For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

ADDITIONS, VACATION AND LOT FRONTAGE

K.S.A. ch. 12, art. 5
in effect

K.S.A. 12-503a Annexation of parts of townships, improvement districts and other units; providing of services in area annexed; payment of cost.

12-503a. Annexation of parts of townships, improvement districts and other units; providing of services in area annexed; payment of cost. Whenever all or any part of any township, improvement district, or other governmental unit is annexed to any city, such township, improvement district or other governmental unit may, continue to furnish services for the year for which taxes have been levied or collected in those areas of the district annexed, or in the alternative, shall surrender the taxes collected to the annexing city to be used specifically for the purposes for which the tax was collected. No improvement district shall continue to make a levy for its general fund upon territory annexed to any city, from and after the effective date of such annexation. L. 1963, ch. 499, § 1; L. 1967, ch. 81, § 1; July 1. Attorney General's Opinions: Effect of annexation on fire district territory. 81-213. Additions, vacation and lot frontage; taxation of annexed territory. 86-30. Annexation of townships. 86-82. County extension councils; county treasurer; remaining account balance at end of budget year. 89-55.

K.S.A. 12-503b Same; act inapplicable to school districts.

12-503b. Same; act inapplicable to school districts. The provisions of this act shall have no application with respect to schools, school districts, taxation for any school purpose or school services. L. 1963, ch. 499, § 2; June 30.

K.S.A. 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. 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. Source or prior law: L. 1862, ch. 108, §§ 1, 5; G.S. 1868, ch. 108, p. 1071, § 1; L. 1877, ch. 190, §§ 1, 3; L. 1891, ch. 245, §§ 1, 3; L. 1897, ch. 267; §§ 1–3; L. 1905, ch. 519, § 1; Revised, 1923. Cross References to Related Sections: Vacation of streets and alleys in cities first class, see 13-443. Vacation of streets and alleys in cities second class, see 14-423. Law Review and Bar Journal References: Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 436 (1970). Attorney General's Opinions: City land for park purposes; sales or exchanges. 83-146. Title to lands platted as city and townsite public squares; responsibility of county. 83-179. CASE ANNOTATIONS 1. Act held constitutional and valid; title held sufficient. Brook v. Blue Mound, 61 Kan. 184, 59 P. 273. 2. Finding of jury binding upon court. In re Robinson, 62 Kan. 426, 63 P. 426. 3. "Public loss and inconvenience" or "public right" defined. In re Robinson, 62 Kan. 426, 63 P. 426. 4. Exclusion not denied because ability to pay bonds injured. In re Robinson, 62 Kan. 426, 63 P. 426. 5. Provisions of act requiring exclusion upon petition and finding unconstitutional. Hutchinson v. Leimbach, 68 Kan. 37, 74 P. 598. 6. Conferring of power to vacate upon one tribunal not exclusive. Eudora v. Hartig, 68 Kan. 742, 746, 75 P. 1113. 7. Procedure to determine true boundary of city; quo warranto. The State, ex rel., v. City of Hutchinson, 102 Kan. 325, 328, 169 P. 1140. 8. County board cannot authorize vacation of streets under this section. Bolmar v. Shawnee County, 114 Kan. 552, 554, 220 P. 245. 9. Discussed; city without authority to change boundaries without county commissioners' consent. Atchison & Eastern Bridge Co. v. Atchison County Comm'rs, 150 Kan. 24, 26, 27, 91 P.2d 34. 10. Mentioned in holding vacated alley reverted to owner adjoining lots under R.S. 1923, 13-443. Luttgen v. Ergenbright, 161 Kan. 183, 190, 166 P.2d 712. 11. Proceedings under act considered in action concerning reversionary rights in street. Truck-Trailer Supply Co., Inc. v. Farmer, 181 Kan. 396, 398, 311 P.2d 1004. 12. Cited in holding K.S.A. 12-529 constitutional delegation over manner cities may alter boundaries. Board of Riley County Comm'rs v. City of Junction City, 233 Kan. 947, 949, 959, 667 P.2d 868 (1983). 13. Protest and veto rights of adjoining landowners in street vacation proceedings determined; "both sides of any street" construed. Garber Enterprises, Inc. v. City of Lawrence, 14 Kan. App. 2d 656, 659, 798 P.2d 946 (1990).

K.S.A. 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. 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. Source or prior law: L. 1862, ch. 108, §§ 2, 3, 5; G.S. 1868, ch. 108, p. 1072, §§ 2, 3; L. 1877, ch. 190, §§ 2, 4; L. 1891, ch. 245, § 2; L. 1897, ch. 267, §§ 2, 4. Law Review and Bar Journal References: Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 436 (1970). CASE ANNOTATIONS 1. Proceedings under act considered in action concerning reversionary rights in street. Truck-Trailer Supply Co., Inc. v. Farmer, 181 Kan. 396, 398, 311 P.2d 1004. 2. Protest and veto rights of adjoining landowners in street vacation proceedings determined; "both sides of any street" (K.S.A. 12-504) construed. Garber Enterprises, Inc. v. City of Lawrence, 14 Kan. App. 2d 656, 657, 798 P.2d 946 (1990).

K.S.A. 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. L. 1905, ch. 519, § 3; February 18; R.S. 1923, § 12-506. Source or prior law: L. 1862, ch. 108, § 4; G.S. 1868, ch. 108, p. 1072, § 4; L. 1877, ch. 190, § 5; L. 1897, ch. 267, § 5. Cross References to Related Sections: Cities first class, see 13-443. CASE ANNOTATIONS 1. Land purchased for street; fee vests in county; reverter upon vacation. Miller-Carey Drilling Co. v. Shaffer, 144 Kan. 508, 515, 61 P.2d 1320. 2. Discussed in holding vacated alley reverted to owner adjoining lots under R.S. 1923, 13-443. Luttgen v. Ergenbright, 161 Kan. 187, 190, 193, 166 P.2d 712. 3. Reversion is in proportion to frontage of adjoining lot. Roxana Petroleum Corporation v. Sutter, 28 F.2d 159, 161. 4. Vacation of alley; land reverts; reopening. Myers v. Strauss, 171 Kan. 91, 92, 229 P.2d 774. 5. Proceedings under act considered in action concerning reversionary rights in street. Truck-Trailer Supply Co., Inc. v. Farmer, 181 Kan. 396, 398, 311 P.2d 1004. 6. Section cited as comparison to K.S.A. 13-443. J & S Building Co. v. Columbian Title & Trust Co., 1 Kan. App. 2d 228, 232, 563 P.2d 1086.

K.S.A. 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. L. 1905, ch. 519, § 4; February 18; R.S. 1923, § 12-507. Source or prior law: L. 1897, ch. 267, § 7.

K.S.A. 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. L. 1905, ch. 519, § 5; February 18; R.S. 1923, § 12-508.

K.S.A. 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. L. 1905, ch. 519, § 6; February 18; R.S. 1923, § 12-509. Source or prior law: L. 1862, ch. 108, § 3; G.S. 1868, ch. 108, p. 1072, § 3; L. 1897, ch. 267, § 8.

K.S.A. 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. L. 1905, ch. 519, § 7; February 18; R.S. 1923, § 12-510. CASE ANNOTATIONS 1. Ordinance enacted hereunder held enacted under color of law. Horner v. City of Atchison, 93 Kan. 557, 560, 144 P. 1010. 2. Change in boundary is required to be recorded by ordinance. The State, ex rel., v. City of Hutchinson, 102 Kan. 325, 328, 169 P. 1140. 3. Proceedings under act considered in action concerning reversionary rights in street. Truck-Trailer Supply Co., Inc. v. Farmer, 181 Kan. 396, 398, 311 P.2d 1004.

