12-520. Conditions which permit annexation; ordinance; severability of ordinance where annexation invalid.
12-520
12-520. Conditions which permit annexation;
ordinance; severability of ordinance where annexation invalid.
(a) Except as hereinafter provided, the governing body of any city, by
ordinance, may annex land to such city if any one or more of the following
conditions exist:
(1) The land is platted, and some part of the land adjoins the city.
(2) The land is owned by or held in trust for the city or any agency
thereof.
(3) The land adjoins the city and is owned by or held in trust for any
governmental unit other than another city
except that no city may annex land owned by a county without the express
permission of the board of county commissioners of the county other than as
provided in subsection (f).
(4) The land lies within or mainly within the city and has a common
perimeter with the city boundary line of more than 50%.
(5) The land if annexed will make the city boundary line straight or
harmonious and some part thereof adjoins the city, except no land in
excess of 21 acres shall be annexed for this purpose.
(6) The tract is so situated that 2/3 of any boundary line adjoins the city,
except no tract in excess of 21 acres shall be annexed under this condition.
(7) The land adjoins the city and a written petition for or consent
to annexation is filed with the city by the owner.
(b) No portion of any unplatted tract of land devoted to agricultural
use of 21 acres or more shall be annexed by any city under the authority of
this section without the written consent of the owner thereof.
(c) No city may annex, pursuant to this section, any improvement
district incorporated and organized pursuant to K.S.A 19-2753 et
seq., and amendments thereto, or any land within such improvement
district. The
provisions of this subsection shall apply to such improvement districts for
which the petition for incorporation and organization was presented on or
before January 1, 1987.
(d) Subject to the provisions of this section and
subsection (e) of K.S.A.
12-520a, and amendments thereto, a city may annex, pursuant to this section,
any fire district or any land within such fire district.
(e) Whenever any city annexes any land under the authority
of
paragraph
2 of subsection (a) which does not adjoin the city, tracts of land
adjoining the land so annexed shall not be deemed to be adjoining the city
for the purpose of annexation under the authority of this section until the
adjoining land or the land so annexed adjoins the remainder of the city by
reason of the annexation of the intervening territory.
(f) No city may annex the
right-of-way of any highway
under the authority of this section unless at the time of the annexation
the abutting property upon one or both sides thereof is already within the
city or is annexed to the city in the same proceeding.
The board of county commissioners may notify the city of the existence of
any highway which has not become part of the city by annexation and which has a
common boundary with the city. The notification shall include a legal
description and a map identifying the location of the highway. The governing
body of the city shall certify by ordinance that the certification is correct
and declare the highway, or portion of the highway extending to the center
line
where another city boundary line abuts the opposing side of the highway,
annexed to the city as of the date of the publication of the ordinance.
(g) The governing body of any city by one ordinance may
annex
one or
more separate tracts or lands each of which conforms to any one or more of
the foregoing conditions. The invalidity of the annexation of any tract or
land in one ordinance shall not affect the validity of the remaining tracts
or lands which are annexed by the ordinance and which conform to any one or
more of the foregoing conditions.
History: L. 1967, ch. 98, § 2;
L. 1974, ch. 56, § 4;
L. 1980, ch. 62, § 1;
L. 1986, ch. 70, § 2;
L. 1987, ch. 66, § 2;
L. 1993, ch. 147, § 1;
L. 2005, ch. 166, § 11;
L. 2005, ch. 186, § 6;
L. 2007, ch. 142, § 1; April 26.