PLATS OF CITIES AND TOWNSITES

K.S.A. ch. 12, art. 4

in effect

K.S.A. 12-401 Cities of second and third classes and towns; abstracts; form and contents of plat; approval by county or city attorney.

12-401. Cities of second and third classes and towns; abstracts; form and contents of plat; approval by county or city attorney. Before any proprietor or proprietors of any proposed city of the second or third class or of any town, or of any proposed addition to any such city or town shall record the plat of such proposed city, town or addition, he or she shall furnish to the county attorney of the county in which such proposed city or town is located, or the city attorney and governing body in case of a proposed addition, an abstract of title and the plat to the land which is to be incorporated into such city, town or addition. Such county attorney, in case of any proposed city or town, or such city attorney and governing body in case of a proposed addition, after examination duly made, shall approve or disapprove said plat. Such city attorney, and governing body in case of any proposed addition to any town or city may require the streets and alleys, therein shown, to be as wide as, and to be conterminous with, the streets and alleys, of that part of the city or town to which it adjoins. The plat shall accurately and particularly set forth and describe: First, all the parcels of ground within such city or town or addition reserved for public purposes, by their boundaries, course and extent whether they be intended for avenues, streets, lanes, alleys, commons, parks or other uses; and, second, all lots intended for sale, by numbers, and their precise length and width. G.S. 1868, ch. 78, § 1; L. 1915, ch. 149, § 1; L. 1921, ch. 139, § 1; February 23; R.S. 1923, § 12-401. Attorney General's Opinions: Maps and plats sufficient to vest title in lands conveyed for public use. 84-83. Use of land dedicated to public use by private nonprofit organizations. 1999-49. CASE ANNOTATIONS 1. Dedication of land for public use; property held in trust. Comm'rs of Franklin Co. v. Lathrop, 9 Kan. 453. 2. Interest of private owners in land dedicated to public considered. Comm'rs of Franklin Co. v. Lathrop, 9 Kan. 453. 3. Acceptance by municipality; land must be used for purpose dedicated. Comm'rs of Franklin Co. v. Lathrop, 9 Kan. 453. 4. Dedication to public use; very slight testimony will sustain dedication. Giles v. Ortman, 11 Kan. 59. 5. Conveyance of lot by dedicator conveys all his interest therein. Tousley v. Galena M.& S. Co., 24 Kan. 328. 6. If dedicator may reserve any interest, it passes to grantee. Tousley v. Galena M.& S. Co., 24 Kan. 328. 7. Rule of common law in force save as modified hereby. Tousley v. Galena M.& S. Co., 24 Kan. 328. 8. Vacated portion of street passes with conveyance of lot. A.T.& S.F. Rld. Co. v. Patch, 28 Kan. 470, 473. 9. Blocks designated and numbered on plat considered same as lots. Hapgood v. Morten, 28 Kan. 764. 10. Method prescribed by legislature controls; other methods of no effect. Sullivan v. Davis, 29 Kan. 28. 11. Owner not estopped by knowledge that map is being circulated. Sullivan v. Davis, 29 Kan. 28, 33. 12. Land not platted; attempted annexation to city held invalid. City of Topeka v. Gillett, 32 Kan. 431, 438, 4 P. 800. 13. Attempted reservations by dedicator held invalid and of no effect. Wood v. National Waterworks Co., 33 Kan. 590, 7 P. 233. 14. Fee vests in county; use by city for public purpose. Wood v. National Waterworks Co., 33 Kan. 590, 7 P. 233. 15. No designation on plat; land not considered public street. Fisher v. Carpenter, 36 Kan. 184, 12 P. 941. 16. Construction of words written on plat; construed against donor. Hitchcock v. City of Oberlin, 46 Kan. 90, 26 P. 466; Arnold v. Weiker, 55 Kan. 510, 516, 40 P. 901. 17. Dedication of tract as "levee"; may be used as street. McAlpine v. Railway Co., 68 Kan. 207, 75 P. 73. 18. Abandonment insufficient to cause reverter. McAlpine v. Railway Co., 68 Kan. 207, 75 P. 73. 19. Conditions under which misuse or nonuse causes reverter considered. McAlpine v. Railway Co., 68 Kan. 207, 75 P. 73. 20. Deed describing lot as "in Jones' addition" held valid conveyance. Fitzpatrick v. Crowther, 100 Kan. 355, 358, 164 P. 300. 21. Reference to record plat; no guarantee of dimensions of lot. Fitzpatrick v. Crowther, 100 Kan. 355, 358, 164 P. 300. 22. Proper description of lot by recorded plat considered. Fitzpatrick v. Crowther, 100 Kan. 355, 358, 164 P. 300. 23. Levee and streets dedicated; fee vested in county in trust. Douglas County v. City of Lawrence, 102 Kan. 656, 171 P. 610. 24. Control vested in city cannot be divested by city. Douglas County v. City of Lawrence, 102 Kan. 656, 171 P. 610. 25. Control of levees and streets; nonuse; laches; adverse possession. Douglas County v. City of Lawrence, 102 Kan. 656, 171 P. 610. 26. Plats operate as conveyances of streets and alleys. Hammond v. City of Ottawa, 127 Kan. 874, 275 P. 141. 27. Fee vests in county; city controls; reverter upon vacation. Miller-Carey Drilling Co. v. Shaffer, 144 Kan. 508, 514, 61 P.2d 1320. 28. Rules for construing map or plat stated and applied. City of Russell v. Russell County B.&L. Ass'n, 154 Kan. 154, 158, 118 P.2d 121. 29. Dedication of property as public park considered; construction of parking lot on such land prohibited. Cooper v. City of Great Bend, 200 Kan. 590, 594, 438 P.2d 102. 30. County clerk's subdivision was platted and filed according to law; through 54 years of usage took on attributes of subdivision according to law; meets specifications of being platted within statute. State, ex rel., City of Edgerton, 201 Kan. 274, 279, 440 P.2d 540. 31. Conditional dedication of property for public use not accepted; dedicator entitled to just compensation for taking. City of Kechi v. Decker, 230 Kan. 315, 318, 634 P.2d 1099 (1981).

