12-532.   Petition by landowners to exclude land from the city ifmunicipal services not provided; notice and hearing; order to exclude land,when; record of order by register of deeds; land not liable for certaintaxes.(a) If, within 2 1/2 years following the conclusion of the hearingrequired by K.S.A. 12-531, or, where there has been litigationrelating to the hearing, 2 1/2 years following the conclusion of suchlitigation, the city has not provided the municipal services as provided inthe timetable set forth in the plan prepared in accordance with K.S.A.12-520b or 12-521, and amendments thereto, the owner of such land maypetition the board of county commissioners to exclude such land from theboundaries of the city. Within 10 days after receipt of the petition, theboard shall schedule the matter for public hearing and shall give notice ofthe date, hour and place of the hearing to: (1) The owner; (2) the city;(3) the township into which the property, if deannexed, would be placed;and (4) the governing body of any fire district, sewer district, waterdistrict or other special district governments which have jurisdiction overterritory adjacent to the area sought to be deannexed. The notice shall besent by certified mail no less than 21 days before the date of the hearing.

      (b)   At the hearing, the board shall hear testimony as to the city'sextension of municipal services, or lack thereof, from both the owner andrepresentatives of the city. Except as provided by subsection (e), if theboard finds after the hearing that the city has failed to provide themunicipal services in accordance with the plan and consistent with thetimetable therein, the board may enter an order excluding the land from theboundaries of the city. Any such order shall take effect in the samemanner as provided in K.S.A. 12-523, and amendments thereto, for the effectivedate of annexation ordinances. Such land shall not be annexed again forone year from the effective date of the order without the written consentof the owner of the land.

      (c)   The county clerk shall certify a copy of the order to the registerof deeds of the county. The register of deeds shall record the order inthe deed records of the county, and, at the expense of the owner, theregister of deeds also shall record the order of exclusion on the margin ofthe recorded plat of such land, giving reference thereon to the page andbook of records where the order is recorded in the register's office.

      (d)   Except as provided by this subsection, after the effective date ofthe order to exclude the land from the city, such land shall not be liablefor any general taxes imposed by the city. Such land shall remain liable,however, for any taxes or special assessments levied by the city as arenecessary to pay its proportionate share of the interest on and principalof such bonds or other indebtedness incurred by the city for improvementsto the land which were approved by the city before the date on which theowner or owners filed a petition for the exclusion of the land from the city.

      (e)   The board shall not order exclusion of any land if:

      (1)   The service extension plan conditions the extension of certainimprovements or services on the filing of a legally sufficient petition bythe owners of the land for the creation of an improvement district and tolevy special assessments therein to pay a portion of the costs of suchimprovements, and a sufficient petition has not been filed;

      (2)   since the annexation, the governing body of the city initiated thecreation of an improvement or benefit district affecting such land to levyspecial assessments thereon to pay a portion of the costs of certainmunicipal improvements, and the formation of the district was blocked bythe filing of a sufficient protest petition by some or all of the owners ofany land in the proposed district;

      (3)   the exclusion would result in the land being completely surroundedby other tracts of land located within the city's boundaries; or

      (4)   the board finds the exclusion of the land would have an adverseimpact on the health, safety and welfare of the residents of the city orsuch land.

      (f)   Any owner or the city aggrieved by the decision of the boardmay appeal the decision to the district court in the mannerprovided in K.S.A. 19-223, and amendments thereto. Any city so appealingshall not be required to execute the bond prescribed therein.

      History:   L. 1987, ch. 66, § 8; April 9.