12-532.Petition by landowners to exclude land from the city if
municipal services not provided; notice and hearing; order to exclude land,
when; record of order by register of deeds; land not liable for certain
taxes.
(a) If, within 2 1/2 years following the conclusion of the hearing
required by K.S.A. 12-531, or, where there has been litigation
relating to the hearing, 2 1/2 years following the conclusion of such
litigation, the city has not provided the municipal services as provided in
the 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 may
petition the board of county commissioners to exclude such land from the
boundaries of the city. Within 10 days after receipt of the petition, the
board shall schedule the matter for public hearing and shall give notice of
the 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, water
district or other special district governments which have jurisdiction over
territory adjacent to the area sought to be deannexed. The notice shall be
sent 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's
extension of municipal services, or lack thereof, from both the owner and
representatives of the city. Except as provided by subsection (e), if the
board finds after the hearing that the city has failed to provide the
municipal services in accordance with the plan and consistent with the
timetable therein, the board may enter an order excluding the land from the
boundaries of the city. Any such order shall take effect in the same
manner as provided in K.S.A. 12-523, and amendments thereto, for the effective
date of annexation ordinances. Such land shall not be annexed again for
one year from the effective date of the order without the written consent
of the owner of the land.
(c) The county clerk shall certify a copy of the order to the register
of deeds of the county. The register of deeds shall record the order in
the deed records of the county, and, at the expense of the owner, the
register of deeds also shall record the order of exclusion on the margin of
the recorded plat of such land, giving reference thereon to the page 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 of
the order to exclude the land from the city, such land shall not be liable
for any general taxes imposed by the city. Such land shall remain liable,
however, for any taxes or special assessments levied by the city as are
necessary to pay its proportionate share of the interest on and principal
of such bonds or other indebtedness incurred by the city for improvements
to the land which were approved by the city before the date on which the
owner 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 certain
improvements or services on the filing of a legally sufficient petition by
the owners of the land for the creation of an improvement district and to
levy special assessments therein to pay a portion of the costs of such
improvements, and a sufficient petition has not been filed;
(2) since the annexation, the governing body of the city initiated the
creation of an improvement or benefit district affecting such land to levy
special assessments thereon to pay a portion of the costs of certain
municipal improvements, and the formation of the district was blocked by
the filing of a sufficient protest petition by some or all of the owners of
any land in the proposed district;
(3) the exclusion would result in the land being completely surrounded
by other tracts of land located within the city's boundaries; or
(4) the board finds the exclusion of the land would have an adverse
impact on the health, safety and welfare of the residents of the city or
such land.
(f) Any owner or the city aggrieved by the decision of the board
may appeal the decision to the district court in the manner
provided in K.S.A. 19-223, and amendments thereto. Any city so appealing
shall not be required to execute the bond prescribed therein.
12-532.Petition by landowners to exclude land from the city if
municipal services not provided; notice and hearing; order to exclude land,
when; record of order by register of deeds; land not liable for certain
taxes.
(a) If, within 2 1/2 years following the conclusion of the hearing
required by K.S.A. 12-531, or, where there has been litigation
relating to the hearing, 2 1/2 years following the conclusion of such
litigation, the city has not provided the municipal services as provided in
the 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 may
petition the board of county commissioners to exclude such land from the
boundaries of the city. Within 10 days after receipt of the petition, the
board shall schedule the matter for public hearing and shall give notice of
the 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, water
district or other special district governments which have jurisdiction over
territory adjacent to the area sought to be deannexed. The notice shall be
sent 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's
extension of municipal services, or lack thereof, from both the owner and
representatives of the city. Except as provided by subsection (e), if the
board finds after the hearing that the city has failed to provide the
municipal services in accordance with the plan and consistent with the
timetable therein, the board may enter an order excluding the land from the
boundaries of the city. Any such order shall take effect in the same
manner as provided in K.S.A. 12-523, and amendments thereto, for the effective
date of annexation ordinances. Such land shall not be annexed again for
one year from the effective date of the order without the written consent
of the owner of the land.
