street, alley, easement or public reservation then in existence and use.
(3) The petition shall not be granted if a written objection is filed with the city clerk, at the time of or before the hearing, by any owner or adjoining owner who would be a proper party to the petition but has not joined therein. When only a portion of a street, alley or public reservation is proposed to be vacated, the petition shall not be granted if a written objection is filed with the clerk of the governing body by any owner of lands that adjoin the portion to be vacated.
(b) Any lands excluded pursuant to this section shall be listed for future taxation as though the lands had never been a part of such city. The city clerk shall certify a copy of such ordinance containing the order to the register of deeds of the county in which such property is located. The register of deeds shall record in the deed records of the county at the expense of the petitioner or petitioners, and the register of deeds shall also write on the margin of the recorded plat of such townsite or addition, the words "canceled by order" or "canceled in part by order," as the case may be, giving reference thereon to the page and book of records where the ordinance containing the order is recorded in the register's office.
History:
L. 1905, ch. 519, § 2; R.S. 1923, § 12-505; L. 1967, ch. 82, § 2; L. 1984, ch. 65, § 4; L. 1997, ch. 147, § 2; L. 2021, ch. 44, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-506 Reversion of vacated street, alley or public reservation.

12-506.
Reversion of vacated street, alley or public reservation.
The streets, alleys or other public reservations which may be so vacated shall revert to the owners of the real estate immediately abutting thereon, according to the frontage of such real estate thereon: Provided, That all lands so reverting shall revert to the owners of abutting lands holding the same by title derived directly or indirectly from the owners of said lands from which said street or alley or public reservation was originally platted.
History: L. 1905, ch. 519, § 3; February 18; R.S. 1923, § 12-506.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-507 Definition of terms.

12-507.
Definition of terms.
The terms "public loss or inconvenience" or "private right," as herein used, shall not be construed to extend to the taxes which may be levied upon the land vacated or excluded.
History: L. 1905, ch. 519, § 4; February 18; R.S. 1923, § 12-507.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-508 Fees; issuance of subpoenas.

12-508.
Fees; issuance of subpoenas.
The county clerk, sheriff and witnesses shall be entitled to the same fees as are allowed for like service in the district courts, and subpoenas may be issued by the county clerk for witnesses and served as from the district courts.
History: L. 1905, ch. 519, § 5; February 18; R.S. 1923, § 12-508.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-509 Costs; deposits.

12-509.
Costs; deposits.
The petitioner or petitioners shall be liable for all costs of the proceedings, whether the prayer of the petition be allowed or not; and upon filing the petition with the county clerk, there shall be deposited with the clerk twenty-five dollars to secure such costs, and the county clerk shall demand further deposits of money as in the opinion of the board of county commissioners may be necessary, at subsequent times, to further secure the probable costs of the proceedings; and no steps shall be taken in the proceedings while the petitioner or petitioners are in default of making the deposits as herein provided for.
History: L. 1905, ch. 519, § 6; February 18; R.S. 1923, § 12-509.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-510 Limitation of boundaries after exclusion of land.

12-510.
Limitation of boundaries after exclusion of land.
Whenever the board of county commissioners shall by order exclude any territory from any city, town, or village, they shall order that the boundaries of such city, town or village be changed to conform to the territory remaining in such city, town or village after such exclusion, and the county clerk shall certify a copy of the order in full to the governing body of such city, town or village, who shall thereupon by proper ordinance record the change.
History: L. 1905, ch. 519, § 7; February 18; R.S. 1923, § 12-510.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-510b Exclusion of veterans affairs medical center land from certain cities; procedure.

12-510b.
Exclusion of veterans affairs medical center land from certain cities; procedure.
(a) The governing body of any city in which is located a veterans affairs medical center, may exclude the veterans affairs medical center land from the corporate limits of the city in the manner provided by this section. The city shall adopt a resolution stating that the city is considering the exclusion of such land. The resolution shall:
(1) Give notice that a public hearing will be held to consider the exclusion of the land and fix the date, hour and place of the public hearing; and
(2) describe the boundaries of the land to be excluded.
The date fixed for the public hearing shall not be less than 60 nor more than 70 days following the date of the adoption of the resolution fixing the date of the hearing. A copy of the resolution shall be mailed by certified mail to the director or person in charge of the veterans affairs medical center not more than 10 days following the date of the adoption of the resolution. The resolution also shall be published in the official newspaper of the city not less than one week and not more than two weeks preceding the date fixed for the public hearing.
(b) At the public hearing, a representative of the city shall present the city's proposal for the exclusion of the land. Following the presentation, all interested persons shall be given an opportunity to be heard. The governing body may recess the hearing to a date and time certain which shall be fixed in the presence of persons in attendance at the hearing.
(c) Whenever the governing body of the city finds it advisable to exclude land under the provisions of this section, such exclusion shall be done by ordinance duly passed and published.
History:
L. 1994, ch. 145, § 1; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-512a Vacation of streets, avenues, alleys and lanes by cities; reservation of certain rights-of-way and easements.

