Printable Format12-504. Petition for vacation of site or addition, street or alley or for exclusion of land; deannexation of land or vacation of public reservation by city; notice; hearing. (a) The owner of: (1) Any townsite or part of a townsite; (2) any addition or part of an addition to any city; or (3) the lands adjoining on both sides of any street, alley or public reservation such as, but not limited to public easements, dedicated building setback lines, access control, or a part thereof, in any city that desires to have any townsite or part thereof, any addition or part thereof, or public easements, building setback lines, access control or part thereof vacated, or that desires to exclude any farming lands or unplatted tracts, or any addition or part of an addition from the boundaries of the city, shall petition the governing body of such city and request a public hearing on the issues. The governing body shall give notice of such request by publication in the official city newspaper and shall designate whether the hearing will be conducted by the governing body or the planning commission. The notice shall be published at least one time at least 20 days prior to the hearing. The notice shall state that a petition has been filed in the office of the city clerk requesting such vacation or exclusion, or both, describing the property fully. The notice shall specify whether the hearing is to be held before the governing body or the planning commission. All interested persons shall be given an opportunity to be heard on the petition.
(b) Any city may initiate the deannexation of land from the city by following the notice and public hearing process established in subsection (a). The hearing shall be held before the city governing body.
(c) A city may initiate the vacation of any public reservation by following the notice and public hearing process established in subsection (a). The hearing shall be held before the city governing body.
History: R.S. 1923, § 12-504; L. 1963, ch. 72, § 1; L. 1967, ch. 82, § 1; L. 1984, ch. 65, § 3; L. 1997, ch. 147, § 1; L. 2021, ch. 44, § 3; July 1.
Source or prior law:
L. 1862, ch. 108, §§ 1, 5; G.S. 1868, ch. 108, p. 1071, § 1; L. 1877, ch. 190, §§ 1, 3; L. 1891, ch. 245, §§ 1, 3; L. 1897, ch. 267; §§ 1–3; L. 1905, ch. 519, § 1; Revised, 1923.
Cross References to Related Sections:
Vacation of streets and alleys in cities first class, see 13-443.
Vacation of streets and alleys in cities second class, see 14-423.
Law Review and Bar Journal References:
Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 436 (1970).
Attorney General's Opinions:
City land for park purposes; sales or exchanges. 83-146.
Title to lands platted as city and townsite public squares; responsibility of county. 83-179.
CASE ANNOTATIONS
1. Act held constitutional and valid; title held sufficient. Brook v. Blue Mound, 61 Kan. 184, 59 P. 273.
2. Finding of jury binding upon court. In re Robinson, 62 Kan. 426, 63 P. 426.
3. "Public loss and inconvenience" or "public right" defined. In re Robinson, 62 Kan. 426, 63 P. 426.
4. Exclusion not denied because ability to pay bonds injured. In re Robinson, 62 Kan. 426, 63 P. 426.
5. Provisions of act requiring exclusion upon petition and finding unconstitutional. Hutchinson v. Leimbach, 68 Kan. 37, 74 P. 598.
6. Conferring of power to vacate upon one tribunal not exclusive. Eudora v. Hartig, 68 Kan. 742, 746, 75 P. 1113.
7. Procedure to determine true boundary of city; quo warranto. The State, ex rel., v. City of Hutchinson, 102 Kan. 325, 328, 169 P. 1140.
8. County board cannot authorize vacation of streets under this section. Bolmar v. Shawnee County, 114 Kan. 552, 554, 220 P. 245.
9. Discussed; city without authority to change boundaries without county commissioners' consent. Atchison & Eastern Bridge Co. v. Atchison County Comm'rs, 150 Kan. 24, 26, 27, 91 P.2d 34.
10. Mentioned in holding vacated alley reverted to owner adjoining lots under R.S. 1923, 13-443. Luttgen v. Ergenbright, 161 Kan. 183, 190, 166 P.2d 712.
11. Proceedings under act considered in action concerning reversionary rights in street. Truck-Trailer Supply Co., Inc. v. Farmer, 181 Kan. 396, 398, 311 P.2d 1004.
12. 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, 949, 959, 667 P.2d 868 (1983).
13. Protest and veto rights of adjoining landowners in street vacation proceedings determined; "both sides of any street" construed. Garber Enterprises, Inc. v. City of Lawrence, 14 Kan. App. 2d 656, 659, 798 P.2d 946 (1990).