12-520c. Annexation of land not adjoining city, when; resolution to county commissioners; findings by board spread upon journal; effect; appeals to district court. (a) The governing body of any city may by ordinance annex land not adjoining the city if the following conditions exist:
(1) The land is located within the same county as the city;
(2) the owner or owners of the land petition for or consent in writing to the annexation of the land; and
(3) the board of county commissioners of the county, by a 2/3 vote of the members thereof, find and determine that the annexation of the land will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county.
(b) No land adjoining any land annexed by any city under the provisions of this section shall be deemed to be adjoining the city for the purpose of annexation under any other act or section of this act until the adjoining land or the land annexed under this section shall adjoin the remainder of the city by reason of the annexation of the intervening territory.
(c) Whenever the governing body of any city deems it advisable to annex land under the provisions of this section, the governing body shall by resolution request the board of county commissioners of the county to make a finding as required under subsection (a)(3). The city clerk shall file a certified copy of the resolution with the board of county commissioners who shall, within 30 days following the receipt of the resolution, make findings and notify the governing body of the city of the board's decision.
Any owner or city aggrieved by the decision of the board of county commissioners may appeal from the decision of such board to the district court of the county in the manner and method set forth in K.S.A. 19-223, and amendments thereto. Any city so appealing shall not be required to execute the bond prescribed therein.
History: L. 1974, ch. 56, § 5; L. 2015, ch. 91, § 2; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 5 - Additions, Vacation And Lot Frontage
12-503b Same; act inapplicable to school districts.
12-505 Same; proceedings on petition.
12-506 Reversion of vacated street, alley or public reservation.
12-508 Fees; issuance of subpoenas.
12-510 Limitation of boundaries after exclusion of land.
12-510b Exclusion of veterans affairs medical center land from certain cities; procedure.
12-512b Vacation of plats and other public reservations; recording plat or replat; reversion.
12-513 Power to change frontage.
12-515 Hearing on petition; ordinance and certificate; plat; recordation.
12-516 Payment of costs; when change valid.
12-517 Resolution declaring boundary, when.
12-518 Same; filing of certified copies.
12-521a Same; annexation of a fire district; criteria to be considered.
12-522 Filing of annexation ordinance.
12-523 Effective dates of annexation; exceptions.
12-524 Annexation of city or part of city not authorized.
12-524a Homestead rights; continuation after annexation; limitation.
12-528 Same; bonds; limitations; use of other funds.
12-529 Annexation of military reservation prohibited.
12-530 Notice of proposed annexation to be given to planning commission; review by commission.
12-535 Contractual agreement to guarantee apportionment of costs of improvements.
12-536 Effect of act on certain annexations.
12-538 Actions challenging certain annexations under 12-520; considerations of the court.
12-539 Annexation of lands located in rural water district; notice.
12-540 Same; contract for district to provide water service; franchise fee.
12-542 Part of Kansas rural water district act.
12-546 City annexation of land in fire district; dual taxation; refund.
12-547 Vacation of the original plat dedication of certain blocks in the city of Americus.