12-512a.
Vacation of streets, avenues, alleys and lanes by cities; reservation of certain rights-of-way and easements.
Any city of the first class under K.S.A. 13-443, any city of the second class under K.S.A. 14-423, or any city of the third class under K.S.A. 15-427, or any amendments to said sections, in vacating by ordinance any street, avenue, alley or lane or part thereof may, reserve to the city and public utilities such rights-of-way and easements as in the judgment of the governing body of the city, are necessary or desirable for public service.
History:
L. 1965, ch. 118, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-512b Vacation of plats and other public reservations; recording plat or replat; reversion.

12-512b.
Vacation of plats and other public reservations; recording plat or replat; reversion.
In any area where there is a planning commission which has adopted subdivision regulations governing the platting or replatting of land, and the regulations provide for the giving of appropriate notice to all persons having property rights or interests affected by the platting or replatting, any plat or part thereof or street, alley or other public reservation, including, without limitation, easements, dedicated building setback lines, and access control, whether established by instrument, condemnation or earlier plats, shall be vacated both as to use and as to title without any further proceedings upon the filing and recording in accordance with the provisions of K.S.A. 12-403, and amendments thereto, of any plat or replat duly executed in accordance with law and embracing the same lands as those theretofore embraced by the earlier plat, or part thereof or street, alley or other public reservation. Streets, alleys or other public reservations which may be vacated shall revert, as provided in K.S.A. 12-506, and amendments thereto.
History:
L. 1967, ch. 99, § 1; L. 1969, ch. 73, § 1; L. 1983, ch. 62, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-513 Power to change frontage.

12-513.
Power to change frontage.
That the governing body of any incorporated city shall have the power to change the frontage of any lot or lots in such city in the manner hereinafter provided.
History:
L. 1879, ch. 79, § 1; March 13; R.S. 1923, § 12-513.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-514 Petition for change.

12-514.
Petition for change.
When the owner or owners of any lot or lots may desire to have the frontage thereof changed, they shall present to the governing body a petition, in writing, signed by such owner or owners, setting forth the description of such lot or lots with reference to the plat of such city and in accordance therewith, and specifically pointing out the change or changes desired, together with the reasons therefor, and shall attach to such petition two plats of each block that will be affected by the change prayed for — the first of which plats shall be an exact transcript of the then existing plat of such block as the same appears of record in the office of the register of deeds of the county; and the second of said plats shall accurately set forth and delineate the number, size and frontage of the lots comprised within such block as the same will be and appear in case the proposed change or changes of frontage shall be made.
History:
L. 1879, ch. 79, § 2; March 13; R.S. 1923, § 12-514.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-515 Hearing on petition; ordinance and certificate; plat; recordation.

12-515.
Hearing on petition; ordinance and certificate; plat; recordation.
Upon the presentation of such petition and plats it shall be the duty of the governing body, at its next regular meeting, to examine, consider and determine the same; and if it shall appear that the public interest and convenience will in no way be prejudiced by the proposed change, it shall be allowed and made by an ordinance to be for that purpose passed, approved, published, recorded and preserved in like manner as other ordinances of such city; and within ten days after the publication of such ordinance the city clerk shall make under his or her hand as such clerk, and the seal of such city, a certificate setting forth that by such ordinance (describing the same by its number and the date of its passage and publication) a certain block or certain blocks of such city (describing them according to their description upon the recorded plat of such city) have been changed so as to accord with the plat to which such certificate is attached, and attach the same to the plat last referred to in K.S.A. 12-514, and then file such plat in the office of the register of deeds of the county, where the same shall be recorded and preserved as a part of the plat of such city.
History:
L. 1879, ch. 79, § 3; March 13; R.S. 1923, § 12-515.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-516 Payment of costs; when change valid.

