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