12-533.Action to compel city to provide services according to written
agreement; order to exclude land, when; record of order by register of
deeds; land not liable for certain taxes.
(a) The owner of any land in an area annexed by a city who has entered
into a written agreement as provided for by K.S.A. 12-534 may
bring an action in the district court of the county in which the land is
located to compel the governing body of such city to provide the services
in accordance with the written agreement.
(b) The court shall hear testimony as to the city's extension of
municipal services, or lack thereof, from both the owner of land and
representatives of the city. If the court finds that the city has failed
to provide the municipal services in accordance with the written agreement,
the court shall order the city to comply with the agreement. If the city
fails to comply within the time so ordered by the court, the court may
enter an order excluding the land from the boundaries of the city. Any
such 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 year
from 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 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
city, 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 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 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 court 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) If the court finds that the city has failed to provide the municipal
services in accordance with the agreement
the court shall order the city to pay all attorney fees and court costs.
12-533.Action to compel city to provide services according to written
agreement; order to exclude land, when; record of order by register of
deeds; land not liable for certain taxes.
(a) The owner of any land in an area annexed by a city who has entered
into a written agreement as provided for by K.S.A. 12-534 may
bring an action in the district court of the county in which the land is
located to compel the governing body of such city to provide the services
in accordance with the written agreement.
(b) The court shall hear testimony as to the city's extension of
municipal services, or lack thereof, from both the owner of land and
representatives of the city. If the court finds that the city has failed
to provide the municipal services in accordance with the written agreement,
the court shall order the city to comply with the agreement. If the city
fails to comply within the time so ordered by the court, the court may
enter an order excluding the land from the boundaries of the city. Any
such 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 year
from 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 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
city, 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 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 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 court 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) If the court finds that the city has failed to provide the municipal
services in accordance with the agreement
the court shall order the city to pay all attorney fees and court costs.
12-533.Action to compel city to provide services according to written
agreement; order to exclude land, when; record of order by register of
deeds; land not liable for certain taxes.
(a) The owner of any land in an area annexed by a city who has entered
into a written agreement as provided for by K.S.A. 12-534 may
bring an action in the district court of the county in which the land is
located to compel the governing body of such city to provide the services
in accordance with the written agreement.
(b) The court shall hear testimony as to the city's extension of
municipal services, or lack thereof, from both the owner of land and
representatives of the city. If the court finds that the city has failed
to provide the municipal services in accordance with the written agreement,
the court shall order the city to comply with the agreement. If the city
fails to comply within the time so ordered by the court, the court may
enter an order excluding the land from the boundaries of the city. Any
such 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 year
from 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 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
city, 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 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 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 court 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) If the court finds that the city has failed to provide the municipal
services in accordance with the agreement
the court shall order the city to pay all attorney fees and court costs.