K.S.A. 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. L. 1994, ch. 145, § 1; April 14. Attorney General's Opinions: Notice of adjourned, recessed or continued meetings subject to open meetings act. 96-14.

K.S.A. 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. L. 1965, ch. 118, § 1; June 30. Law Review and Bar Journal References: 1963-65 survey of real and personal property law, John William Strong, 14 K.L.R. 341, 343 (1965). Attorney General's Opinions: Utility easement is not a public right-of-way. 2003-28.

K.S.A. 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. L. 1967, ch. 99, § 1; L. 1969, ch. 73, § 1; L. 1983, ch. 62, § 1; July 1.

K.S.A. 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. L. 1879, ch. 79, § 1; March 13; R.S. 1923, § 12-513. CASE ANNOTATIONS 1. Changes made hereunder have no validity until act complied with. The State v. Head, 34 Kan. 419, 8 P. 722. 2. Section not applicable in action to enjoin city from vacating street. Babb v. City of Wichita, 175 Kan. 148, 152, 259 P.2d 581.

K.S.A. 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. L. 1879, ch. 79, § 2; March 13; R.S. 1923, § 12-514. CASE ANNOTATIONS 1. Section not applicable in action to enjoin city from vacating street. Babb v. City of Wichita, 175 Kan. 148, 152, 259 P.2d 581.

K.S.A. 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. L. 1879, ch. 79, § 3; March 13; R.S. 1923, § 12-515. CASE ANNOTATIONS 1. Changes made have no validity until certificate and plat filed. The State v. Head, 34 Kan. 419, 8 P. 722. 2. Certificate must be in substantial compliance with provisions of act. The State v. Head, 34 Kan. 419, 8 P. 722. 3. Section not applicable in action to enjoin city from vacating street. Babb v. City of Wichita, 175 Kan. 148, 152, 259 P.2d 581.

K.S.A. 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. L. 1879, ch. 79, § 4; March 13; R.S. 1923, § 12-516. CASE ANNOTATIONS 1. Section not applicable in action to enjoin city from vacating street. Babb v. City of Wichita, 175 Kan. 148, 152, 259 P.2d 581.

K.S.A. 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. L. 1957, ch. 86, § 1; L. 1986, ch. 69, § 1; July 1. Source or prior law: 12-510a, 13-201, 13-1601, 14-446. Law Review and Bar Journal References: "Home Rule for Kansas Cities," Albert B. Martin, 10 K.L.R. 502 (1962). CASE ANNOTATIONS 1. Cited in holding K.S.A. 12-529 constitutional delegation over manner cities may alter boundaries. Board of Riley County Comm'rs v. City of Junction City, 233 Kan. 947, 949, 959, 667 P.2d 868 (1983).

K.S.A. 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. L. 1957, ch. 86, § 2; L. 1975, ch. 427, § 60; L. 1986, ch. 69, § 2; July 1.

K.S.A. 12-519 Definitions.

12-519. Definitions. As used in this act: (a) "Tract" means a single unit of real property under one ownership, outside the corporate limits of a city, which may be platted or unplatted, title to which is publicly or privately held by an owner as defined by subsection (c). (b) "Land" means a part of a tract or one or more tracts. (c) "Owner" means the one who has record title to a tract. In the event two or more persons have record title to a tract, "owner" shall be defined as follows: (1) If joint tenants, "owner" means a majority of the number of joint tenants; (2) if tenants in common, "owner" means both a majority of the number of tenants in common and the holders of a majority of the undivided interests in the tract; (3) if the tract is held by a life tenant and a remainderman, "owner" means the life tenant; (4) if the tract is held by a tenant under a recorded lease providing for a lease term of 10 years or longer and a remainderman, "owner" means both such tenant and remainderman; (5) if one holds title to the surface and another holds title to the minerals, "owner" means the surface title holder. (d) "Adjoins" means to lie upon or touch (1) the city boundary line; or (2) a highway, railway or watercourse which lies upon the city boundary line and separates such city and the land sought to be annexed by only the width of such highway, railway or watercourse. (e) "Platted" means a tract or tracts mapped or drawn to scale, showing a division or divisions thereof, which map or drawing is filed in the office of the register of deeds by the owner of such tract. (f) "Land devoted to agricultural use" means land which is devoted to the production of plants, animals or horticultural products, including but not limited to: Forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products. Land devoted to agricultural use shall not include those lands which are used for recreational purposes, suburban residential acreages, rural home sites or farm home sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition. (g) "Qualified elector" means any owner of land, as defined under this section, within the area proposed to be annexed under the provisions of K.S.A. 12-521 , and amendments thereto. (h) "Area proposed to be annexed" means the area approved for annexation by the board of county commissioners under provisions of K.S.A. 12-521 , and amendments thereto. (i) "Watercourse" means a natural or manmade course where water may flow on a regular or intermittent basis; a watercourse shall not include a natural or manmade lake, pond or other impoundment of five or more acres of surface area. L. 1967, ch. 98, § 1; L. 1974, ch. 56, § 1; L. 1987, ch. 66, § 1; L. 2011, ch. 101, § 5; June 2. Law Review and Bar Journal References: Possible constitutional questions under home rule, Robert F. Bennett, 36 J.B.A.K. 169, 171 (1967). "City Home Rule in Kansas," Wright W. Crummett, 9 W.L.J. 1, 10 (1969). "State Control of Local Government in Kansas: Special Legislation and Home Rule," Barkley Clark, 20 K.L.R. 631, 657 (1972). "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). Attorney General's Opinions: Groundwater management districts; definitions; eligible voters, water users, tract. 85-58. Conditions which permit annexation by cities; ordinances; actions challenging validity. 88-138. Powers of rural water districts; contract with city for purchase of water. 89-95. Annexation of land devoted to agricultural use. 95-91. Land separated from city by military reservation does not "adjoin" city. 95-116. Annexation; land devoted to agricultural use, effect of presence of home site; rural homestead exemption. 96-17. CASE ANNOTATIONS 1. Alley is a luxury; many platted subdivisions do not have alleys. State, ex rel., v. City of Edgerton, 201 Kan. 274, 279, 440 P.2d 540. 2. Subsections (b) and (e) cited; to be platted, not required that land be divided into blocks, streets and/or alleys. State, ex rel., v. City of Coffeyville, 211 Kan. 746, 747, 748, 749, 508 P.2d 1007. 3. Act held constitutional; severance of K.S.A. 12-525 from statute. State, ex rel., v. City of Overland Park, 215 Kan. 700, 701, 704, 705, 706, 709, 710, 712, 714, 527 P.2d 1340. 4. Annexation ordinances substantially complied with 1974 amendments; bona fide plan supported by evidence. Clarke v. City of Wichita, 218 Kan. 334, 335, 347, 543 P.2d 973. 5. City has no standing to challenge the annexation procedures of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 778, 620 P.2d 1153. 6. Whether land adjoins annexing city is in dispute, another city has rights which entitle it to challenge annexation. City of Lenexa v. City of Olathe, 229 Kan. 391, 625 P.2d 423. 7. Cited; adoption of 2 successive ordinances under single resolution, substantial compliance with article 5 of chapter 12. Grandon v. City of Hutchinson, 6 Kan. App. 2d 896, 897, 636 P.2d 205 (1981). 8. Considered in holding board of county commissioners a proper party to appeal from its order denying petition filed under K.S.A. 12-521. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 638, 640 P.2d 1212 (1982). 9. Cited in holding K.S.A. 12-529 constitutional delegation over manner cities may alter boundaries. Board of Riley County Comm'rs v. City of Junction City, 233 Kan. 947, 949, 950, 959, 667 P.2d 868 (1983). 10. Noted; annexation of tracts nonadjoining at time proceedings commenced ineffective following annexation of adjoining property. Banzer v. City of Wichita, 237 Kan. 798, 801, 805, 703 P.2d 812 (1985). 11. Cited; where no showing made annexation under K.S.A. 12-520(e) would make boundary line straight or harmonious, annexation invalid. McDowell v. City of Topeka, 239 Kan. 263, 264, 267, 718 P.2d 1308 (1986). 12. City not required to exhaust proceedings to annex parcels eligible under K.S.A. 12-520 before proceeding under K.S.A. 12-521. In re Petition of City of Overland Park for Annexation of Land, 241 Kan. 365, 368, 369, 736 P.2d 923 (1987). 13. Adjoining owner of property to be annexed that does not adjoin city (K.S.A. 12-520c) without standing to challenge annexation examined. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 13 Kan. App. 2d 734, 736, 779 P.2d 463 (1989). 14. Annexation of multiple contiguous tracts, with owners' consent, where part adjoins city as proper under K.S.A. 12-520 examined. City of Leawood v. City of Overland Park, 245 Kan. 283, 286, 777 P.2d 830 (1989). 15. Adjoining landowner as having standing to seek review of decision on "island" annexation examined. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 246 Kan. 412, 414, 789 P.2d 1170 (1990). 16. Mentioned; city's letter of intent to issue industrial revenue bonds and abatement void for failure to notify school district. Genesis Health Club, Inc. v. City of Wichita, 285 Kan. 1021, 1033, 181 P.3d 549 (2008). 17. Requirement that plat of land be recorded "by the owner" in order for annexation. Bunge Milling, Inc. v. City of Atchison, 49 Kan. App. 2d 325, 310 P.3d 1065 (2013).

