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17-4743. Legislative findings; declarations of necessity; eminent domain. It is hereby found and declared that there exist in certain cities of the state, slum and blighted areas (as herein defined) which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities and retards the provision of housing accommodations; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and certain cities therein shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and that because of the congestion in such slum and blighted area innumerable traffic problems are created which hamper the easy flow of motor vehicles throughout the area, and, while contributing little to the tax income of the state and its municipalities, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities.

It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition and clearance, as provided in this act, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this act, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that to the extent feasible salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process.

It is further found and declared that the powers conferred by this act are for public uses and purposes for which public money may be expended and the power of eminent domain exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

History: L. 1955, ch. 86, ยง 2; June 30.

Cross References to Related Sections:

Eminent domain procedure, see 26-206a.


1. Various constitutional objections held without merit; act valid. State, ex rel., v. Urban Renewal Agency of Kansas City, 179 Kan. 435, 296 P.2d 656.

2. Cited; bonds issuable at one time for more than one project. City of Kansas City v. Robb, 183 Kan. 834, 835, 836, 838, 332 P.2d 520.

3. Cited in mandamus action; initiative ordinance to bar urban renewal activity would violate federal constitution's prohibition against impairment of contract. State, ex rel., v. Paulsen, 204 Kan. 857, 860, 465 P.2d 982.

4. Zoning activities furthering and implementing urban redevelopment exempt from antitrust scrutiny under "state action" doctrine. Russell v. City of Kansas City, Kan., 690 F. Supp. 947, 953 (D. Kan. 1988).

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