19-211. Sale or disposition of county property; public notice; election, when; publication of certain sales; contracts for sale; lease-purchase agreements; exceptions.
19-211
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 enforcement
department and as otherwise provided in this section, no
property, the value of which is more than $50,000, belonging to any
county shall be sold or disposed of by any board of county commissioners
without a unanimous vote of such commissioners and public notice of such
sale or disposition. Such notice shall state the time or date of the sale or
disposition or the date after which the property will be offered for sale or
disposal,
the place of the sale or disposition and the terms and conditions of the sale
or disposition. Such notice
shall be published at least once each week for three consecutive weeks prior to
the sale or disposition in the official newspaper of the
county. The property shall be sold or disposed of
publicly, 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 the
board.
The board of county commissioners shall
have the right to reject any or all bids.
If, within 45 days after the
first publication of the notice of sale or disposition a
petition signed by not less than 2% of the
qualified electors of the county is filed with the county election officer,
such property shall not be sold or disposed of unless the proposition
of sale or disposal of such property is submitted to a
vote of
the electors of the county at a question submitted election called
therefor. The election shall be called, noticed and held in the manner
provided by K.S.A. 10-120, and amendments thereto, or at a general
election. If a majority of the votes cast at any such election authorizes
any sale or disposition, such sale or disposition shall be made upon
the notice hereinbefore prescribed
by publication, to the person or entity
tendering the highest and best bid, as determined by the board. The board of
county commissioners shall have the right to reject any or all bids.
(2) If the board of county
commissioners rejects all bids or if no bids are received, the board may
proceed to sell or dispose of the property publicly, in the manner deemed
prudent by the board, to the person or entity tendering the highest and best
bid or offer as determined by the board.
If the notice of sale or
disposition has been previously published in the manner set forth in subsection
(a), no
further notice of sale shall be published before the property is sold or
disposed of pursuant to this subsection.
When property of the county is sold or disposed of pursuant to this
subsection, the board shall cause to be published as a part of the statement
required by K.S.A. 19-227, and amendments thereto, a detailed account of such
sale or disposition which shall list such property, the person who acquired the
property and the purchase price.
(3) If the value of the property does not exceed $1,000,
such notice by
publication shall not be required prior to the sale or disposition of such
property. When property of the county having a value of more than $50 but not
more than $1,000
is sold or disposed of, the board of county commissioners shall cause to be
published as a part of the statement required by K.S.A 19-227, and amendments
thereto, a detailed account of such sale or disposition which shall list such
property, the person who acquired the property and the purchase price.
(4) Upon a finding by the board that any property is no
longer
required, or cannot prudently be used for public purposes of the
county, the board, by a unanimous vote, may sell or dispose of such
property,
the value of which does not exceed $50,000, by public or private sale or by
negotiation, as determined by the board. Notice of
the board's intent to sell or dispose of such property shall be published
at least two times
in 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 of
any
real property
interest belonging to the county, including any interest derived through
dedication, plat, condemnation, reversion, abandonment, reservation or tax
foreclosure, which the board determines, after notice and public hearing,
to be surplus property not required for public use, and to be unmarketable
property. Such property interest may be sold or disposed of by the county
by the adoption of a resolution providing that the interest of the county shall
be
vacated and transferring by quitclaim, without benefit of warranties of
title, whatever right, title or interest the county has or may have in the
property. The resolution shall provide for the reservation to the county
and the owners of any lesser property rights for public
utilities, the rights-of-way and easements for public service facilities which
are in existence and in use across the property. Upon adoption of the
resolution, the property interests vacated and conveyed shall revert to and
vest in the owners of the real estate immediately abutting thereon, in
proportion to the frontage of such land, except in cases where such land
may have been acquired for public use in a different proportion, in which
event it shall revert and vest in the owner of the adjoining real estate in
the same proportion that it was acquired.
Following the adoption of the resolution, the county clerk shall record
the conveyance upon the transfer records of the county and shall cause a
notice of the transfer to be published at least two times in the official
county newspaper and
to be sent by certified mail to each owner of the adjoining real estate to
whom the property is being transferred, at the address where the owner's tax
statement is sent. A copy of the transfer and the notice shall be recorded
with the register of deeds of the county, and no fee shall be charged by
the county clerk or the register of deeds recording the transfer.
(6) In the event of any sale or disposition of real
property
pursuant to the
authority under this section, the board, in its discretion, may enter
into and execute contracts for sale or lease-purchase agreements for a term
of 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 alternate
methodology for the disposal of property. Such alternate methodology for the
disposal 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 of
sale which allows public participation.
(2) Any methodology for the disposal of property established pursuant to this
subsection may contain different procedures for real property and personal
property.
(c) The provisions of this section shall not apply to or
restrict the
conveyance of real property by any county to the state of Kansas, the title
to which was previously conveyed to such county by the state of Kansas.
(d) The provisions of this section shall not apply to or
restrict the
conveyance of real property by any county to a nonprofit corporation
organized under the laws of Kansas if such real property is acquired and
conveyed by the county for the purpose of development of an industrial or
business park on such real property comprised of businesses engaged in: (1)
Manufacturing articles of commerce; (2) conducting research and
development; or (3) storing or processing goods or commodities. If the real
property is to be conveyed for an amount which is less than the amount the
county paid to acquire such property, the board of county commissioners
shall publish a notice of its intent to convey such property. The notice
shall include a description of the property, the cost of acquiring the
property and the amount for which such property is to be conveyed. Such
notice shall be published once each week for three consecutive weeks in the
official county newspaper. If, within 45 days after the first publication
of such notice a petition signed by not less than 2% of the qualified
electors of the county is filed with the county election officer, such
property shall not be conveyed unless the proposition of sale or disposal
of such property is submitted to and approved by a majority of the
qualified voters of the county at an election called therefor. The
election 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 or
restrict the
conveyance of real property by any county to a port authority if such real
property is acquired and conveyed by the county for the purpose of
development of an industrial, commercial or business park on such real
property. The board of county commissioners shall publish a notice of its
intent to convey such property. The notice shall include a description of
the property, the cost of acquiring the property and the amount for which
the property is to be conveyed. Such notice also shall include the time
and date of the public hearing at which the board proposes to consider the
conveyance of such property. Such notice shall be published at least once in
the official county newspaper. Following the public hearing, the board of
county commissioners may convey such property.
(f) Whenever it is required by this section that the board
of county
commissioners approve a sale or disposition of property by unanimous vote
and a county has
a five-member board, such board may approve a sale or disposition of
property by a 4/5 majority.
(g) The provisions of this section shall not apply to the
conveyance of
property pursuant to K.S.A. 2-1319, and amendments thereto.
(h) The provisions of this section shall not apply to the conveyance of
any real property when such real property is located within a
redevelopment district established in Labette county pursuant to K.S.A. 19-4901
et seq., and
amendments 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.