12-516.
Payment of costs; when change valid.
The person or persons so petitioning for such change or changes shall pay all costs incident thereto, and no such change or changes shall be of any validity until the certificate and plat referred to in K.S.A. 12-515 shall have been filed in the office of the register of deeds of the proper county.
History:
L. 1879, ch. 79, § 4; March 13; R.S. 1923, § 12-516.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-517 Resolution declaring boundary, when.

12-517.
Resolution declaring boundary, when.
Before the last day of December in any year in which any territory has been added to or excluded from any city, the governing body of such city shall declare by resolution the entire boundary of the city.
History:
L. 1957, ch. 86, § 1; L. 1986, ch. 69, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-518 Same; filing of certified copies.

12-518.
Same; filing of certified copies.
Whenever the governing body of any city shall declare by resolution the entire boundary of such city, the city clerk forthwith shall file a certified copy of such resolution with the county clerk, with the register of deeds of the county or counties in which such city is located and with the state transportation engineer, and the city clerk of any such city in a county having an election commissioner also shall file a certified copy of such resolution with the election commissioner. No fee shall be charged for such filings, and the register of deeds shall file but not record the certified copy of any such resolution which is filed in the office of such register of deeds.
History:
L. 1957, ch. 86, § 2; L. 1975, ch. 427, § 60; L. 1986, ch. 69, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-520b Plans for extension of services; reports, contents; statement of plans for extension of municipal services to area; consent, effect.

12-520b. Plans for extension of services; reports, contents; statement of plans for extension of municipal services to area; consent, effect.
(a) The governing body of any city proposing to annex land under the provisions of K.S.A. 12-520, and amendments thereto, shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the adoption of the resolution provided for in K.S.A. 12-520a, and amendments thereto, prepare a report setting forth such plans. The report shall include:
(1) A sketch clearly delineating the land proposed to be annexed and the area of the city adjacent thereto to show the following information:
(A) The present and proposed boundaries of the city affected by such proposed annexation;
(B) the present streets, water mains, sewers and other city utility lines, and the proposed extension thereof; and
(C) the general land use pattern in the areas to be annexed.
(2) A statement setting forth a plan of sufficient detail to provide a reasonable person with a full and complete understanding of the intentions of the city for extending to the area to be annexed each major municipal service provided to persons and property located within the city and the area proposed to be annexed at the time of annexation and the estimated cost of providing such services. The plan shall state the estimated cost impact of providing such services to the residents of the city and the residents of the area proposed to be annexed. The plan shall state the method by which the city plans to finance the extension of such services to such area. Such plan shall include a timetable of the plans for extending each major municipal service to the area annexed. The plan shall state the means by which the services currently provided by a township or special district in the area to be annexed shall be maintained by the city at a level which is equal to or better than the level of services provided prior to annexation. The plan shall state those services which shall be provided immediately upon annexation and those services which may be provided upon petition of the landowners to create a benefit district.
(b) A copy of the plan for extension of services shall be sent by certified mail not less than 10 days prior to the public hearing as provided in K.S.A. 12-520a, and amendments thereto, to the board of county commissioners.
(c) The preparation of a plan for the extension of services required by subsection (a) shall not be required for or as a prerequisite to the annexation of land of which all of the owners petition for or consent to such annexation in writing.
History:
L. 1974, ch. 56, § 3; L. 1987, ch. 66, § 4; L. 2011, ch. 101, § 6; June 2.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-520c Annexation of land not adjoining city, when; resolution to county commissioners; findings by board spread upon journal; effect; appeals to district court.

12-520c. Annexation of land not adjoining city, when; resolution to county commissioners; findings by board spread upon journal; effect; appeals to district court.
(a) The governing body of any city may by ordinance annex land not adjoining the city if the following conditions exist:
(1) The land is located within the same county as the city;
(2) the owner or owners of the land petition for or consent in writing to the annexation of the land; and
(3) the board of county commissioners of the county, by a 2/3 vote of the members thereof, find and determine that the annexation of the land will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county.
(b) No land adjoining any land annexed by any city under the provisions of this section shall be deemed to be adjoining the city for the purpose of annexation under any other act or section of this act until the adjoining land or the land annexed under this section shall adjoin the remainder of the city by reason of the annexation of the intervening territory.
(c) Whenever the governing body of any city deems it advisable to annex land under the provisions of this section, the governing body shall by resolution request the board of county commissioners of the county to make a finding as required under subsection (a)(3). The city clerk shall file a certified copy of the resolution with the board of county commissioners who shall, within 30 days following the receipt of the resolution, make findings and notify the governing body of the city of the board's decision.
Any owner or city aggrieved by the decision of the board of county commissioners may appeal from the decision of such board to the district court of the county in the manner and method set forth in K.S.A. 19-223, and amendments thereto. Any city so appealing shall not be required to execute the bond prescribed therein.
History:
L. 1974, ch. 56, § 5; L. 2015, ch. 91, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-521a Same; annexation of a fire district; criteria to be considered.

