19-211.   Sale or disposition of county property;public notice; election,when;publication of certain sales; contracts for sale; lease-purchase agreements;exceptions.(a) Except as provided in subsection (b):

      (1)   Except for any property belonging to a county law enforcementdepartment and as otherwise provided in this section, noproperty, the value of which is more than $50,000, belonging to anycounty shall be sold or disposed of by any board of county commissionerswithout a unanimous vote of such commissioners and public notice of suchsale or disposition. Such notice shall state the time or date of the sale ordisposition or the date after which the property will be offered for sale ordisposal,the place of the sale or disposition and the terms and conditions of the saleor disposition. Such noticeshall be published at least once each week for three consecutive weeks prior tothe sale or disposition in the official newspaper of thecounty. The property shall be sold or disposed ofpublicly, in the manner deemed prudent by the board of county commissioners,to the person or entity tendering the highest and best bid as determined by theboard.The board of county commissioners shallhave the right to reject any or all bids.

      If, within 45 days after thefirst publication of the notice of sale or disposition apetition signed by not less than 2% of thequalified electors of the county is filed with the county election officer,such property shall not be sold or disposed of unless the propositionof sale or disposal of such property is submitted to avote ofthe electors of the county at a question submitted election calledtherefor. The election shall be called, noticed and held in the mannerprovided by K.S.A. 10-120, and amendments thereto, or at a generalelection. If a majority of the votes cast at any such election authorizesany sale or disposition, such sale or disposition shall be made uponthe notice hereinbefore prescribedby publication, to the person or entitytendering the highest and best bid, as determined by the board. The board ofcounty commissioners shall have the right to reject any or all bids.

      (2)   If the board of countycommissioners rejects all bids or if no bids are received, the board mayproceed to sell or dispose of the property publicly, in the manner deemedprudent by the board, to the person or entity tendering the highest and bestbid or offer as determined by the board.If the notice of sale ordisposition has been previously published in the manner set forth in subsection(a), nofurther notice of sale shall be published before the property is sold ordisposed of pursuant to this subsection.When property of the county is sold or disposed of pursuant to thissubsection, the board shall cause to be published as a part of the statementrequired by K.S.A. 19-227, and amendments thereto, a detailed account of suchsale or disposition which shall list such property, the person who acquired theproperty and the purchase price.

      (3)   If the value of the property does not exceed $1,000,such notice bypublication shall not be required prior to the sale or disposition of suchproperty. When property of the county having a value of more than $50 but notmore than $1,000is sold or disposed of, the board of county commissioners shall cause to bepublished as a part of the statement required by K.S.A 19-227, and amendmentsthereto, a detailed account of such sale or disposition which shall list suchproperty, the person who acquired the property and the purchase price.

      (4)   Upon a finding by the board that any property is nolongerrequired, or cannot prudently be used for public purposes of thecounty, the board, by a unanimous vote, may sell or dispose of suchproperty,the value of which does not exceed $50,000, by public or private sale or bynegotiation, as determined by the board. Notice ofthe board's intent to sell or dispose of such property shall be publishedat least two timesin the official county newspaper. Such notice shall include the time,place and conditions of such sale or disposition.

      (5)   The board, by unanimous vote, may sell or dispose ofanyreal propertyinterest belonging to the county, including any interest derived throughdedication, plat, condemnation, reversion, abandonment, reservation or taxforeclosure, which the board determines, after notice and public hearing,to be surplus property not required for public use, and to be unmarketableproperty. Such property interest may be sold or disposed of by the countyby the adoption of a resolution providing that the interest of the county shallbevacated and transferring by quitclaim, without benefit of warranties oftitle, whatever right, title or interest the county has or may have in theproperty. The resolution shall provide for the reservation to the countyand the owners of any lesser property rights for publicutilities, the rights-of-way and easements for public service facilities whichare in existence and in use across the property. Upon adoption of theresolution, the property interests vacated and conveyed shall revert to andvest in the owners of the real estate immediately abutting thereon, inproportion to the frontage of such land, except in cases where such landmay have been acquired for public use in a different proportion, in whichevent it shall revert and vest in the owner of the adjoining real estate inthe same proportion that it was acquired.

