12-533.   Action to compel city to provide services according to writtenagreement; order to exclude land, when; record of order by register ofdeeds; land not liable for certain taxes.(a) The owner of any land in an area annexed by a city who has enteredinto a written agreement as provided for by K.S.A. 12-534 maybring an action in the district court of the county in which the land islocated to compel the governing body of such city to provide the servicesin accordance with the written agreement.

      (b)   The court shall hear testimony as to the city's extension ofmunicipal services, or lack thereof, from both the owner of land andrepresentatives of the city. If the court finds that the city has failedto provide the municipal services in accordance with the written agreement,the court shall order the city to comply with the agreement. If the cityfails to comply within the time so ordered by the court, the court mayenter an order excluding the land from the boundaries of the city. Anysuch order shall take effect in the same manner provided in K.S.A. 12-523,and amendments thereto. Such land shall not be annexed again for one yearfrom the effective date of the order without the written consent of the owner of the land.

      (c)   The clerk of the district court shall certify a copy of the order tothe register of deeds of the county. The register of deeds shall recordthe order in the deed records of the county, and, at the expense of thecity, the register of deeds also shall record the order of exclusion on themargin of the recorded plat of such land, giving reference thereon to thepage and book 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 the petition to compel the city to provide such services.

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

      (1)   The agreement 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 court 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)   If the court finds that the city has failed to provide the municipalservices in accordance with the agreementthe court shall order the city to pay all attorney fees and court costs.

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