12-521a.
Same; annexation of a fire district; criteria to be considered.
When determining the effect of a proposed annexation on a fire district or a portion of a fire district, considerations by the board of county commissioners shall include, but not be limited to, the:
(a) Response time of the city and the fire district to the area proposed to be annexed;
(b) impact on the fire district from the decrease in its tax base if the annexation is approved;
(c) impact on the city's provision of fire service if the annexation is disapproved;
(d) impact on the residents of the area if the annexation is approved; and
(e) impact on the remainder of the fire district if the annexation is approved.
History:
L. 1993, ch. 147, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-522 Filing of annexation ordinance.

12-522.
Filing of annexation ordinance.
Upon the passage and publication of any annexation ordinance authorized under this act, the city clerk shall file a certified copy of such ordinance with the county clerk, the register of deeds, and the county election commissioner, if any, of the county or counties in which such city is located. No fee shall be charged for such filings, and the register of deeds shall file, but not record, the certified copies of such ordinances filed with him or her.
History:
L. 1967, ch. 98, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-523 Effective dates of annexation; exceptions.

12-523.
Effective dates of annexation; exceptions.
Annexation ordinances of cities shall take effect on publication as provided by law, except that any annexation ordinance published within 60 days before any election specified in this section shall become effective on the day following such election, unless such day is also within 60 days before any election specified in this section in which case such ordinance shall become effective on the day following the last such election. Elections to which this section shall apply are: (1) Primary and general election of state, county and national officers, and (2) primary and general city elections, and (3) primary and general school elections. The provisions of this section shall not apply to any special election.
History:
L. 1967, ch. 98, § 5; L. 2003, ch. 112, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-524 Annexation of city or part of city not authorized.

12-524.
Annexation of city or part of city not authorized.
Nothing in this act shall be construed to authorize any incorporated city to annex any part or the whole of any other incorporated city.
History:
L. 1967, ch. 98, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-524a Homestead rights; continuation after annexation; limitation.

12-524a. Homestead rights; continuation after annexation; limitation.
When land located outside a city is annexed by such city under K.S.A. 12-521 and 12-521a, and amendments thereto, any homestead rights attributable to such land prior to such annexation shall continue after annexation until such land is sold after annexation.
History:
L. 2011, ch. 101, § 4; June 2.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-526 Severability.

12-526.
Severability.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1967, ch. 98, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-528 Same; bonds; limitations; use of other funds.

12-528.
Same; bonds; limitations; use of other funds.
If deemed necessary, the city is hereby authorized to issue general obligation or revenue bonds of the city without an election for approval thereof, and may use water utility funds as are available for the purpose of making any payments authorized herein. Bonds issued under authority of this section shall not be subject to any limitation on the aggregate amount of bonds authorized to be issued by the city for any purpose nor shall bonds issued hereunder be subject to any such limitation.
History:
L. 1968, ch. 80, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-529 Annexation of military reservation prohibited.

12-529.
Annexation of military reservation prohibited.
(a) The governing body of any city shall not annex any territory of a United States military reservation.
(b) The provisions of this section shall be applicable to any annexation proceedings commencing after December 31, 1981.
(c) For purposes of this section, "military reservation" means an installation of the United States under the supervision and control of the secretary of the department of the army.
History:
L. 1982, ch. 59, § 1; April 15.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-530 Notice of proposed annexation to be given to planning commission; review by commission.

