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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.

History: 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).


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