K.S.A. 12-520 Conditions which permit unilateral annexation; exceptions; ordinance; severability of ordinance where annexation invalid; limitations.

12-520. Conditions which permit unilateral annexation; exceptions; ordinance; severability of ordinance where annexation invalid; limitations. (a) Except as hereinafter provided, the governing body of any city, by ordinance, may annex land to such city if any one or more of the following conditions exist: (1) The land is platted, and some part of the land adjoins the city. (2) The land adjoins the city and is owned by or held in trust for the city or any agency thereof. (3) The land adjoins the city and is owned by or held in trust for any governmental unit other than another city except that no city may annex land owned by a county without the express permission of the board of county commissioners of the county other than as provided in subsection (f). (4) The land lies within or mainly within the city and has a common perimeter with the city boundary line of more than 50%. (5) The land if annexed will make the city boundary line straight or harmonious and some part thereof adjoins the city, except no land in excess of 21 acres shall be annexed for this purpose. (6) The tract is so situated that ⅔ of any boundary line adjoins the city, except no tract in excess of 21 acres shall be annexed under this condition. (7) The land adjoins the city and a written petition for or consent to annexation is filed with the city by the owner. (b) No portion of any unplatted tract of land devoted to agricultural use of 21 acres or more shall be annexed by any city under the authority of this section without the written consent of the owner thereof. (c) No city may annex, pursuant to this section, any improvement district incorporated and organized pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land within such improvement district. The provisions of this subsection shall apply to such improvement districts for which the petition for incorporation and organization was presented on or before January 1, 1987. (d) Subject to the provisions of this section and K.S.A. 12-520a (e), and amendments thereto, a city may annex, pursuant to this section, any fire district or any land within such fire district. (e) No city may annex the right-of-way of any highway under the authority of this section unless at the time of the annexation the abutting property upon one or both sides thereof is already within the city or is annexed to the city in the same proceeding. The board of county commissioners may notify the city of the existence of the right-of-way of any highway which has not become part of the city by annexation and which has a common boundary with the city. The notification shall include a legal description and a map identifying the location of the highway. The governing body of the city shall certify by ordinance that the certification is correct and declare the highway, or portion of the highway extending to the center line where another city boundary line abuts the opposing side of the highway, annexed to the city as of the date of the publication of the ordinance. (f) The governing body of any city by one ordinance may annex one or more separate tracts or lands each of which conforms to any one or more of the foregoing conditions. The invalidity of the annexation of any tract or land in one ordinance shall not affect the validity of the remaining tracts or lands which are annexed by the ordinance and which conform to any one or more of the foregoing conditions. (g) No city may utilize any provision of this section to annex a narrow corridor of land to gain access to noncontiguous tracts of land. The corridor of land must have a tangible value and purpose other than for enhancing future annexations of land by the city. L. 1967, ch. 98, § 2; L. 1974, ch. 56, § 4; L. 1980, ch. 62, § 1; L. 1986, ch. 70, § 2; L. 1987, ch. 66, § 2; L. 1993, ch. 147, § 1; L. 2005, ch. 166, § 11; L. 2005, ch. 186, § 6; L. 2007, ch. 142, § 1; L. 2010, ch. 130, § 1; L. 2015, ch. 91, § 1; July 1. Revisor's Note: Section was also amended by L. 2005, ch. 155, § 1, but that version was repealed by L. 2005, ch. 186, § 23. Law Review and Bar Journal References: "State Control of Local Government in Kansas: Special Legislation and Home Rule," Barkley Clark, 20 K.L.R. 631, 677 (1972). "Urban Revitalization: Planning for the Future in Our Cities," Lester D. Mardiks, 21 W.L.J. 116, 118 (1981). "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). Attorney General's Opinions: Location of detached auxiliary banking services facilities. 82-92. Boundaries of representative districts; authority to establish precinct boundaries. 83-46. Conditions which permit annexation by cities; ordinances; actions challenging validity. 88-138. Ownership and disposition of fire-fighting equipment subsequent to annexation of township by a city. 91-162. Annexation of land devoted to agricultural use. 95-91. Land separated from city by military reservation does not "adjoin" city. 95-116. Annexation; land devoted to agricultural use, effect of presence of home site; rural homestead exemption. 96-17. Recreational trails; requirements on responsible party; adjacent property owner, rights and remedies; annexation. 98-6. City of Mulvane is authorized to commence proceedings to annex property in Sumner county. 2007-33. The acreage limitation of 21 acres or more on annexation by a city of unplatted agricultural land without the owner's consent applies to the size of the tract of land from which a city is seeking to annex property. A city may not unilaterally annex any portion of a 21-acre or greater tract of such land. 2024-7. CASE ANNOTATIONS 1. Procedure under last paragraph permissive; annexation of lands which depend on completion of other pending annexations not permitted. State, ex rel., v. City of Coffeyville, 211 Kan. 746, 748, 749, 750, 752, 508 P.2d 1007. 2. Substantial compliance with subsection (g) consent to annexation; statute not jurisdictional; no review under K.S.A. 12-712. Sabatini v. Jayhawk Construction Co., 214 Kan. 408, 410, 411, 412, 520 P.2d 1230. 3. Construed; word "perimeter" defined; act constitutional. State, ex rel., v. City of Overland Park, 215 Kan. 700, 702, 707, 708, 709, 712, 714, 715, 716, 717, 527 P.2d 1340. 4. Adequate standards (plan and timetable requirements) contained in amended statute (1974) substantial compliance. Clarke v. City of Wichita, 218 Kan. 334, 336, 343, 543 P.2d 973. 5. Annexation of territory by municipality challenged by United States; city's plan was bona fide; there was substantial compliance with statutes (K.S.A. 12-520 through 12-520(b)). United States v. City of Leavenworth, Kan., 443 F. Supp. 274. 6. Applied in holding a city has no standing to challenge the annexation proceedings of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 779, 780, 620 P.2d 1153. 7. Whether land adjoins annexing city is in dispute, another city has rights which entitle it to challenge annexation. City of Lenexa v. City of Olathe, 229 Kan. 391, 392, 625 P.2d 423. 8. Statute discussed; annexation under two successive ordinances adopted by city; procedure substantially complied with statute. Grandon v. City of Hutchinson, 6 Kan. App. 2d 896, 897, 898, 899, 636 P.2d 205 (1981). 9. Considered in holding board of county commissioners a proper party to appeal from its order denying petition filed under K.S.A. 12-521. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 633, 638, 639, 640 P.2d 1212 (1982). 10. Publication of incorrect description of property annexed held to be not in substantial compliance of act. City of Lenexa v. City of Olathe, 233 Kan. 159, 162, 163, 165, 660 P.2d 1368 (1983). 11. Where annexation of wholly described tract invalid as to part, invalid in toto; separately described tracts, if invalid do not affect remainder. Board of Riley County Comm'rs v. City of Junction City, 233 Kan. 947, 952, 954, 955, 956, 667 P.2d 868 (1983). 12. Annexation of tracts nonadjoining at time proceedings commenced ineffective following annexation of adjoining tract. Banzer v. City of Wichita, 237 Kan. 798, 805, 806, 703 P.2d 812 (1985). 13. Where no showing made annexation under subsection (e) would make boundary line straight or harmonious, annexation invalid. McDowell v. City of Topeka, 239 Kan. 263, 267, 718 P.2d 1308 (1986). 14. City not required to exhaust proceedings to annex parcels eligible hereunder before proceeding pursuant to K.S.A. 12-521. In re Petition of City of Overland Park for Annexation of Land, 241 Kan. 365, 736 P.2d 923 (1987). 15. Cited; proper statute to challenge city ordinance rezoning property, timeliness of notice of appeal, effective date of ordinance examined. Davis v. City of Leavenworth, 243 Kan. 522, 527, 759 P.2d 113 (1988). 16. With owners' consent, annexation of multiple contiguous tracts, where part adjoins city, proper under one hearing and one ordinance. City of Leawood v. City of Overland Park, 245 Kan. 283, 287, 777 P.2d 830 (1989). 17. Proposed use of or reason for island annexation (K.S.A. 12-520c) examined where future growth affected. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 249 Kan. 149, 153, 815 P.2d 492 (1991). 18. Pre-1987 improvement district organized, none of its territory may be annexed by city unilateral annexation. Dillon Real Estate v. City of Topeka, 284 Kan. 662, 664, 666, 667, 676, 163 P.3d 298 (2007). 19. No standing for any party to challenge a city's annexation accomplished with consent of landowners. Board of Sumner County Comm'rs v. City of Mulvane, 43 Kan. App. 2d 500, 227 P.3d 997 (2010). 20. The boundary survey of the property must be filed by the owner of the property or agent in order for a city to have authority to annex. Bunge Milling, Inc. v. City of Atchison, 49 Kan. App. 2d 325, 310 P.3d 1065 (2013). 21. City's decision to unilaterally annex land is a quasi-judicial determination. Stueckemann v. City of Basehor, 301 Kan. 718, 746, 348 P.3d 526 (2015).