(c) The county clerk shall certify a copy of the order to the register
of deeds of the county. The register of deeds shall record the order in
the deed records of the county, and, at the expense of the owner, the
register of deeds also shall record the order of exclusion on the margin of
the recorded plat of such land, giving reference thereon to the page 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 of
the order to exclude the land from the city, such land shall not be liable
for any general taxes imposed by the city. Such land shall remain liable,
however, for any taxes or special assessments levied by the city as are
necessary to pay its proportionate share of the interest on and principal
of such bonds or other indebtedness incurred by the city for improvements
to the land which were approved by the city before the date on which the
owner 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 certain
improvements or services on the filing of a legally sufficient petition by
the owners of the land for the creation of an improvement district and to
levy special assessments therein to pay a portion of the costs of such
improvements, and a sufficient petition has not been filed;
(2) since the annexation, the governing body of the city initiated the
creation of an improvement or benefit district affecting such land to levy
special assessments thereon to pay a portion of the costs of certain
municipal improvements, and the formation of the district was blocked by
the filing of a sufficient protest petition by some or all of the owners of
any land in the proposed district;
(3) the exclusion would result in the land being completely surrounded
by other tracts of land located within the city's boundaries; or
(4) the board finds the exclusion of the land would have an adverse
impact on the health, safety and welfare of the residents of the city or
such land.
(f) Any owner or the city aggrieved by the decision of the board
may appeal the decision to the district court in the manner
provided in K.S.A. 19-223, and amendments thereto. Any city so appealing
shall not be required to execute the bond prescribed therein.
12-532.Petition by landowners to exclude land from the city if
municipal services not provided; notice and hearing; order to exclude land,
when; record of order by register of deeds; land not liable for certain
taxes.
(a) If, within 2 1/2 years following the conclusion of the hearing
required by K.S.A. 12-531, or, where there has been litigation
relating to the hearing, 2 1/2 years following the conclusion of such
litigation, the city has not provided the municipal services as provided in
the 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 may
petition the board of county commissioners to exclude such land from the
boundaries of the city. Within 10 days after receipt of the petition, the
board shall schedule the matter for public hearing and shall give notice of
the 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, water
district or other special district governments which have jurisdiction over
territory adjacent to the area sought to be deannexed. The notice shall be
sent 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's
extension of municipal services, or lack thereof, from both the owner and
representatives of the city. Except as provided by subsection (e), if the
board finds after the hearing that the city has failed to provide the
municipal services in accordance with the plan and consistent with the
timetable therein, the board may enter an order excluding the land from the
boundaries of the city. Any such order shall take effect in the same
manner as provided in K.S.A. 12-523, and amendments thereto, for the effective
date of annexation ordinances. Such land shall not be annexed again for
one year from the effective date of the order without the written consent
of the owner of the land.
(c) The county clerk shall certify a copy of the order to the register
of deeds of the county. The register of deeds shall record the order in
the deed records of the county, and, at the expense of the owner, the
register of deeds also shall record the order of exclusion on the margin of
the recorded plat of such land, giving reference thereon to the page 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 of
the order to exclude the land from the city, such land shall not be liable
for any general taxes imposed by the city. Such land shall remain liable,
however, for any taxes or special assessments levied by the city as are
necessary to pay its proportionate share of the interest on and principal
of such bonds or other indebtedness incurred by the city for improvements
to the land which were approved by the city before the date on which the
owner 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 certain
improvements or services on the filing of a legally sufficient petition by
the owners of the land for the creation of an improvement district and to
levy special assessments therein to pay a portion of the costs of such
improvements, and a sufficient petition has not been filed;
(2) since the annexation, the governing body of the city initiated the
creation of an improvement or benefit district affecting such land to levy
special assessments thereon to pay a portion of the costs of certain
municipal improvements, and the formation of the district was blocked by
the filing of a sufficient protest petition by some or all of the owners of
any land in the proposed district;
(3) the exclusion would result in the land being completely surrounded
by other tracts of land located within the city's boundaries; or
(4) the board finds the exclusion of the land would have an adverse
impact on the health, safety and welfare of the residents of the city or
such land.
(f) Any owner or the city aggrieved by the decision of the board
may appeal the decision to the district court in the manner
provided in K.S.A. 19-223, and amendments thereto. Any city so appealing
shall not be required to execute the bond prescribed therein.