      Following the adoption of the resolution, the county clerk shall recordthe conveyance upon the transfer records of the county and shall cause anotice of the transfer to be published at least two times in the officialcounty newspaper andto be sent by certified mail to each owner of the adjoining real estate towhom the property is being transferred, at the address where the owner's taxstatement is sent. A copy of the transfer and the notice shall be recordedwith the register of deeds of the county, and no fee shall be charged bythe county clerk or the register of deeds recording the transfer.

      (6)   In the event of any sale or disposition of realpropertypursuant to theauthority under this section, the board, in its discretion, may enterinto and execute contracts for sale or lease-purchase agreements for a termof not more than five years.

      (b) (1)   In lieu of following the procedures established in subsection(a), a county commission may adopt a resolution establishing an alternatemethodology for the disposal of property. Such alternate methodology for thedisposal of property shall contain, at a minimum, procedures for:

      (A)   Notification of the public of the property to be sold;

      (B)   describing the property to be sold; and

      (C)   the method of sale, including, but not limited to, fixed price,negotiated bid, sealed bid, public auction or auction or any other method ofsale which allows public participation.

      (2)   Any methodology for the disposal of property established pursuant to thissubsection may contain different procedures for real property and personalproperty.

      (c)   The provisions of this section shall not apply to orrestrict theconveyance of real property by any county to the state of Kansas, the titleto which was previously conveyed to such county by the state of Kansas.

      (d)   The provisions of this section shall not apply to orrestrict theconveyance of real property by any county to a nonprofit corporationorganized under the laws of Kansas if such real property is acquired andconveyed by the county for the purpose of development of an industrial orbusiness park on such real property comprised of businesses engaged in: (1)Manufacturing articles of commerce; (2) conducting research anddevelopment; or (3) storing or processing goods or commodities. If the realproperty is to be conveyed for an amount which is less than the amount thecounty paid to acquire such property, the board of county commissionersshall publish a notice of its intent to convey such property. The noticeshall include a description of the property, the cost of acquiring theproperty and the amount for which such property is to be conveyed. Suchnotice shall be published once each week for three consecutive weeks in theofficial county newspaper. If, within 45 days after the first publicationof such notice a petition signed by not less than 2% of the qualifiedelectors of the county is filed with the county election officer, suchproperty shall not be conveyed unless the proposition of sale or disposalof such property is submitted to and approved by a majority of thequalified voters of the county at an election called therefor. Theelection shall be called, noticed and held in the manner provided by K.S.A.10-120, and amendments thereto, or at a general election.

      (e)   The provisions of this section shall not apply to orrestrict theconveyance of real property by any county to a port authority if such realproperty is acquired and conveyed by the county for the purpose ofdevelopment of an industrial, commercial or business park on such realproperty. The board of county commissioners shall publish a notice of itsintent to convey such property. The notice shall include a description ofthe property, the cost of acquiring the property and the amount for whichthe property is to be conveyed. Such notice also shall include the timeand date of the public hearing at which the board proposes to consider theconveyance of such property. Such notice shall be published at least once inthe official county newspaper. Following the public hearing, the board ofcounty commissioners may convey such property.

      (f)   Whenever it is required by this section that the boardof countycommissioners approve a sale or disposition of property by unanimous voteand a county hasa five-member board, such board may approve a sale or disposition ofproperty by a 4/5 majority.

      (g)   The provisions of this section shall not apply to theconveyance ofproperty pursuant to K.S.A. 2-1319, and amendments thereto.

      (h)   The provisions of this section shall not apply to the conveyance ofany real property when such real property is located within aredevelopment district established in Labette county pursuant to K.S.A. 19-4901et seq., andamendments thereto.

      History:   L. 1871, ch. 74, § 7;R.S. 1923, 19-211;L. 1953, ch. 138, § 1;L. 1957, ch. 160, § 1;L. 1977, ch. 86, § 1;L. 1978, ch. 89, § 1;L. 1985, ch. 95, § 1;L. 1987, ch. 96, § 1;L. 1989, ch. 82, § 1;L. 1993, ch. 198, § 1;L. 1994, ch. 80, § 2;L. 2004, ch. 77, § 1;L. 2009, ch. 85, § 1; July 1.