K.S.A. 12-520a Resolution; hearing; notice; publication; sketch of area; criteria considered at hearing; consent, effect.

12-520a. Resolution; hearing; notice; publication; sketch of area; criteria considered at hearing; consent, effect. (a) The governing body of any city desiring to annex land under the authority of K.S.A. 12-520 , and amendments thereto, shall adopt a resolution stating that the city is considering the annexation of the land. The resolution shall: (1) Give notice that a public hearing will be held to consider the annexation of the land and fix the date, hour and place of the public hearing. Unless the governing body of the city determines adequate facilities are not available, the public hearing shall be held at a site located in or as near as possible to the area proposed to be annexed. The hearing shall be held at the time determined by the governing body to be the most convenient for the greatest number of interested persons; (2) describe the boundaries of the land proposed to be annexed; and (3) state that the plan of the city for the extension of services to the area proposed to be annexed, which is required under the provisions of K.S.A. 12-520b , and amendments thereto, is available for inspection during regular office hours in the office of the city clerk. (b) The date fixed for the public hearing shall be not less than 60 nor more than 70 days following the date of the adoption of the resolution fixing the date of the hearing. (c) A copy of the resolution providing for the public hearing shall be mailed by certified mail to each owner of land proposed to be annexed not more than 10 days following the date of the adoption of the resolution. The resolution 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. A sketch clearly delineating the area in such detail as may be necessary to advise the reader of the particular land proposed to be annexed shall be published with the resolution. A copy of such sketch also shall be mailed to the owner of the property with the resolution. (d) A copy of the resolution providing for the public hearing shall be sent by certified mail not more than 10 days following the date of the adoption of the resolution to: (1) The board of county commissioners; (2) the governing body of the township where the land to be annexed is located; (3) any special assessment district or governmental unit providing municipal services to the area proposed to be annexed including, but not limited to, sewer districts, rural water districts, fire districts or improvement districts; (4) any utilities having facilities within the area proposed to be annexed; (5) the governing body of any school district in the area proposed to be annexed; (6) any city, county, township or joint planning commission having jurisdiction over the area proposed to be annexed; and (7) any other political or taxing subdivision located within the area proposed to be annexed. (e) At the public hearing, a representative of the city shall present the city's proposal for annexation, including the plan of the city for the extension of services to the area proposed to be annexed. Following the explanation, all interested persons shall be given an opportunity to be heard. The governing body may recess, for good cause shown, the hearing to a time and date certain, which shall be fixed in the presence of persons in attendance at the hearing. At such hearing or at any continuation of such hearing, the city shall determine the advisability of the annexation. As a guide in determining the advisability of such annexation, the city shall consider the: (1) Extent to which any of the area is land devoted to agricultural use; (2) area of platted land relative to unplatted land; (3) topography, natural boundaries, storm and sanitary sewers, drainage basins, transportation links or any other physical characteristics which may be an indication of the existence or absence of common interest of the city and the area proposed to be annexed; (4) extent and age of residential development in the area to be annexed and adjacent land within the city's boundaries; (5) present population in the area to be annexed and the projected population growth during the next five years in the area proposed to be annexed; (6) extent of business, commercial and industrial development in the area; (7) present cost, methods and adequacy of governmental services and regulatory controls in the area; (8) proposed cost, extent and the necessity of governmental services to be provided by the city proposing annexation and the plan and schedule to extend such services; (9) tax impact upon property in the city and the area; (10) extent to which the residents of the area are directly or indirectly dependent upon the city for governmental services and for social, economic, employment, cultural and recreational opportunities and resources; (11) effect of the proposed annexation on the city and other adjacent areas, including, but not limited to, other cities, sewer and water districts, improvement districts, townships or industrial districts and, subject to the provisions of K.S.A. 12-521a , and amendments thereto, fire districts; (12) existing petitions for incorporation of the area as a new city or for the creation of a special district; (13) likelihood of significant growth in the area and in adjacent areas during the next five years; (14) effect of annexation upon the utilities providing services to the area and the ability of those utilities to provide those services shown in the detailed plan; (15) economic impact on the area; and (16) wasteful duplication of services. (f) No resolution, notice and public hearing required under the provisions of this section shall be required as a prerequisite to the annexation of land owned by or held in trust for the city or any agency thereof or land all of the owners of which petition for or consent thereto in writing. (g) Any resolution, adopted pursuant to this section, which includes territory subsequently incorporated pursuant to K.S.A. 15-115 et seq., and amendments thereto, shall be invalid. L. 1974, ch. 56, § 2; L. 1984, ch. 66, § 1; L. 1987, ch. 66, § 3; L. 1993, ch. 147, § 2; L. 2005, ch. 155, § 2; July 1. Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 220 (1991). "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). Attorney General's Opinions: Amendments or changes in zoning; incorporation by reference. 82-197. Conditions which permit annexation by cities; ordinances; actions challenging validity. 88-138. Notice of adjourned, recessed or continued meetings subject to open meetings act. 96-14. CASE ANNOTATIONS 1. Applied in holding a city has no standing to challenge the annexation proceedings of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 779, 781, 620 P.2d 1153. 2. Cited; resolution and notice required by city to consider proposed annexation. Grandon v. City of Hutchinson, 6 Kan. App. 2d 896, 897, 636 P.2d 205 (1981). 3. Considered in holding board of county commissioners a proper party to appeal from its order denying petition filed under K.S.A. 12-521. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 633, 638, 639, 640 P.2d 1212 (1982). 4. Noted; annexation of tracts nonadjoining at time proceedings commenced ineffective following annexation of adjoining property. Banzer v. City of Wichita, 237 Kan. 798, 801, 805, 703 P.2d 812 (1985). 5. City not required to exhaust proceedings to annex parcels eligible under K.S.A. 12-520 before proceeding under K.S.A. 12-521. In re Petition of City of Overland Park for Annexation of Land, 241 Kan. 365, 367, 736 P.2d 923 (1987). 6. Proposed use of or reason for island annexation (K.S.A. 12-520c) examined where future growth affected. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 249 Kan. 149, 155, 815 P.2d 492 (1991). 7. Trial court rules city had to give notice of intent to annex to its planning commission. Board of Sedgwick County Comm'rs v. City of Park City, 41 Kan. App. 2d 646, 204 P.3d 648 (2009). 8. Erroneous legal description of land substantially complies with statutory requirements where the description is sufficient to inform affected stakeholders of land to be annexed. Stueckemann v. City of Basehor, 301 Kan. 718, 728, 348 P.3d 526 (2015).