12-530.
Notice of proposed annexation to be given to planning commission; review by commission.
(a) Before any city annexes any land pursuant to K.S.A. 12-520 or 12-521, and amendments thereto, the governing body of the city shall submit its resolution of intent to annex adopted pursuant to K.S.A. 12-520, and amendments thereto, or a copy of the petition submitted to the board of county commissioners pursuant to K.S.A. 12-521, and amendments thereto, to any city, county, township or joint planning commission having jurisdiction over any portion of the area to be annexed. If the annexation is pursuant to K.S.A. 12-520, and amendments thereto, a copy of the resolution of intent to annex shall be submitted to the planning commission within 10 days following the adoption of the resolution by the city. If the annexation is by petition pursuant to K.S.A. 12-521, and amendments thereto, a copy of such petition shall be submitted to the planning commission within 20 days after the date on which the petition was presented to the board of county commissioners. The provisions of this subsection shall not apply to annexations pursuant to K.S.A. 12-520, and amendments thereto, for which no resolution or intent to annex is required to be adopted.
(b) The planning commission shall review the proposed annexation and make a finding of the compatibility or the incompatibility of the annexation with any adopted land use or comprehensive plans applicable to the area to be annexed and the annexing city. A copy of the planning commission's findings shall be sent to the city. If the city is annexing property pursuant to K.S.A. 12-521, and amendments thereto, a copy of such findings shall be filed with the board of county commissioners at least 20 days prior to the date of the hearing. The planning commission's findings shall be available for public inspection in the office of the city clerk. The failure of a planning commission to issue its advisory report prior to the date required by this section shall not invalidate any annexation commenced under K.S.A. 12-520 or 12-521, and amendments thereto, when the annexing city has complied with the provisions of this section.
History:
L. 1987, ch. 66, § 6; April 9.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-531 Hearing by county commissioners three years after annexation or to consider whether services provided; compelling hearing, attorney fees.

12-531. Hearing by county commissioners three years after annexation or to consider whether services provided; compelling hearing, attorney fees.
(a) Three years following the annexation of any land pursuant to K.S.A. 12-520 or 12-521, and amendments thereto, or, where there has been litigation relating to the annexation, three years following the conclusion of such litigation, the board of county commissioners shall call a hearing to consider whether the city has provided the municipal services as provided in the timetable set forth in the plan in accordance with K.S.A. 12-520b or 12-521, and amendments thereto. The board of county commissioners shall schedule the matter for public hearing and shall give notice of the date, hour and place of the hearing to: (1) The city; and (2) any landowner in the area subject to the service extension plan.
(b) At the hearing, the board shall hear testimony as to the city's extension of municipal services, or lack thereof, from the city and the landowner. After the hearing, the board shall make a finding as to whether or not the city has provided services in accordance with its service extension plan. If the board finds that the city has not provided services as provided in its service extension plan, the board shall notify the city and the landowner that such property may be deannexed, as provided in K.S.A. 12-532, and amendments thereto, if the services are not provided within 1½ years of the date of the board's findings.
(c) If the board of county commissioners refuses to hold the hearing as required, any owner of land living in such area annexed may bring an action under provisions of K.S.A. 60-1201 et seq., and amendments thereto, to compel the board to hold the hearing. The court, upon finding the hearing is required, shall award reasonable attorney fees and costs to the landowner.
History:
L. 1987, ch. 66, § 7; L. 2011, ch. 101, § 8; June 2.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-534 Agreement by city to extend municipal services; consent to annexation by owner and successors; filing of agreement with register of deeds.

12-534.
Agreement by city to extend municipal services; consent to annexation by owner and successors; filing of agreement with register of deeds.
Any written agreement entered into between a city and the owner of land proposed to be annexed by the city which conditions the delivery or extension of municipal water, sewer, electrical, gas or other services to the land, regardless of the size of the land, on the consent of the owner to annexation on a later date shall be deemed to be a sufficient consent to annexation under K.S.A. 12-520, and amendments thereto, by the owner and any successors in interest. Such agreements shall be filed by the city in the office of the register of deeds of the county where the land is located within 30 days after being executed by all parties. Any such agreement executed prior to the effective date of this act shall be binding upon the owner and any successors in interest if the agreement is filed by the city in the office of the register of deeds of the county where the land is located within 180 days following the effective date of this act; however, the failure to so file any written agreement within 180 days shall not make such agreement void or otherwise unenforceable.
History:
L. 1987, ch. 66, § 10; April 9.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-535 Contractual agreement to guarantee apportionment of costs of improvements.