K.S.A. 12-402 Acknowledgment of plat.

12-402. Acknowledgment of plat. Such map or plat shall be acknowledged by the proprietor, or if incorporated company, by the chief officer thereof, before some court or other officer authorized by law to take the acknowledgment of conveyances of real estate. G.S. 1868, ch. 78, § 2; October 31; R.S. 1923, § 12-402. CASE ANNOTATIONS 1. Plat to be effective must be made, acknowledged and recorded. Brooks v. City of Topeka, 34 Kan. 277, 8 P. 392. 2. Only the owner or authorized agent can dedicate property. Brooks v. City of Topeka, 34 Kan. 277, 8 P. 392. 3. Intention of owner controls as to dedication to public use. Brooks v. City of Topeka, 34 Kan. 277, 8 P. 392. 4. Land not so designated on plat not a public street. Fisher v. Carpenter, 36 Kan. 184, 12 P. 941. 5. Plat must be made and acknowledged by owner of land. Armstrong v. City of Topeka, 36 Kan. 432, 13 P. 843. 6. Land now owned by dedicators not a part of city. Armstrong v. City of Topeka, 36 Kan. 432, 13 P. 843.

K.S.A. 12-403 Recordation of plat; certificate of approval.

12-403. Recordation of plat; certificate of approval. The map or plat so made, acknowledged and certified shall be filed and recorded in the office of the register of deeds and a copy thereof filed with the county clerk of the county in which the city or addition is situated: Provided, however, That said register of deeds is hereby prohibited from filing and recording such map or plat unless the same shall have attached thereto a certificate in due form showing the approval of said map or plat by the county attorney in case of a town or city or by the governing body in case of a proposed addition to any city of the second or third class or any town. G.S. 1868, ch. 78, § 3; L. 1921, ch. 139, § 2; L. 1923, ch. 98, § 1; June 9; R.S. 1923, § 12-403. CASE ANNOTATIONS 1. Cited in holding action by county clerk placing property on tax rolls was unauthorized under facts of case. Nickelson v. Board of County Commissioners, 209 Kan. 53, 55, 495 P.2d 1015. 2. Approval by city required in express conditional dedication of property for public use. City of Kechi v. Decker, 230 Kan. 315, 319, 634 P.2d 1099 (1981).

K.S.A. 12-404 Register of deeds to preserve plat.

12-404. Register of deeds to preserve plat. The register of deeds shall preserve such map or plat in his or her office, among the records thereof. G.S. 1868, ch. 78, § 4; October 31; R.S. 1923, § 12-404.

K.S.A. 12-405 Sale of lot before recording of plat; penalty.

12-405. Sale of lot before recording of plat; penalty. If any person sell or offer for sale any lot within any city, town or addition before the map or plat thereof be made out, acknowledged, filed and recorded as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for every lot which he or she shall sell or offer to sell. G.S. 1868, ch. 78, § 5; October 31; R.S. 1923, § 12-405. CASE ANNOTATIONS 1. Contracts in contravention of statute not void; title passes. Bemis v. Becker and others, 1 Kan. 226, 249. 2. Penalty imposed only on persons having duty to make plat. Bemis v. Becker and others, 1 Kan. 226, 250. 3. Title passes to grantee even though grantor liable to penalty. Mead v. United Brethren, 43 Kan. 178, 180, 23 P. 103. 4. Section cited in construing conveyance referring to "in Jones' addition." Fitzpatrick v. Crowther, 100 Kan. 355, 358, 164 P. 300. 5. Description of property by reference to unrecorded plat did not invalidate or make contract ambiguous. Stauth v. Brown, 241 Kan. 1, 8, 734 P.2d 1063 (1987).

K.S.A. 12-406 Maps and plats sufficient to vest title of lands conveyed for public use in city; effect of recordation.