K.S.A. 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. L. 1974, ch. 56, § 3; L. 1987, ch. 66, § 4; L. 2011, ch. 101, § 6; June 2. Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 208 (1991). "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). Attorney General's Opinions: Effect of annexation on fire district territory. 81-213. CASE ANNOTATIONS 1. Additional standards as to plan and timetable, imposed by 1974 amendments did not make legislative standards meaningless. Clarke v. City of Wichita, 218 Kan. 334, 343, 543 P.2d 973. 2. Section cited in holding a city has no standing to challenge the annexation procedures of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 779, 780, 781, 620 P.2d 1153. 3. Cited; property owner to be furnished sketch, individual notice and city to furnish extension of services plan. Grandon v. City of Hutchinson, 6 Kan. App. 2d 896, 897, 636 P.2d 205 (1981). 4. Considered in holding board of county commissioners a proper party to appeal from its order denying petition filed under K.S.A. 12-521. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 633, 638, 639, 640 P.2d 1212 (1982). 5. Noted; annexation of tracts nonadjoining at time proceedings commenced ineffective following annexation of adjoining property. Banzer v. City of Wichita, 237 Kan. 798, 801, 805, 703 P.2d 812 (1985). 6. Proposed use of or reason for island annexation (K.S.A. 12-520c) examined where future growth affected. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 249 Kan. 149, 155, 815 P.2d 492 (1991). 7. Erroneous legal description of land substantially complies with statutory requirements where the description is sufficient to inform affected stakeholders of land to be annexed. Stueckemann v. City of Basehor, 301 Kan. 718, 728, 348 P.3d 526 (2015).

K.S.A. 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 ⅔ 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. L. 1974, ch. 56, § 5; L. 2015, ch. 91, § 2; July 1. Law Review and Bar Journal References: "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). Attorney General's Opinions: Annexation of land not adjoining city; residents thereon are city residents. 81-61. Attachment of additional land by rural water districts. 81-80. Boundaries of representative districts; authority to establish precinct boundaries. 83-46. City of Mulvane is authorized to commence proceedings to annex property in Sumner county. 2007-33. CASE ANNOTATIONS 1. City has no standing to challenge the annexation procedures of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 781, 782, 620 P.2d 1153. 2. Considered in holding board of county commissioners a proper party to appeal from its order denying petition filed under K.S.A. 12-521. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 633, 638, 639, 640 P.2d 1212 (1982). 3. Publication of incorrect description of property annexed held to be not in substantial compliance of act. City of Lenexa v. City of Olathe, 233 Kan. 159, 162, 163, 660 P.2d 1368 (1983). 4. Cited in holding K.S.A. 12-529 constitutional delegation over manner cities may alter boundaries. Board of Riley County Comm'rs v. City of Junction City, 233 Kan. 947, 951, 959, 667 P.2d 868 (1983). 5. Adjoining owner of property to be annexed that does not adjoin city without standing to challenge proposed annexation. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 13 Kan. App. 2d 734, 779 P.2d 463 (1989). 6. Adjoining landowner has standing to seek review of decision on "island" annexation. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 246 Kan. 412, 417, 789 P.2d 1170 (1990). 7. Proposed use of or reason for island annexation must be considered since use or reason will affect future growth. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 249 Kan. 149, 158, 815 P.2d 492 (1991). 8. Joint review of petitions for annexation and incorporation (K.S.A. 15-121) examined. In re Petition of City of Kansas City for Annexation of Land, 253 Kan. 402, 407, 856 P.2d 144 (1993).

K.S.A. 12-521 Petition to county commissioners for annexation of certain lands; contents; service extension plans; reports, contents; hearing, time and place; publication notice; notice to landowners; sketch of area; procedure at hearing; criteria to be considered; granting of order; entry in journal, effect; mail ballot election required appeals to district court.

