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.
12-17,172
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 project
plan in accordance with the provisions
of this act may purchase or otherwise acquire real property in connection with
such project plan. Upon a 2/3 vote of the members of the governing body
thereof, a city or county may acquire by condemnation any interest in real
property, including a fee simple title thereto, which it deems necessary for or
in connection with any project plan of an area located within the project
district; however,
eminent domain may be used only as authorized by K.S.A. 26-501b, and amendments
thereto.
Any such city or county may exercise the power of eminent domain in the manner
provided by K.S.A. 26-501 et seq., and amendments thereto. In addition to any
compensation or damages allowed under the eminent domain procedure act, such
city or county shall also provide for the payment of relocation assistance as
provided in
K.S.A. 2009 Supp.
12-17,173, and amendments thereto.
(b) Any real property acquired by a city or county under the provisions of
K.S.A. 26-501 et seq., and amendments thereto, may be sold, transferred or
leased to a developer, in accordance with
the STAR bond project plan and under such other conditions as may be
agreed upon. Any real property acquired pursuant to this section that is sold,
transferred or leased to a project
developer for a specific project shall be sold, transferred or leased to such
developer on the condition that such property shall be used only for that
specific approved project. If the developer does not utilize the entire tract
of the real property acquired pursuant to this section that is sold,
transferred or leased in accordance with the STAR bond project plan, that
portion of property not
used shall not be sold, transferred or leased by the developer to another
developer party, but shall be deeded back to the city or county. If the
developer paid the city or county for the land, a percentage of the original
purchase price paid to the city or county which represents the percentage of
the entire tract being deeded back to the city or county shall be reimbursed to
the developer upon the deeding of the property back to the city or county.
(c) Any transfer by the project developer of real property acquired pursuant
to this section shall be valid only if approved by a 2/3 majority vote of the
members of the governing body of this city or county.
History: L. 2007, ch. 179, § 13; July 1.