12-406. Maps and plats sufficient to vest title of lands conveyed for public use in city; effect of recordation. Such maps and plats of such cities and towns, and additions, made, acknowledged, certified, filed and recorded with the register, shall be a sufficient conveyance to vest the fee of such parcels of land as are therein expressed, named or intended for public uses in the city, in trust and for the uses therein named, expressed or intended, and for no other use or purpose. The recording of such map or plat shall not constitute a conveyance of any interest in the oil, gas and other minerals underlying the avenues, streets, lanes, alleys and other parcels therein named or intended for public uses. The provisions of this act shall apply to all maps or plats, heretofore or hereafter made, acknowledged, certified, filed and recorded with any such register. Nothing herein contained shall be construed as granting any right to enter upon the surface of such parcels of land for purposes of exploring for or the extraction of such minerals, or in any other manner to interfere with the public uses named in such maps, plats and additions. G.S. 1868, ch. 78, § 6; R.S. 1923, § 12-406; L. 1958, ch. 6, § 1 (Special Session); L. 1984, ch. 65, § 1; July 1. Attorney General's Opinions: City land for park purposes; sales or exchanges. 83-146. Maps and plats sufficient to vest title in lands conveyed for public use. 84-83. Valuing property — public property used for private purposes. 88-109. Property exempt from taxation; dedication to public use. 91-25. Use of land dedicated to public use by private nonprofit organizations. 1999-49. Utility easement is not a public right-of-way. 2003-28. CASE ANNOTATIONS 1. Fee vests in county; county holds property for public use. Harden v. Metz, 10 Kan. App. 341, 58 P. 281. 2. Injunction not available to prevent opening of properly dedicated street. Harden v. Metz, 10 Kan. App. 341, 58 P. 281. 3. Dedication as "courthouse square"; sale by municipality not authorized. Comm'rs of Franklin Co. v. Lathrop, 9 Kan. 453. 4. Dedication conveys land for use therein mentioned and no other. Comm'rs of Franklin Co. v. Lathrop, 9 Kan. 453. 5. Trust created by dedication; enforcement by adjacent property owners. Comm'rs of Franklin Co. v. Lathrop, 9 Kan. 453. 6. Fee of streets vested in county, not in abutting lot owners. A.& N. Rld. Co. v. Garside, 10 Kan. 552, 564. 7. City has power to regulate use of street by railroad. A.& N. Rld. Co. v. Garside, 10 Kan. 552, 565. 8. Use of street by railroad; liability to lot owners considered. A.& N. Rld. Co. v. Garside, 10 Kan. 552, 565. 9. Common law in force except as modified by statute. Tousley v. Galena M.&S. Co., 24 Kan. 328. 10. Reservations by dedicator; conveyance by him conveys all his interest. Tousley v. Galena M.&S. Co., 24 Kan. 328. 11. Dedication as "church lots" held proper dedication for pious purposes. Comm'rs of Wyandotte Co. v. Presbyterian Church, 30 Kan. 620, 1 P. 109. 12. Proof of claim by church to "church lots" considered. Comm'rs of Wyandotte Co. v. Presbyterian Church, 30 Kan. 620, 1 P. 109. 13. Attempted restriction on use of streets held inoperative and void. Wood v. National Waterworks Co., 33 Kan. 590, 7 P. 233. 