PARKS, PUBLIC SQUARES AND MARKET SQUARES

K.S.A. ch. 12, art. 13

in effect

K.S.A. 12-1301 Land for park purposes; sales or exchanges in connection with parks; use of moneys; notice; protest; election; validation of prior sales and conveyances.

12-1301. Land for park purposes; sales or exchanges in connection with parks; use of moneys; notice; protest; election; validation of prior sales and conveyances. Any city may acquire by purchase, or lease or may take options upon, land within or without the limits of said city to be used as a public park for the use and benefit of the people of said city. Any city may trade or exchange any public park, public square or market square which it may own, or any portion thereof, for other land to be used for similar purposes, or may sell the same. Any such sale heretofore made is hereby confirmed, legalized and declared to be a valid sale and conveyance. Before making any such trade or exchange or sale, the city shall first publish notice of such proposal in the official city paper once each week for two consecutive weeks upon the same day of the week and, if within thirty (30) days from the date of the last publication there has not been filed with the city clerk of such city a protest signed by qualified electors of such city equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, such city may make such sale, trade or exchange. In the event such a petition is filed with the city clerk within the time prescribed above no such sale, trade or exchange shall be made until the governing body shall be instructed so to do by a majority of all the votes cast on this proposition at a regular or special election. Any election required as herein provided shall be called and held as provided by law for bond elections. R.S. 1923, § 12-1301; L. 1939, ch. 97, § 1; L. 1941, ch. 107, § 1; L. 1947, ch. 121, § 1; L. 1965, ch. 106, § 1; L. 1976, ch. 77, § 2; April 8. Source or prior law: L. 1903, ch. 135, §§ 1, 4; L. 1909, ch. 69, § 1; L. 1915, ch. 125, § 1; L. 1921, ch. 97, § 1. Attorney General's Opinions: City land for park purposes; sales or exchanges. 83-146. Cities issuance of bonds for motor sports raceway park valid exercise of home rule powers. 87-57. City may sublease public park land for construction and maintenance of a public golf course. 87-88. Initiative and referendum ordinances; bid procedure for sale of city-owned property to highest bidder. 95-42. CASE ANNOTATIONS 1. Section cited in discussing liability of city for damages. Harper v. City of Topeka, 92 Kan. 11, 17, 139 P. 1018. 2. Reproduction of natural pond held not an attractive nuisance. Harper v. City of Topeka, 92 Kan. 11, 17, 139 P. 1018. 3. City may not sell public squares dedicated by plat. State, ex rel., v. City of Manhattan, 115 Kan. 794, 225 P. 85. 4. Statutory authority to acquire park and use as airport considered. City of Wichita v. Clapp, 125 Kan. 100, 107, 263 P. 12. 5. Filing of petition not necessary under this section. Smith v. Fuest, 125 Kan. 341, 343, 262 P. 1069. 6. Mayor not required to sign contract for expenditure larger than authorized amount. City of Iola v. Hobart, 141 Kan. 709, 714, 42 P.2d 977. 7. Condemnation proceeding to establish automobile parking places held void. Barker v. Kansas City, 146 Kan. 347, 365, 70 P.2d 5. 8. Cited; private citizen cannot maintain action to enjoin city's operation of wholesale market. Douglas v. City of Wichita, 148 Kan. 619, 620, 621, 83 P.2d 657. 9. Land condemned for one purpose reverts to original owner when no longer used or needed for the purpose for which condemned. Isley v. Bogart, 338 F.2d 33. 10. City park is governmental function; rotating swing not nuisance. Fowler v. City of Winfield, Kansas, 286 F.2d 385. 11. Zoo in public park is governmental function; tests for determination. Grover v. City of Manhattan, 198 Kan. 307, 310, 424 P.2d 256.

K.S.A. 12-1302 Same; bonds for land and improvements; election.

12-1302. Same; bonds for land and improvements; election. For the purpose of acquiring land for park purposes under the provisions of this act or for the improvement thereof, cities may issue bonds whenever in the judgment of the governing body thereof it shall be expedient to acquire such lands or make such improvements: Provided, No such bonds shall be issued for the purpose of making improvements for park purposes until the governing body shall be instructed to do so by a majority of all the votes cast on the proposition at any general or special election: Provided further, Before bonds shall be issued for the purpose of acquiring land for park purposes under the provisions of this act the governing body of the city shall cause to be published once each week for two (2) consecutive weeks in the official city paper a notice of its intention to acquire such lands and issue bonds in payment thereof, which shall describe the lands to be acquired and the amount of the bonds to be issued. Such bonds may be issued and the property acquired unless a petition requesting an election upon the issuance of such bonds, signed by electors equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, is filed with the city clerk within thirty (30) days following the last publication of such resolution. In the event a sufficient petition is filed within the time provided, no such bonds shall be issued until the governing body shall have submitted the question to and received the approval of a majority of those voting on the proposition at an election. Any election held and any bonds issued shall be as provided by the general law. R.S. 1923, § 12-1302; L. 1925, ch. 96, § 1; L. 1939, ch. 97, § 2; L. 1965, ch. 106, § 2; June 30. Source or prior law: L. 1903, ch. 135, §§ 2, 5, 6; L. 1909, ch. 69, § 2; L. 1917, ch. 89, § 1. Attorney General's Opinions: Cities issuance of bonds for motor sports raceway park valid exercise of home rule powers. 87-57. Home rule powers of cities and counties; bond issuance. 88-92. CASE ANNOTATIONS 1. Mayor not required to sign contract for expenditure larger than authorized amount. City of Iola v. Hobart, 141 Kan. 709, 711, 714, 42 P.2d 977.

