12-1756a.   Rehabilitation of abandoned property;petition for possession;service of process; affirmative defense; rehabilitation plan; lease ofproperty.(a) An organization may file a petition with the district courtfor an order for temporarypossession of property if:

      (1)   The property meets the definition of abandoned as set forth in K.S.A.12-1750, andamendments thereto;

      (2)   the organization intends to rehabilitate the property and use theproperty as housing;and

      (3)   the organization has sent notice to the enforcing officer and theparties in interest of theproperty, by certified or registered mail, mailed to their last known addressand posted on the property at least 20 days but not more than60 days beforethe date the petition is filed, of the organization's intent to file a petitionfor possession under K.S.A. 12-1750 through 12-1756e, andamendments thereto.

      (b)   The proceeding shall be commenced by filing a verified petition in thedistrict court in the county in which the property is located. The petitionshall state that the conditions specified in subsection (a) exist. All partiesin interest of the property shall be named as defendants in the petition. Summons shall be issued and service shall be made pursuant to K.S.A. 60-303,and amendments thereto. Service may be made by publication if theorganization with due diligence is unable to make service of summons upon adefendant pursuant to subsection (a)(3) of K.S.A. 60-307, and amendmentsthereto.

      (c)   Any defendant may file as part of such defendant's answer, as anaffirmative defense, a plan for the rehabilitation of the property andevidence of capacity and resources necessary to complete rehabilitation of theproperty. The courtshall grant the defendant 90 days to bring the property into compliance withapplicable fire, housing and building codes and to pay all delinquentad valorem property tax.For good cause shown, the court may extend the ninety-day compliance period.If the property is brought into such compliance within the ninety-day period orextension of time thereof, the petition shall be dismissed.If the defendant fails to bring the property into suchcompliance within the ninety-day period or extension of time thereof, orif thedefendant's plan is otherwise insufficient, the defendant's affirmative defenseshall be stricken.

      (d)   At the hearing on the organization's petition, the organization shallsubmit to the court a plan for the rehabilitation of the property and presentevidence that the organization has adequate resources to rehabilitate andthereafter manage the property. For the purpose of developing such a plan,representatives of the organization may be permitted entry onto the property bythe court at such times and on such terms as the court may deem appropriate.

      (e)   The court shall make its own determination as to whether the property isin fact abandoned consistent with the terms of K.S.A. 12-1750 through 12-1756e,and amendments thereto.

      (f)   If the court approves the petition, the court shall enter an orderapproving the rehabilitation plan and granting temporary possession of theproperty to the organization. The organization, subject to court approval, mayenter into leases or other agreements in relation to the property. Whether thecourt approves or denies the petition, the organization shall provide thegoverning body a copy of the order within 30 days of theorganization's receiptor knowledge of such order.

      History:   L. 1994, ch. 242, § 5;L. 1996, ch. 231, § 1;L. 2003, ch. 90, § 2; July 1.