14. Use of streets for laying of water mains considered. Wood v. National Waterworks Co., 33 Kan. 590, 7 P. 233. 15. Statute must be complied with before plat operates as grant. Brooks v. City of Topeka, 34 Kan. 277, 8 P. 392. 16. Only the owner or authorized agent may make binding dedication. Brooks v. City of Topeka, 34 Kan. 277, 8 P. 392. 17. Intention of dedicator governs; ascertained from plat; evidence. Brooks v. City of Topeka, 34 Kan. 277, 8 P. 392. 18. Land not marked as street cannot be considered so dedicated. Fisher v. Carpenter, 36 Kan. 184, 12 P. 941. 19. Land not owned by dedicator not affected by plat thereof. Armstrong v. City of Topeka, 36 Kan. 432, 13 P. 843. 20. City government entitled to control and possession of public park. Hurd v. Comm'rs of Harvey Co., 40 Kan. 92, 19 P. 325. 21. County commissioners cannot bring action to recover possession of city park. Hurd v. Comm'rs of Harvey Co., 40 Kan. 92, 19 P. 325. 22. Alleys dedicated to public; no further action necessary to open. Osage City v. Larkin, 40 Kan. 206, 19 P. 658. 23. Alley retains its character as such even though practically impassable. Osage City v. Larkin, 40 Kan. 206, 19 P. 658. 24. Vacation of land dedicated as street; right to question validity. Arnold v. Weiker, 55 Kan. 510, 516, 40 P. 901. 25. All requirements must be met to constitute statutory dedication. Garfield Township v. Herman, 66 Kan. 256, 71 P. 517. 26. Dedication complete; formal acceptance or use by public not necessary. Gadarl v. City of Humboldt, 87 Kan. 41, 123, P. 764. 27. Appropriation of street by private individual; no title required. Gadarl v. City of Humboldt, 87 Kan. 41, 42, 123 P. 764. 28. Title vested in county in trust for public use forever. City of Hutchinson v. Danley, 88 Kan. 437, 439, 129 P. 163. 29. Wife of dedicator need not acknowledge plat; plat valid. Phillips v. Interurban Railway Co., 89 Kan. 835, 839, 133 P. 429. 30. Statute vests authority in city; title in county. City of Emporia v. Humphrey, 132 Kan. 682, 686, 297 P. 712. 31. Fee vests in county; city controls; reverter upon vacation. Miller-Carey Drilling Co. v. Shaffer, 144 Kan. 508, 514, 61 P.2d 1320. 32. Rules for construing map or plat stated and applied. City of Russell v. Russell County B.&L. Ass'n, 154 Kan. 154, 159, 118 P.2d 121. 33. Cited in discussing city's liability for injuries caused by defective sidewalk. Smith v. City of Coffeyville, 166 Kan. 586, 588, 203 P.2d 215. 34. Fee to city streets in county but city authorized to improve them. State, ex rel., v. City of Garnett, 177 Kan. 709, 711, 281 P.2d 1085. 35. Dedication of property as public park considered; construction of parking lot on such land prohibited. Cooper v. City of Great Bend, 200 Kan. 590, 594, 438 P.2d 102. 36. Attempted reservation of interest in adjoining streets prior to vacation; ineffective; not defect in title. J & S Building Co. v. Columbian Title & Trust Co., 1 Kan. App. 2d 228, 231, 232, 233, 234, 235, 239, 563 P.2d 1086. 37. Conditional dedication of property for public use not accepted; dedicator entitled to just compensation for taking. City of Kechi v. Decker, 230 Kan. 315, 318, 634 P.2d 1099 (1981).