K.S.A. 12-1302a Bonds for swimming pools; nonlitigation certificate, exception.

12-1302a. Bonds for swimming pools; nonlitigation certificate, exception. The governing body of any city which, prior to the effective date of this act, has authorized, pursuant to the provisions of K.S.A. 12-1302 , and amendments thereto, the issuance of general obligation bonds of the city in the amount of $75,000 for the purpose of swimming pool and other park improvements is hereby authorized to issue and sell such bonds in the manner provided by law without approval by election and without executing a nonlitigation certificate required by K.S.A. 10-108a , and amendments thereto. All proceedings for the issuance of such bonds and all bonds issued pursuant thereto are hereby validated and confirmed. The total amount of bonds issued under authority of this act shall not exceed the amount of $75,000. L. 1986, ch. 60, § 1; April 17.

K.S.A. 12-1303 City parks; maintenance; tax levy, use of proceeds.

12-1303. City parks; maintenance; tax levy, use of proceeds. For the purpose of maintaining such parks and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 , and amendments thereto, by cities located in the county, cities are hereby authorized to levy a tax to be known as park tax. L. 1909, ch. 69, § 3; R.S. 1923, § 12-1303; L. 1979, ch. 52, § 42; July 1. Source or prior law: L. 1903, ch. 135, § 3. CASE ANNOTATIONS 1. Limitation of tax levies in cities considered. Bush v. City of Beloit, 105 Kan. 79, 81, 181 P. 615.

K.S.A. 12-1304 Same; park control and regulations.

12-1304. Same; park control and regulations. City parks so established shall be under the control of the governing body of said cities, who shall provide for the establishing and care of the same out of the funds raised as aforesaid, and shall make suitable regulations for the care and government of such parks. L. 1909, ch. 69, § 4; March 26; R.S. 1923, § 12-1304. CASE ANNOTATIONS 1. Liability of city in maintenance of parks considered. Harper v. City of Topeka, 92 Kan. 11, 17, 139 P. 1018. 2. Reproduction of natural pond held not an attractive nuisance. Harper v. City of Topeka, 92 Kan. 11, 17, 139 P. 1018.

K.S.A. 12-1305

K.S.A. 12-1306 Eminent domain.

12-1306. Eminent domain. Whenever it shall become necessary in any city to condemn or appropriate land within or without the limits of the city for public parks for the use and benefit of the people of the city and the governing body of the city declares it necessary to condemn or appropriate any private property for which the purchase price cannot be agreed upon with the owner of such property, the governing body of the city shall cause a survey to be made by a licensed land surveyor or a professional engineer who is competent to conduct a land survey, and such survey and description of the land so required shall be filed with the city clerk. Thereupon, the governing body of the city shall make an order declaring the necessity of such appropriation and the purposes for which the land is to be condemned or appropriated and a description of the land as shown by the survey, and all other and further proceedings necessary for the condemnation and appropriation of the land shall be had and conducted as provided by law. R.S. 1923, 12-1306; L. 2006, ch. 192, § 7; July 1. Source or prior law: L. 1915, ch. 124, § 1. CASE ANNOTATIONS 1. Cited; city before taking property must make order declaring appropriation necessary. Barker v. Kansas City, 146 Kan. 347, 365, 70 P.2d 5.

K.S.A. 12-1307 through 12-1309

K.S.A. 12-1310 Cemetery land for park purposes.

12-1310. Cemetery land for park purposes. The governing body of any city may and they are hereby given authority to set aside for park purposes any portion of cemetery land owned by said city that is unsuitable for burial purposes, and such tracts thus set apart for park purposes shall be deemed and held to be public parks and not cemetery land. L. 1933, ch. 117, § 1; March 3.

K.S.A. 12-1311 Same; application.

12-1311. Same; application. This act shall apply only to cities now owning cemetery land unsuitable for burial purposes. L. 1933, ch. 117, § 2; March 3.