12-535.
Contractual agreement to guarantee apportionment of costs of improvements.
The governing body of any city annexing land pursuant to K.S.A. 12-520 or 12-521, and amendments thereto, may enter into contractual agreements with the owners of land proposed to be annexed to guarantee the apportionment of the costs of improvements made in the area to be annexed between the city at large and the area to be annexed. The term of such agreements shall not exceed 10 years. In the event the city apportions the costs of improvements in a manner contrary to the contractual agreement, the owners of land may bring an action in the district court for deannexation, such action shall be subject to the provisions of K.S.A. 12-533.
This section shall not preclude the formation of a benefit district to make such improvements upon petition by landowners in the area to be annexed.
History:
L. 1987, ch. 66, § 11; April 9.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-536 Effect of act on certain annexations.

12-536.
Effect of act on certain annexations.
The provisions of this act shall be applicable to any annexation made without the written consent of or petition by the landowners and which is not completed before the effective date of this act. For the purpose of this section "completed" means the date of the publication of the annexation ordinance as provided by K.S.A. 12-523, and amendments thereto.
History:
L. 1987, ch. 66, § 12; April 9.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-537 Severability.

12-537.
Severability.
If any part or parts of this act are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History:
L. 1987, ch. 66, § 13; April 9.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-538 Actions challenging certain annexations under K.S.A. 12-520; considerations of the court.

12-538.
Actions challenging certain annexations under K.S.A. 12-520; considerations of the court.
Any owner of land annexed by a city under the authority of K.S.A. 12-520(a)(1) through (6), and amendments thereto, and any city whose nearest boundary line is located within 1/2 mile of the land being so annexed, within 30 days next following the publication of the ordinance annexing the land, may maintain an action in district court of the county in which the land is located challenging the authority of the city to annex the land, whether the annexation was reasonable, whether the service plan was adequate and the regularity of the proceeding had in connection with the annexation procedures. When determining the reasonableness of an annexation in the case of a city challenging the annexation, the court shall include in its considerations the effect the annexation has on the future growth of the city challenging the annexation.
History:
L. 2005, ch. 155, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-539 Annexation of lands located in rural water district; notice.

12-539.
Annexation of lands located in rural water district; notice.
Not less than 60 days before the effective date of any ordinance annexing land into the boundaries of any city:
(a) The city shall give written notice to any rural water district organized pursuant to K.S.A. 82a-612 et seq., and amendments thereto, in whose territory the land or any portion thereof is located of the city's intent to annex such land; and
(b) the notice shall contain the description of the land to be annexed and the city's plan for the provision of water service to the land being annexed.
History:
L. 2010, ch. 15, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-540 Same; contract for district to provide water service; franchise fee.

12-540.
Same; contract for district to provide water service; franchise fee.
Following annexation of rural water district territory by a city, the city and the district may contract for the district to provide water service to all or certain portions of the annexed area. If the agreement includes a provision for the payment of a franchise fee to the city, such agreement shall be subject to the provisions of K.S.A. 12-2001 et seq., and amendments thereto.
History:
L. 2010, ch. 15, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-542 Part of Kansas rural water district act.

12-542.
Part of Kansas rural water district act.
The provisions of K.S.A. 82a-612 and 82a-646 and K.S.A. 12-539, 12-540 and 12-541 shall be part of and supplemental to the Kansas rural water district act.
History:
L. 2010, ch. 15, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-546 City annexation of land in fire district; dual taxation; refund.

12-546. City annexation of land in fire district; dual taxation; refund.
(a) If any land located within a fire district is annexed by a city and such land is not detached from the fire district by the end of the tax year, the owner of such land shall be entitled to a refund of all ad valorem taxes paid for fire service, excluding ad valorem taxes paid for general obligation bonds issued by the fire district, prior to annexation, to either the city or the fire district, whichever entity levies taxes for fire service against the land but does not provide such service.
(b) Cities and fire districts shall establish procedures for landowners to obtain refunds of ad valorem property taxes as required by this section.
History:
L. 2011, ch. 101, § 12; L. 2013, ch. 129, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-547 Vacation of the original plat dedication of certain blocks in the city of Americus.

12-547. Vacation of the original plat dedication of certain blocks in the city of Americus.
Lots dedicated in the northeast section of the original town plat for the city of Americus, Kansas, for a college and for a park are hereby vacated from such dedication, and fee simple title to such lots are vested in the city of Americus, Kansas, to dispose of at the discretion of the city's governing body.
History:
L. 2021, ch. 44, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 5 - Additions, Vacation And Lot Frontage › 12-548 Appeals of decisions of any city vacating or excluding land or improving or vacating streets or alleys; action in district court; filing deadline.