K.S.A. 12-406a Fees to certain land held by county transferred to city.

12-406a. Fees to certain land held by county transferred to city. On the effective date of this act, the fee to any parcel of land intended for public use in cities of the first, second and third classes which is held in trust by the county is hereby transferred and conveyed to the city in which such property is located. The city shall hold the fee to such parcels of land intended for public use in the city in trust and for the uses therein named, expressed or intended and for no other use or purpose. L. 1984, ch. 65, § 2; July 1. Attorney General's Opinions: Sale or disposition of county property; conveyance of park property to a city. 95-44. Use of land dedicated to public use by private nonprofit organizations. 1999-49.

K.S.A. 12-407 Filing incomplete plat; forfeiture.

12-407. Filing incomplete plat; forfeiture. If any person, his or her agent or attorney, shall cause a map or plat of any such city or town or addition to be deposited with the register, which does not set forth and describe all parcels of ground which have been or shall be promised or set apart for public uses, and other lots, such person shall forfeit double the value of the ground so promised or pretended to have been set apart for public uses, and not set forth on the map or plat. G.S. 1868, ch. 78, § 7; October 31; R.S. 1923, § 12-407.

K.S.A. 12-408 Action by county to recover forfeitures.

12-408. Action by county to recover forfeitures. The forfeitures arising under this act may be recovered by action, with costs, in the name of and to the use of the county, or by indictment or information. G.S. 1868, ch. 78, § 8; October 31; R.S. 1923, § 12-408.

K.S.A. 12-409 Procedure by attachment or otherwise.

12-409. Procedure by attachment or otherwise. The property and effects of the person incurring such forfeiture may be proceeded against by attachment or otherwise, and in like manner and for the like causes as in ordinary cases of debt. G.S. 1868, ch. 78, § 9; October 31; R.S. 1923, § 12-409.

K.S.A. 12-410 Recordation of plat when land becomes part of new or different county.

12-410. Recordation of plat when land becomes part of new or different county. When any town plat shall be filed and recorded with the register of deeds of the county, and by reason of the establishment of any new county, or the alteration of any county lines, the city or town shall fall within a different county, such register shall transmit such plat to the register of deeds of the county within which such city or town may be, and it shall thereupon be recorded by him or her. G.S. 1868, ch. 78, § 10; October 31; R.S. 1923, § 12-410.

K.S.A. 12-411 Plats of cities laid off on public lands; conveyance to public use; penalty for obstructing.