K.S.A. 12-1312 through 12-1317

K.S.A. 12-1318

K.S.A. 12-1319

K.S.A. 12-1320 Vacation of market square located in ward 1 of city of Manhattan.

12-1320. Vacation of market square located in ward 1 of city of Manhattan. The market square, excepting a fifteen foot (15') alley located in the center thereof, abutting on lots 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 and 312, located in ward 1 in the city of Manhattan, Riley county, Kansas, and including any streets located immediately north and south of such market square are hereby vacated; and the title and ownership of the land in the market square so vacated is hereby vested in the abutting property owners located on each side of the vacated square to the nearest boundary line of the alley located between the abutting property owners and to the same width as the lots owned by such abutting owners of property. L. 1970, ch. 74, § 1; July 1.

K.S.A. 12-1321 Vacation of market square located in ward 2 of city of Manhattan.

12-1321. Vacation of market square located in ward 2 of city of Manhattan. The market square, excepting a fifteen foot (15') alley located in the center thereof, abutting on lots 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147 and 148, located in ward 2 in the city of Manhattan, Riley county, Kansas, and including any streets located immediately north and south of such market square are hereby vacated; and the title and ownership of the land in the market square so vacated is hereby vested in the abutting property owners located on each side of the vacated square to the nearest boundary line of the alley located between the abutting property owners and to the same width as the lots owned by such abutting owners of property. L. 1970, ch. 74, § 2; July 1.

K.S.A. 12-1322 Vacation of market square located in ward 3 of city of Manhattan.

12-1322. Vacation of market square located in ward 3 of city of Manhattan. The market square, excepting a fifteen foot (15') alley located in the center thereof, abutting on lots 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277 and 278, located in ward 3 in the city of Manhattan, Riley county, Kansas, and including any streets located immediately north and south of such market square are hereby vacated; and the title and ownership of the land in the market square so vacated is hereby vested in the abutting property owners located on each side of the vacated square to the nearest boundary line of the alley located between the abutting property owners and to the same width as the lots owned by such abutting owners of property. L. 1970, ch. 74, § 3; July 1.

K.S.A. 12-1323 Vacation of market square located in ward 4 of city of Manhattan.

12-1323. Vacation of market square located in ward 4 of city of Manhattan. The market square, excepting a fifteen foot (15') alley located in the center thereof, abutting on lots 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287 and 288, located in ward 4 in the city of Manhattan, Riley county, Kansas, and including any streets located immediately north and south of such market square are hereby vacated; and the title and ownership of the land in the market square so vacated is hereby vested in the abutting property owners located on each side of the vacated square to the nearest boundary line of the alley located between the abutting property owners and to the same width as the lots owned by such abutting owners of property. L. 1970, ch. 74, § 4; July 1.

K.S.A. 12-1324 Vacation of market square located in ward 5 of city of Manhattan.

12-1324. Vacation of market square located in ward 5 of city of Manhattan. The market square, excepting a fifteen foot (15') alley located in the center thereof, abutting on lots 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 and 312, located in ward 5 in the city of Manhattan, Riley county, Kansas, and including any streets located immediately north and south of such market square are hereby vacated; and the title and ownership of the land in the market square so vacated is hereby vested in the abutting property owners located on each side of the vacated square to the nearest boundary line of the alley located between the abutting property owners and to the same width as the lots owned by such abutting owners of property. L. 1970, ch. 74, § 5; July 1.

K.S.A. 12-1325 Vacation of market square abutting lots 185 through 200 in ward 6 of city of Manhattan.

12-1325. Vacation of market square abutting lots 185 through 200 in ward 6 of city of Manhattan. The market square, excepting a fifteen foot (15') alley located in the center thereof, abutting on lots 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199 and 200, located in ward 6 in the city of Manhattan, Riley county, Kansas, and including any streets located immediately north and south of such market square are hereby vacated; and the title and ownership of the land in the market square so vacated is hereby vested in the abutting property owners located on each side of the vacated square to the nearest boundary line of the alley located between the abutting property owners and to the same width as the lots owned by such abutting owners of property. L. 1970, ch. 74, § 6; July 1.

K.S.A. 12-1326 Vacation of market square abutting lots 297 through 312 in ward 6 of city of Manhattan.

12-1326. Vacation of market square abutting lots 297 through 312 in ward 6 of city of Manhattan. The market square, excepting a fifteen foot (15') alley located in the center thereof, abutting on lots 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 and 312, located in ward 6 in the city of Manhattan, Riley county, Kansas, and including any streets located immediately north and south of such market square are hereby vacated; and the title and ownership of the land in the market square so vacated is hereby vested in the abutting property owners located on each side of the vacated square to the nearest boundary line of the alley located between the abutting property owners and to the same width as the lots owned by such abutting owners of property. L. 1970, ch. 74, § 7; July 1.

Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch12.htmlFetched: 10/20/2026