12-520.   Conditions which permit annexation;ordinance; severability of ordinance where annexation invalid.(a) Except as hereinafter provided, the governing body of any city, byordinance, may annex land to such city if any one or more of the followingconditions 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 agencythereof.

      (3)   The land adjoins the city and is owned by or held in trust for anygovernmental unit other than another cityexcept that no city may annex land owned by a county without the expresspermission of the board of county commissioners of the county other than asprovided in subsection (f).

      (4)   The land lies within or mainly within the city and has a commonperimeter with the city boundary line of more than 50%.

      (5)   The land if annexed will make the city boundary line straight orharmonious and some part thereof adjoins the city, except no land inexcess 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 consentto annexation is filed with the city by the owner.

      (b)   No portion of any unplatted tract of land devoted to agriculturaluse of 21 acres or more shall be annexed by any city under the authority ofthis section without the written consent of the owner thereof.

      (c)   No city may annex, pursuant to this section, any improvementdistrict incorporated and organized pursuant to K.S.A 19-2753 etseq., and amendments thereto, or any land within such improvementdistrict. Theprovisions of this subsection shall apply to such improvement districts forwhich the petition for incorporation and organization was presented on orbefore January 1, 1987.

      (d)   Subject to the provisions of this section andsubsection (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 authorityofparagraph2 of subsection (a) which does not adjoin the city, tracts of landadjoining the land so annexed shall not be deemed to be adjoining the cityfor the purpose of annexation under the authority of this section until theadjoining land or the land so annexed adjoins the remainder of the city byreason of the annexation of the intervening territory.

      (f)   No city may annex theright-of-way of any highwayunder the authority of this section unless at the time of the annexationthe abutting property upon one or both sides thereof is already within thecity or is annexed to the city in the same proceeding.The board of county commissioners may notify the city of the existence ofany highway which has not become part of the city by annexation and which has acommon boundary with the city. The notification shall include a legaldescription and a map identifying the location of the highway. The governingbody of the city shall certify by ordinance that the certification is correctand declare the highway, or portion of the highway extending to the centerlinewhere 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 mayannexone ormore separate tracts or lands each of which conforms to any one or more ofthe foregoing conditions. The invalidity of the annexation of any tract orland in one ordinance shall not affect the validity of the remaining tractsor lands which are annexed by the ordinance and which conform to any one ormore 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.