12-521. Petition to county commissioners for annexation of certain lands; contents; service extension plans; reports, contents; hearing, time and place; publication notice; notice to landowners; sketch of area; procedure at hearing; criteria to be considered; granting of order; entry in journal, effect; mail ballot election required appeals to district court. (a) Whenever the governing body of any city deems it advisable to annex land which such city is not permitted to annex under K.S.A. 12-520 , and amendments thereto, or if the governing body of any city is permitted to annex land under K.S.A. 12-520 , and amendments thereto, but deems it advisable not to annex thereunder, the governing body may annex such land as provided by this section. The governing body, in the name of the city, may present a petition to the board of county commissioners of the county in which the land sought to be annexed is located. The petition shall set forth a legal description of the land sought to be annexed and request a public hearing on the advisability of such annexation. The governing body of such city shall make plans for the extension of services to the tract of land proposed to be annexed and shall file a copy thereof with the board of county commissioners at the time of presentation of the petition. Such 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 thereto; 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 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. The plan shall include a timetable for the extension of major municipal services to the area proposed to be 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) The date fixed for the public hearing shall be not less than 60 nor more than 70 days following the date of the presentation of the petition requesting such hearing. Notice of the time and place of the hearing, together with a legal description of the land sought to be annexed and the names of the owners thereof, shall be published in a newspaper of general circulation in the city not less than one week and not more than two weeks preceding the date fixed for such hearing. A copy of the notice providing for the public hearing shall be mailed by certified mail to each owner of the land proposed to be annexed not more than 10 days following the date of the presentation of the petition requesting such hearing. A sketch clearly delineating the area in such detail as may be necessary to advise the reader of the particular land proposed to be annexed shall be published with such notice and a copy thereof mailed to the owner of the property with such notice. The board for good cause shown may continue the hearing beyond the time specified in the notice without further publication. (c) On the day set for hearing, the board of county commissioners shall hear testimony as to the advisability of such annexation, and a representative of the city shall present the city's proposal for annexation, including the plan of the city for the extension of services to the area proposed to be annexed. The action of the board of county commissioners shall be quasi-judicial in nature. The board of county commissioners shall consider the impact of approving or disapproving the annexation on the entire community involved, including the city and the land proposed to be annexed, in order to insure the orderly growth and development of the community. The board shall make specific written findings of fact and conclusions determining whether such annexation or the annexation of a lesser amount of such area causes manifest injury to the owners of any land proposed to be annexed, or to the owners of land in areas near or adjacent to the land proposed to be annexed or to the city if the annexation is disapproved. The findings and conclusions shall be based upon the preponderance of evidence presented to the board. In determining whether manifest injury would result from the annexation, the board's considerations shall include, but not be limited to, the extent to which the following criteria may affect the city, the area to be annexed, the residents of the city and the area to be annexed, other governmental units providing services to the area to be annexed, the utilities providing services to the area to be annexed, and any other public or private person, firm or corporation which may be affected thereby: (1) Extent to which any of the area is land devoted to agricultural use; (2) area of platted land relative to unplatted land; (3) topography, natural boundaries, storm and sanitary sewers, drainage basins, transportation links or any other physical characteristics which may be an indication of the existence or absence of common interest of the city and the area proposed to be annexed; (4) extent and age of residential development in the area to be annexed and adjacent land within the city's boundaries; (5) present population in the area to be annexed and the projected population growth during the next five years in the area proposed to be annexed; (6) the extent of business, commercial and industrial development in the area; (7) the present cost, methods and adequacy of governmental services and regulatory controls in the area; (8) the proposed cost, extent and the necessity of governmental services to be provided by the city proposing annexation and the plan and schedule to extend such services; (9) tax impact upon property in the city and the area; (10) extent to which the residents of the area are directly or indirectly dependent upon the city for governmental services and for social, economic, employment, cultural and recreational opportunities and resources; (11) effect of the proposed annexation on the city and other adjacent areas, including, but not limited to, other cities, sewer and water districts, improvement districts, townships or industrial districts and, subject to the provisions of K.S.A. 12-521a , and amendments thereto, fire districts; (12) existing petitions for incorporation of the area as a new city or for the creation of a special district; (13) likelihood of significant growth in the area and in adjacent areas during the next five years; and (14) effect of annexation upon the utilities providing services to the area and the ability of those utilities to provide those services shown in the detailed plan. (d) The board of county commissioners shall render a judgment within seven days after the hearing has been adjourned sine die. If two-thirds of the members of the board of county commissioners concludes that the annexation or any part thereof should be allowed, the board shall so find and grant the annexation by order; and thereupon the city may annex the land by ordinance. When an order denying a petition or part thereof is issued, it shall be by resolution, which shall be sent by certified mail to the city proposing the annexation. All orders of the board of county commissioners granting or denying petitions for annexation shall be spread at length upon the journal of proceedings of the board. The failure of such board to spread an order granting annexation upon the journal shall not invalidate such order. (e) Within 10 days following the rendering of the judgment of the board of county commissioners granting all or a part thereof of any annexation involving 40 acres or more as provided in subsection (e)*, the city clerk shall certify to the county election officer a legal description and a map of the area outside the corporate limits of the city proposed to be annexed and the addresses of all qualified electors as defined in K.S.A. 12-519 , and amendments thereto, located therein. The county election officer shall conduct a mail ballot election under the provisions of K.S.A. 25-431 et seq., and amendments thereto, within 60 days of such certification. If a majority of the qualified electors voting thereon approve the annexation, the city may annex the land by passage of an ordinance. If a majority of the qualified electors reject the annexation, the lands shall not be annexed and the city may not propose the annexation of any such lands in the proposed area for at least four years from the date of the election, unless the proposed annexation is authorized by paragraphs (2), (3) or (7) of subsection (a) of K.S.A. 12-520 , and amendments thereto. If the area proposed to be annexed is less than 40 acres, then the board may render a judgment on the petition unless the board has previously granted three annexations of adjoining tracts within a 60-month period. (f) Any owner of land annexed pursuant to this section or the city aggrieved by the decision of the board of county commissioners may appeal the decision of the board to the district court of the same county in the manner and method set forth in K.S.A. 19-223 , and amendments thereto. Nothing in this subsection shall be construed as granting the owner of land in areas near or adjacent to land annexed pursuant to this section the right to appeal the decision of the board of county commissioners. Any city so appealing shall not be required to execute the bond prescribed therein. L. 1967, ch. 98, § 3; L. 1974, ch. 56, § 6; L. 1987, ch. 66, § 5; L. 1993, ch. 147, § 3; L. 2011, ch. 101, § 7; June 2. Revisor's Note: * Reference to subsection (e) should be to (d). Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 222 (1991). Attorney General's Opinions: Boundaries of representative districts; authority to establish precinct boundaries. 83-46. Conditions which permit annexation by cities; ordinances; actions challenging validity. 88-138. Ownership and disposition of fire-fighting equipment subsequent to annexation of township by a city. 91-162. City of Mulvane is authorized to commence proceedings to annex property in Sumner county. 2007-33. CASE ANNOTATIONS 1. Act not constitutionally impermissible; severance of K.S.A. 12-525. State, ex rel., v. City of Overland Park, 215 Kan. 700, 707, 527 P.2d 1340. 2. Board of county commissioners held to be proper party to appeal taken from its order denying petition filed hereunder. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 633, 634, 638, 639, 640, 641, 640 P.2d 1212 (1982). 3. Decision by board of county commissioners to deny city's petition to annex land upheld. In re Appeal of City of Lenexa, 232 Kan. 568, 657 P.2d 47 (1983). 4. Authority and function of county commissioners considered; no provision for reconsideration or modification of order once entered and appeal taken; scope of judicial review on appeal. In re Petition of City of Shawnee for Annexation of Land, 236 Kan. 1, 10, 13, 14, 15, 25, 26, 687 P.2d 603 (1984). 5. City not required to annex parcels eligible under K.S.A. 12-520 before proceeding hereunder; nature of determination by commissioners; "manifest injury" construed; judicial review. In re Petition of City of Overland Park for Annexation of Land, 241 Kan. 365, 736 P.2d 923 (1987). 6. Adjoining owner of property to be annexed that does not adjoin city (K.S.A. 12-520c) without standing to challenge annexation examined. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 13 Kan. App. 2d 734, 738, 779 P.2d 463 (1989). 7. Annexation of multiple contiguous tracts, with owners' consent, where part adjoins city as proper under K.S.A. 12-520 examined. City of Leawood v. City of Overland Park, 245 Kan. 283, 285, 777 P.2d 830 (1989). 8. Proposed use of or reason for island annexation (K.S.A. 12-520c) examined where future growth affected. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 249 Kan. 149, 153, 815 P.2d 492 (1991). 9. Section construed; determination to be made by board of county commissioners, criteria to be used; "manifest injury"; appellate review. City of Topeka v. Board of Shawnee County Comm'rs, 252 Kan. 432, 845 P.2d 663 (1993). 10. Joint review of petitions for annexation and incorporation (K.S.A. 15-121) examined. In re Petition of City of Kansas City for Annexation of Land, 253 Kan. 402, 856 P.2d 144 (1993). 11. Board of county commissioners did not adjourn public hearing on annexation petition sine die, so was not statutorily required to render a decision within seven business days of public hearing. Pishny v. Board of Johnson County Comm'rs, 47 Kan. App. 2d 1040, 277 P.3d 1170 (2012).

K.S.A. 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. L. 1993, ch. 147, § 4; July 1.

K.S.A. 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. L. 1967, ch. 98, § 4; July 1.

K.S.A. 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. L. 1967, ch. 98, § 5; L. 2003, ch. 112, § 8; July 1. Law Review and Bar Journal References: "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). CASE ANNOTATIONS 1. Cited; ordinance to finalize annexation. Grandon v. City of Hutchinson, 6 Kan. App. 2d 896, 899, 636 P.2d 205 (1981). 2. Publication of incorrect description of property annexed held to be not in substantial compliance of act. City of Lenexa v. City of Olathe, 233 Kan. 159, 163, 660 P.2d 1368 (1983).