12-411. Plats of cities laid off on public lands; conveyance to public use; penalty for obstructing. The plats of all cities and towns which have heretofore been laid off or which may hereafter be laid off on the public lands within this state shall be filed with the register and recorded as aforesaid, which plats shall accurately set forth the streets, squares, alleys, parks and avenues, and the width and extent thereof, which are intended for public use; and when so filed they shall be deemed a sufficient conveyance of such streets, squares, alleys, parks and avenues to such purposes; and any person occupying or in any wise obstructing such streets, squares, alleys, parks or avenues shall be held liable for damages as if such streets, squares, parks or avenues had been absolutely conveyed to public use, as specified in K.S.A. 12-406 . G.S. 1868, ch. 78, § 11; October 31; R.S. 1923, § 12-411. CASE ANNOTATIONS 1. Dedication of property as public park considered; construction of parking lot on such land prohibited. Cooper v. City of Great Bend, 200 Kan. 590, 594, 438 P.2d 102.

K.S.A. 12-412 Recordation of prior plats; fees.

12-412. Recordation of prior plats; fees. All plats of cities or towns or of additions thereto which have been heretofore filed in the office of the register of deeds or recorder of the proper county, and not recorded, shall be recorded by such register, and such register may collect his or her fees therefor from the proprietors of such city, town or addition, as any other debt. G.S. 1868, ch. 78, § 12; October 31; R.S. 1923, § 12-412.

K.S.A. 12-413 Action for restoration of lost chart or plat.

12-413. Action for restoration of lost chart or plat. Whenever the field chart, map or plat of any city, town or village in this state shall have been destroyed or lost, the mayor of any such city, the chairman of the board of trustees of any such town or village, the chairman of the board of commissioners of any county in which such corporation may be situated, or any person interested in the restoration of any such chart, map or plat, may bring an action for such purpose in the district court of such county, to establish the same, by filing a petition therefor in such court. L. 1872, ch. 160, § 1; March 28; R.S. 1923, § 12-413.

K.S.A. 12-414 Petition in such action.

12-414. Petition in such action. Such petition shall contain the name of the person or officer filing the same, the name of the county in which such action is brought, and of any person or persons whose interests such petitioner desires specially to foreclose by the judgment or decree prayed for, and an allegation of the destruction or loss of such chart, map or plat, and of the time of the filing thereof and of the destruction or loss thereof, as near as may be ascertained, and set forth the interest of the person or corporation in whose interest such action is brought, and of any or all others specially named therein; and shall be accompanied by a copy of the chart, map or plat alleged to have been destroyed or lost, setting forth the streets, parks, places, their names, the reserves and lots, with the correct location, dimensions and numbers of each respectively, and such petition shall be verified by the oath of the person or officer filing the same, or that of some one cognizant of the facts therein stated; and such verification may be made on information and belief. L. 1872, ch. 160, § 2; March 28; R.S. 1923, § 12-414.

K.S.A. 12-415 Summons in such cases; procedure.

12-415. Summons in such cases; procedure. On the filing of such petition the person or officer filing the same may file a praecipe with the clerk of such court, requiring him or her to issue a summons in said action, directed to the sheriff of said county, notifying such persons as may be named in such praecipe of the pendency of such action, and said clerk shall thereupon issue such summons in the form, manner and name in which, and of the purport of the summons provided for in civil actions under said code of civil procedure, and the said sheriff shall serve the same upon the persons named therein, and the same shall be returnable and he or she shall return the same in like manner as is provided by law for the service and return of summons in civil actions under said code; and such person or officer filing such petition shall cause a notice of the pendency of such action to be published for the time and in the manner as provided in Laws of 1909, chapter 182, section 80*, for the publication of a summons in a civil action. Such notice shall state the court in which the petition is filed, the name of the person or officer filing the same, the substance of the prayer thereof, and shall be addressed to all persons and corporations interested in the establishment on the records of the county (naming it), of the chart, map or plat of the town, village or city, as the case may be (naming it), and shall require that an answer or answers to said petition be filed on or before the time fixed therein, which time shall be the same as provided for in said section of the civil code of procedure, or such petition will be taken as true, and such chart, map or plat so established as prayed for; and no other naming of the persons or corporations, public or private, interested in said action, than as in this section provided, shall be required. L. 1872, ch. 160, § 3; March 28; R.S. 1923, § 12-415. Revisor's Note: * Now repealed. Later section, see 60-307(e).

