Printable Format12-1301. Land for park purposes; sales or exchanges in connection with parks; use of moneys; notice; protest; election; validation of prior sales and conveyances. Any city may acquire by purchase, or lease or may take options upon, land within or without the limits of said city to be used as a public park for the use and benefit of the people of said city. Any city may trade or exchange any public park, public square or market square which it may own, or any portion thereof, for other land to be used for similar purposes, or may sell the same. Any such sale heretofore made is hereby confirmed, legalized and declared to be a valid sale and conveyance. Before making any such trade or exchange or sale, the city shall first publish notice of such proposal in the official city paper once each week for two consecutive weeks upon the same day of the week and, if within thirty (30) days from the date of the last publication there has not been filed with the city clerk of such city a protest signed by qualified electors of such city equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, such city may make such sale, trade or exchange.
In the event such a petition is filed with the city clerk within the time prescribed above no such sale, trade or exchange shall be made until the governing body shall be instructed so to do by a majority of all the votes cast on this proposition at a regular or special election. Any election required as herein provided shall be called and held as provided by law for bond elections.
History: R.S. 1923, § 12-1301; L. 1939, ch. 97, § 1; L. 1941, ch. 107, § 1; L. 1947, ch. 121, § 1; L. 1965, ch. 106, § 1; L. 1976, ch. 77, § 2; April 8.
Source or prior law:
L. 1903, ch. 135, §§ 1, 4; L. 1909, ch. 69, § 1; L. 1915, ch. 125, § 1; L. 1921, ch. 97, § 1.
Attorney General's Opinions:
City land for park purposes; sales or exchanges. 83-146.
Cities issuance of bonds for motor sports raceway park valid exercise of home rule powers. 87-57.
City may sublease public park land for construction and maintenance of a public golf course. 87-88.
Initiative and referendum ordinances; bid procedure for sale of city-owned property to highest bidder. 95-42.
CASE ANNOTATIONS
1. Section cited in discussing liability of city for damages. Harper v. City of Topeka, 92 Kan. 11, 17, 139 P. 1018.
2. Reproduction of natural pond held not an attractive nuisance. Harper v. City of Topeka, 92 Kan. 11, 17, 139 P. 1018.
3. City may not sell public squares dedicated by plat. State, ex rel., v. City of Manhattan, 115 Kan. 794, 225 P. 85.
4. Statutory authority to acquire park and use as airport considered. City of Wichita v. Clapp, 125 Kan. 100, 107, 263 P. 12.
5. Filing of petition not necessary under this section. Smith v. Fuest, 125 Kan. 341, 343, 262 P. 1069.
6. Mayor not required to sign contract for expenditure larger than authorized amount. City of Iola v. Hobart, 141 Kan. 709, 714, 42 P.2d 977.
7. Condemnation proceeding to establish automobile parking places held void. Barker v. Kansas City, 146 Kan. 347, 365, 70 P.2d 5.
8. Cited; private citizen cannot maintain action to enjoin city's operation of wholesale market. Douglas v. City of Wichita, 148 Kan. 619, 620, 621, 83 P.2d 657.
9. Land condemned for one purpose reverts to original owner when no longer used or needed for the purpose for which condemned. Isley v. Bogart, 338 F.2d 33.
10. City park is governmental function; rotating swing not nuisance. Fowler v. City of Winfield, Kansas, 286 F.2d 385.
11. Zoo in public park is governmental function; tests for determination. Grover v. City of Manhattan, 198 Kan. 307, 310, 424 P.2d 256.