K.S.A. 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. L. 1967, ch. 98, § 6; July 1. CASE ANNOTATIONS 1. Section referred to in holding a city has no standing to challenge the annexation procedures of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 782, 620 P.2d 1153.

K.S.A. 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. L. 2011, ch. 101, § 4; June 2. Cross References to Related Sections: Homestead rights Kansas Constitution, article 15 § 9, 60-2301 et seq.

K.S.A. 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. L. 1967, ch. 98, § 8; July 1.

K.S.A. 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. L. 1968, ch. 80, § 2; July 1.

K.S.A. 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. L. 1982, ch. 59, § 1; April 15. Law Review and Bar Journal References: "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). CASE ANNOTATIONS 1. Constitutional delegation of exclusive jurisdiction over manner cities may alter boundaries. Board of Riley County Comm'rs v. City of Junction City, 233 Kan. 947, 949, 959, 667 P.2d 868 (1983). 2. Cited in opinion discussing annexation statutes; K.S.A. 12-520(c) held constitutional. Dillon Real Estate v. City of Topeka, 284 Kan. 662, 670, 671, 163 P.3d 298 (2007).

K.S.A. 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. L. 1987, ch. 66, § 6; April 9. Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 223 (1991). "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001). CASE ANNOTATIONS 1. Trial court rules city had to give notice of intent to annex to its planning commission. Board of Sedgwick County Comm'rs v. City of Park City, 41 Kan. App. 2d 646, 204 P.3d 648 (2009).

K.S.A. 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. L. 1987, ch. 66, § 7; L. 2011, ch. 101, § 8; June 2. Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 219 (1991).

K.S.A. 12-532 Petition for hearing, by landowners to county commission to exclude land from the city if municipal services not provided; notice and hearing; order to exclude land, when; record of order by register of deeds; land not liable for certain taxes; compelling hearing, attorney fees.

12-532. Petition for hearing, by landowners to county commission to exclude land from the city if municipal services not provided; notice and hearing; order to exclude land, when; record of order by register of deeds; land not liable for certain taxes; compelling hearing, attorney fees. (a) If, within 1½ years following the conclusion of the hearing required by K.S.A. 12-531 , and amendments thereto, or, where there has been litigation relating to the hearing, 1½ years following the conclusion of such litigation, the city has not provided the municipal services as provided in the timetable set forth in the plan prepared in accordance with K.S.A. 12-520b or 12-521 , and amendments thereto, the owner of such land may petition the board of county commissioners to exclude such land from the boundaries of the city. Within 10 days after receipt of the petition, the board shall schedule the matter for public hearing and shall give notice of the date, hour and place of the hearing to: (1) The owner; (2) the city; (3) the township into which the property, if deannexed, would be placed; and (4) the governing body of any fire district, sewer district, water district or other special district governments which have jurisdiction over territory adjacent to the area sought to be deannexed. The notice shall be sent by certified mail no less than 21 days before the date of the hearing. (b) At the hearing, the board shall hear testimony as to the city's extension of municipal services, or lack thereof, from both the owner and representatives of the city. Except as provided by subsection (e), if the board finds after the hearing that the city has failed to provide the municipal services in accordance with the plan and consistent with the timetable therein, the board may enter an order excluding the land from the boundaries of the city. Any such order shall take effect in the same manner as provided in K.S.A. 12-523 , and amendments thereto, for the effective date of annexation ordinances. Such land shall not be annexed again for three years from the effective date of the order without the written consent of the owner of the land. (c) The county clerk shall certify a copy of the order to the register of deeds of the county. The register of deeds shall record the order in the deed records of the county, and, at the expense of the city, the register of deeds also shall record the order of exclusion on the margin of the recorded plat of such land, giving reference thereon to the page and book of records where the order is recorded in the register's office. (d) Except as provided by this subsection, after the effective date of the order to exclude the land from the city, such land shall not be liable for any general taxes imposed by the city. Such land shall remain liable, however, for any taxes or special assessments levied by the city as are necessary to pay its proportionate share of the interest on and principal of such bonds or other indebtedness incurred by the city for improvements to the land which were approved by the city before the date on which the owner or owners filed a petition for the exclusion of the land from the city. (e) The board shall not order exclusion of any land if: (1) The service extension plan conditions the extension of certain improvements or services on the filing of a legally sufficient petition by the owners of the land for the creation of an improvement district and to levy special assessments therein to pay a portion of the costs of such improvements, and a sufficient petition has not been filed; (2) since the annexation, the governing body of the city initiated the creation of an improvement or benefit district affecting such land to levy special assessments thereon to pay a portion of the costs of certain municipal improvements, and the formation of the district was blocked by the filing of a sufficient protest petition by some or all of the owners of any land in the proposed district; (3) the exclusion would result in the land being completely surrounded by other tracts of land located within the city's boundaries; or (4) the board finds the exclusion of the land would have an adverse impact on the health, safety and welfare of the residents of the city or such land. (f) Any owner or the city aggrieved by the decision of the board may appeal the decision to the district court in the manner provided in K.S.A. 19-223 , and amendments thereto. Any city so appealing shall not be required to execute the bond prescribed therein. (g) If the board of county commissioners refuses to hold the hearing as required, any owner of land 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. L. 1987, ch. 66, § 8; L. 2011, ch. 101, § 9; June 2. Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 232 (1991).

K.S.A. 12-533 Action to compel city to provide services according to written agreement; order to exclude land, when; record of order by register of deeds; land not liable for certain taxes.

12-533. Action to compel city to provide services according to written agreement; order to exclude land, when; record of order by register of deeds; land not liable for certain taxes. (a) The owner of any land in an area annexed by a city who has entered into a written agreement as provided for by K.S.A. 12-534 may bring an action in the district court of the county in which the land is located to compel the governing body of such city to provide the services in accordance with the written agreement. (b) The court shall hear testimony as to the city's extension of municipal services, or lack thereof, from both the owner of land and representatives of the city. If the court finds that the city has failed to provide the municipal services in accordance with the written agreement, the court shall order the city to comply with the agreement. If the city fails to comply within the time so ordered by the court, the court may enter an order excluding the land from the boundaries of the city. Any such order shall take effect in the same manner provided in K.S.A. 12-523 , and amendments thereto. Such land shall not be annexed again for one year from the effective date of the order without the written consent of the owner of the land. (c) The clerk of the district court shall certify a copy of the order to the register of deeds of the county. The register of deeds shall record the order in the deed records of the county, and, at the expense of the city, the register of deeds also shall record the order of exclusion on the margin of the recorded plat of such land, giving reference thereon to the page and book of records where the order is recorded in the register's office. (d) Except as provided by this subsection, after the effective date of the order to exclude the land from the city, such land shall not be liable for any general taxes imposed by the city. Such land shall remain liable, however, for any taxes or special assessments levied by the city as are necessary to pay its proportionate share of the interest on and principal of such bonds or other indebtedness incurred by the city for improvements to the land which were approved by the city before the date on which the owner or owners filed the petition to compel the city to provide such services. (e) The court shall not order exclusion of any land if: (1) The agreement conditions the extension of certain improvements or services on the filing of a legally sufficient petition by the owners of the land for the creation of an improvement district and to levy special assessments therein to pay a portion of the costs of such improvements, and a sufficient petition has not been filed; (2) since the annexation, the governing body of the city initiated the creation of an improvement or benefit district affecting such land to levy special assessments thereon to pay a portion of the costs of certain municipal improvements, and the formation of the district was blocked by the filing of a sufficient protest petition by some or all of the owners of any land in the proposed district; (3) the exclusion would result in the land being completely surrounded by other tracts of land located within the city's boundaries; or (4) the court finds the exclusion of the land would have an adverse impact on the health, safety and welfare of the residents of the city or such land. (f) If the court finds that the city has failed to provide the municipal services in accordance with the agreement the court shall order the city to pay all attorney fees and court costs. L. 1987, ch. 66, § 9; April 9. Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 228 (1991).