K.S.A. 12-416 Answer or cross petition; who may file.

12-416. Answer or cross petition; who may file. Any person or corporation interested in the establishment or nonestablishment of such chart, map or plat, or any part thereof, within the time fixed in the notice provided for in K.S.A. 12-415 , may file an answer to such petition in said court, which answer may consist of a denial of any or all the allegations of the petition, and may set forth any new matter relevant to the issues tendered by the petition, which answers shall be verified in the same manner as provided for the verification of the petition. L. 1872, ch. 160, § 4; March 28; R.S. 1923, § 12-416.

K.S.A. 12-417 Parties to action; rehearing.

12-417. Parties to action; rehearing. The county in which such chart, map or plat was filed, the town, village or city of which or a part of which, or an addition to which the same was a chart, map or plat, and any person or corporation owning or interested in any lot, reserve or real property within such town, village or city, shall be deemed parties in interest in the subject matter of such action, and parties thereto, and all and each thereof shall be barred by the judgment and decree therein rendered: Provided, That any party interested who shall not be served with summons, and had at the time of the pendency of the proceedings herein provided for no actual notice of the pendency thereof, may within the time prescribed for opening up judgments rendered, in which service was made by publication, open up any judgment or decree rendered under this act in like manner as other judgments rendered upon constructive service; but such opening-up of the judgment or decree shall not operate to allow parties who were in court actually, or by service of summons, at the time of rendering the judgment or entering the decree, to come in and set up any claim whatever. L. 1872, ch. 160, § 5; March 28; R.S. 1923, § 12-417.

K.S.A. 12-418 Trial and judgment.

12-418. Trial and judgment. The trial of the issues in any action brought under this act shall be by the court in which it is brought, and such court is authorized to enter such judgment and decree on default, or after trial, as the case may be, as in other civil actions, as the facts proved may warrant; and except as in this case provided, such trial and the proceedings therein, both before and after judgment, shall be governed by the rules of practice of the said code of civil procedure. L. 1872, ch. 160, § 6; March 28; R.S. 1923, § 12-418.

K.S.A. 12-419 Recordation of restored chart or plat.

12-419. Recordation of restored chart or plat. Any chart, map or plat established as in this act provided, by the decision, judgment or decree of a court, shall be entitled to be filed and recorded in the office of register of deeds of the county the same as is provided by law for the filing and recording of charts, maps or plats of cities, towns and villages, and such record and chart, map or plat shall have the same force and effect in law as the original chart, map or plat so lost or destroyed. L. 1872, ch. 160, § 7; March 28; R.S. 1923, § 12-419.

K.S.A. 12-420 Correction of certain platting errors; procedure.

12-420. Correction of certain platting errors; procedure. If, after recording a subdivision plat, an error is found in distances, angles, bearings, subdivision or street names, block or lot numbers, the computation of dimension or elevation or other details of the plat, except in connection with the outer boundaries of the plat, and if the property described in that part of the plat containing the error is under the ownership of the person who caused the plat to be prepared, the engineer of the approving city or county, in which the property is located, after substantiation of the existence of the error may file an affidavit with the register of deeds that the error was made. The affidavit shall describe the nature and extent of the error and the appropriate correction. The register of deeds shall record the affidavit, and shall place in the margin of the recorded plat a notation that the affidavit has been filed, the date of filing and the book and page where it is recorded. The filing of the affidavit shall correct any such errors, but shall have no effect on the validity of the plat or any property interest recorded by reference thereto. L. 1983, ch. 90, § 1; July 1.

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