12-548. Appeals of decisions of any city vacating or excluding land or improving or vacating streets or alleys; action in district court; filing deadline.
Any owner of land aggrieved by the decision of the city governing body under the provisions of K.S.A. 12-505, 13-443, 14-423 and 15-427, and amendments thereto, within 30 days following the publication of the vacation ordinance, may bring an action in district court challenging the reasonableness of such decision.
History:
L. 2021, ch. 44, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-601 Cost of street improvements assessed against abutting owners.

12-601.
Cost of street improvements assessed against abutting owners.
Whenever any street or avenue in any city shall be graded, regraded, paved, repaved, curbed, recurbed, guttered, reguttered, macadamized, remacadamized, or otherwise improved, the cost of such improvement shall be paid by and assessed to the property on each side of said street or avenue to the middle of the block.
History: R.S. 1923, § 12-601; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-603 Intervening street connections.

12-603.
Intervening street connections.
Whenever any adjoining parallel streets or alleys in the city shall have been graded, guttered, curbed, paved, or macadamized, the governing body may, when they deem it necessary, grade, gutter, curb, pave or macadamize any intervening connecting street or alley, or portion thereof; and in all cases when two or more portions of any street or alley have been graded, guttered, curbed, paved, or macadamized, and intervening portions of said street or alley have not been graded, guttered, curbed, paved, or macadamized, the governing body may by resolution cause the intervening portion to be graded, guttered, curbed, paved or macadamized not to exceed two blocks, and levy special assessments to pay for the same, regardless of any protests of the property owners affected thereby.
History: R.S. 1923, § 12-603; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-604 State or federal lands.

12-604.
State or federal lands.
Whenever any lands owned by the state of Kansas or the government of the United States are situated within the corporate limits of any city, and such city desires to grade or regrade, pave or repave, curb or recurb, or gutter or regutter the streets, avenues or alleys adjacent to such lands, it may proceed to do so under the laws in force in reference to grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering streets, avenues or alleys in such cities; and such cities are hereby authorized and empowered for the purpose of grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering the one-half street, avenue or alley adjacent to said lands, or the entire street, avenue or alley in case the adjacent lands on both sides of said street, avenue or alley are owned by the state of Kansas or the government of the United States, to contract for the grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering and pay for the same in the manner that they contract and pay for the grading or regrading, paving or repaving, curbing or recurbing, or guttering or reguttering the intersections of streets, avenues or alleys.
History: R.S. 1923, § 12-604; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-605 Grading districts; block assessments.

12-605.
Grading districts; block assessments.
In all cases where grading is to be done, the entire distance to be graded shall constitute the grading district, but for all paving, repaving, macadamizing, remacadamizing, curbing, recurbing, guttering and reguttering of streets, avenues and alleys, the special assessments shall be made for the full cost thereof on each block separately.
History: R.S. 1923, § 12-605; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-606 Assessments against unplatted or partially platted lands; extent of benefit district.

12-606.
Assessments against unplatted or partially platted lands; extent of benefit district.
Where any of the improvements specified in this act are to be made upon streets or avenues, and the pieces of land abutting on such improvement shall not be divided into lots or blocks, the assessments for such improvement shall be made on the piece or pieces of ground adjoining such improvement or through which the same may be located to the distance of 300 feet from the street or avenue upon which such improvements are made extending along the street or avenue the distance improved or to be improved: Provided, That where the street or avenue to be improved runs partially through platted ground and partially through unplatted ground, the assessments for the payment of the cost of the construction of the improvement on the street or avenue running through the unplatted ground shall be levied on the lots and pieces of ground along said street or avenue on either side thereof, to the same distance on either side of said street or avenue as the levy is made where the street or avenue to be improved runs through platted ground: Provided, That in no case shall the benefit district extend more than half way to the street or public highway parallel with and next to the public ground to be improved.
History: R.S. 1923, § 12-606; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 6 - Public Improvements › 12-607 Alleys; connecting alleys.

12-607.
Alleys; connecting alleys.
Any alley may be graded or regraded, paved or repaved in the same manner as provided for the grading or regrading, paving or repaving of a street or avenue. The governing body may, when they deem it necessary, grade or regrade and pave or repave any intervening alley connecting two streets or avenues which are paved.
History: R.S. 1923, § 12-607; December 27.