12-17,172.   Acquisition of property; eminent domain,procedure; sale or lease to developer; use only for specific STAR bond project;transfer by developer of unused property.(a) Any city or county which has adopted a STAR bond projectplan in accordance with the provisionsof this act may purchase or otherwise acquire real property in connection withsuch project plan. Upon a 2/3 vote of the members of the governing bodythereof, a city or county may acquire by condemnation any interest in realproperty, including a fee simple title thereto, which it deems necessary for orin connection with any project plan of an area located within the projectdistrict; however,eminent domain may be used only as authorized by K.S.A. 26-501b, and amendmentsthereto.

      Any such city or county may exercise the power of eminent domain in the mannerprovided by K.S.A. 26-501 et seq., and amendments thereto. In addition to anycompensation or damages allowed under the eminent domain procedure act, suchcity or county shall also provide for the payment of relocation assistance asprovided inK.S.A. 2009 Supp.12-17,173, and amendments thereto.

      (b)   Any real property acquired by a city or county under the provisions ofK.S.A. 26-501 et seq., and amendments thereto, may be sold, transferred orleased to a developer, in accordance withthe STAR bond project plan and under such other conditions as may beagreed upon. Any real property acquired pursuant to this section that is sold,transferred or leased to a projectdeveloper for a specific project shall be sold, transferred or leased to suchdeveloper on the condition that such property shall be used only for thatspecific approved project. If the developer does not utilize the entire tractof the real property acquired pursuant to this section that is sold,transferred or leased in accordance with the STAR bond project plan, thatportion of property notused shall not be sold, transferred or leased by the developer to anotherdeveloper party, but shall be deeded back to the city or county. If thedeveloper paid the city or county for the land, a percentage of the originalpurchase price paid to the city or county which represents the percentage ofthe entire tract being deeded back to the city or county shall be reimbursed tothe developer upon the deeding of the property back to the city or county.

      (c)   Any transfer by the project developer of real property acquired pursuantto this section shall be valid only if approved by a 2/3 majority vote of themembers of the governing body of this city or county.

      History:   L. 2007, ch. 179, § 13; July 1.