K.S.A. 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. L. 1987, ch. 66, § 10; April 9. Law Review and Bar Journal References: "Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 228 (1991). CASE ANNOTATIONS 1. Mentioned; annexation statutes discussed and applied. Dillon Real Estate v. City of Topeka, 284 Kan. 662, 676, 677, 678, 680, 163 P.3d 298 (2007).

K.S.A. 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. L. 1987, ch. 66, § 11; April 9. Law Review and Bar Journal References: "Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001).

K.S.A. 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. L. 1987, ch. 66, § 12; April 9. CASE ANNOTATIONS 1. Mentioned; annexation statutes discussed and applied. Dillon Real Estate v. City of Topeka, 284 Kan. 662, 676, 677, 678, 680, 163 P.3d 298 (2007).

K.S.A. 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. L. 1987, ch. 66, § 13; April 9.

K.S.A. 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 ½ 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. L. 2005, ch. 155, § 3; July 1. CASE ANNOTATIONS 1. Trial court rules city had to give notice of intent to annex to its planning commission. Board of Sedgwick County Comm'rs v. City of Park City, 41 Kan. App. 2d 646, 204 P.3d 648 (2009). 2. No standing for any party to challenge a city's annexation accomplished with consent of landowners. Board of Sumner County Comm'rs v. City of Mulvane, 43 Kan. App. 2d 500, 227 P.3d 997 (2010).

K.S.A. 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. L. 2010, ch. 15, § 1; July 1. Cross References to Related Sections: Rural water districts, release of lands, see 82a-646.

K.S.A. 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. L. 2010, ch. 15, § 2; July 1. CASE ANNOTATIONS 1. Municipality that annexes property within rural water district is not compelled to engage in some post-annexation conduct for water. Rural Water Dist. No. 4 v. City of Eudora, Kan., 659 F.3d 969 (10th Cir. 2011).

K.S.A. 12-541 Same; city designates different supplier; purchase of district property; appraisers; factors; appeal; detachment of territory from district.

12-541. Same; city designates different supplier; purchase of district property; appraisers; factors; appeal; detachment of territory from district. (a) Following annexation, the rural water district shall remain the water service provider to the annexed area unless the city gives written notice designating a different supplier. If the city designates a different supplier, the city shall purchase the property, facilities, improvements and going concern value of the facilities of the district located within the territory annexed by the city. If an agreement for the purchase of such property, facilities, improvements and going concern value of the facilities of the district annexed by the city is not executed within 90 days after delivery of the notice designating a different supplier, the city and the rural water district in good faith shall engage in mediation. Unless an agreement is executed, no change in water service provider shall occur and no appraisers shall be appointed until more than 120 days after delivery of the notice of intent to change the water supplier and the mediation has been terminated. (b) If the district and the city are unable to reach agreement on the reasonable value for such property, facilities, improvements and going concern value of the facilities of the district, then the reasonable value shall be determined in the following manner: (1) The district and the city shall each select one qualified appraiser and the two appraisers so selected shall then select a third appraiser for the purpose of conducting an appraisal to determine reasonable value of the property, facilities, improvements and going concern value of the facilities of the district annexed by the city. The appraisers shall consider all elements of value, employing any method of valuation the appraisers deem appropriate and shall specifically consider the following factors in determining reasonable value: (A) Whether any property of the district is rendered useless or valueless to the district; (B) the amount of damage to property remaining in the ownership of the district following annexation; (C) impact on the existing indebtedness of the district and such district's ability to repay that debt; (D) the value of the service facilities of the district located within the area in question; (E) the amount of any expenditures for planning, design or construction of service facilities outside the incorporated or annexed area that are allocable to service to the area in question; (F) the amount of the district's contractual obligations allocable to the area in question; (G) if the area transferred consists of land for which no water service is being provided by the system at the time of the annexation, the value of such land based on the planning, design and construction of improvements located outside the annexed area reasonably made to provide future water service to the annexed area; (H) any demonstrated impairment of service or increase of cost to consumers of the district remaining after the annexation and the impact on future revenues lost from existing customers; (I) any necessary and reasonable legal expenses and professional fees; (J) any factors relevant to maintaining the current financial integrity of the district; (K) the average increase in the number of benefit units in the area annexed for the three years immediately preceding such annexation; and (L) any other relevant factors as agreed to by the three appointed appraisers. (2) The appraisers shall hear such evidence as the appraisers deem appropriate and shall make a written summary of findings and conclusions. The agreement or decision of at least two of the three appraisers shall be the fair market value presented to the city for payment and the district for acceptance. (3) If either the district or the city is dissatisfied with the decision of the appraisers, then the district or the city may appeal within 30 days such award to the district court. Such appeal shall be heard de novo by the court without a jury. (c) The compensation required by this section shall be paid to the district whether or not the city actually utilizes the facilities of the district for the delivery of water to property within the city and shall be paid at a time not later than 120 days following the date upon which the fair market value of the facilities are certified to the city and to the district, or at such later date as may be mutually agreed upon by the city and the district or as may be determined by the district court. (d) In any event, the district may elect to retain facilities located within the city used for transmission of water, provided that the district use those facilities to continue to supply water service to benefit units outside the city. The district shall not receive compensation for facilities it elects to retain. (e) Except as otherwise provided, nothing in this section shall be construed as limiting the authority of a city to select water service suppliers to areas within the city limits, or to limit the authority of a city to adopt and enforce regulations for the operation of a water service supplier, including, but not limited to, standards of water quality, classification of water customers, capacity of water system, water system connections to sanitary sewer systems, rates and billing practices and other regulations for protection of the public health, safety and welfare. (f) In the event that a district will no longer be the water supplier to land as a result of annexation and notice pursuant to subsection (a), the district shall continue to provide such service until the city gives notice of its assumption of responsibility for service, designating the date that the service shall transfer to the supplier designated by the city. The district and the city shall cooperate as necessary to minimize the inconvenience to water customers as a result of the transfer. The city shall give written notice to each customer of the district for whom water service is being transferred specifying the name and address of the new supplier, the effective date of the transfer, the reason for the transfer and a schedule of applicable rates. The district shall not discontinue or limit service to customers who were supplied water by the district at the time of annexation during the period of negotiations unless such customer has violated district bylaws or rules and regulations. (g) Following the transfer of water service from the district to the city, the annexed land, or amount of such land for which water service has been transferred to the city, shall be deleted from the territory of the district and all benefit units attached to land located therein shall be canceled without compensation. Notice of such deletion of territory shall be provided to the county clerk and the chief engineer of the division of water resources of the department of agriculture. L. 2010, ch. 15, § 3; July 1. CASE ANNOTATIONS 1. Municipality that annexes property within rural water district is not compelled to engage in some post-annexation conduct for water. Rural Water Dist. No. 4 v. City of Eudora, Kan., 659 F.3d 969 (10th Cir. 2011).

K.S.A. 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. L. 2010, ch. 15, § 6; July 1.

K.S.A. 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. L. 2011, ch. 101, § 12; L. 2013, ch. 129, § 3; July 1.

K.S.A. 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. L. 2021, ch. 44, § 1; July 1.

K.S.A. 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. L. 2021, ch. 44, § 2; July 1.
Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch12.htmlFetched: 10/20/2026

Starting a business in Kansas? Kansas LLC guide: costs and requirements