Article 6.--SURFACE-MINING LAND CONSERVATION AND RECLAMATION
49-625.Natural resource development districts;application for creation, modification or dissolution; procedure; informationrequired, notice to persons seeking to develop or make improvements indistrict; resolution of city or county approving or disapproving.(a) As used in this section:
(1) "District" means a natural resource development district createdpursuant tothis section.
(2) "Governing body" means the governing body of a city in the case ofcities orthe board of county commissioners in the case of counties.
(3) "Person" means any individual, sole proprietorship, partnership, jointventure,association, trust, estate, business trust, corporation, limited liabilitycompany, not-for-profit corporation, federal, state or local governmental orquasi-governmentalunit oragency, instrumentality or political subdivision thereof or any similar entityororganization.
(4) "Property" means real property.
(b) The governing body of a city or county may create, enlarge, reduce ordissolvenaturalresource development districts in the manner provided by this section.
(c) Any person who owns, leases or otherwise possesses any property for thepurpose of developing or with the intent of developing natural resourcesthereon maysubmit an application for the creation, enlargement, reduction or dissolutionof anatural resourcedevelopment district to the governing body of the city in the case of propertylocatedwithin the corporate limits of a city or to the board of county commissionersin the caseof property located outside the corporate limits of a city. Such applicationshall be on aform provided by the governing body. The application shall be accompanied byanyinformation deemed necessary by the governing body. The application also shallincludea description of the impact of the applicant's operations within the districtand thedistrict's proposed limits.The governing body mayrevise the description of the impact.Such information shall be available to any personseeking todevelop or make improvements to property located within the natural resourcedevelopment district. Such information shall constitute constructive notice oftheactivities and shall serve as an affirmative defense to any claim arising fromthe noticedactivity.
(d) The governing body shall adopt regulations which are necessary toimplementthe provisions of this section. Such regulations shall include:
(1) The procedure for the approval of the creation, enlargement, reduction ordissolution of anatural resource development district;
(2) the time limit within which action shall be taken by the governing body;
(3) notification of existing property owners located within the boundariesof the proposed district; and
(4) any other provision deemed necessary by the governing body.
(e) The governing body shall approve or disapprove the creation orenlargementofthe district as requested in the application or may approve the creation,enlargement,reduction or dissolutionofthe district with modifications made by the governing body. The governing bodyshallconsider the impact of approving or disapproving the creation,enlargement,reduction or dissolutionofthedistrict on the entire community involved in order to ensure the orderly growthanddevelopment of the community. Action by the governing body approving ordisapprovingthe application for creation, enlargement, reduction or dissolutionof a district shall be by resolution. A copy of anyresolution approving the creation, enlargement, reduction or dissolutionof a district shall be filedin the officeof the register of deeds of the county in which any part of the district islocated, and shallbe recorded as are other instruments affecting real estate within the district.
(f) This section shall be part of and supplemental to the Kansassurface-miningland conservation and reclamation act.
Article 6.--SURFACE-MINING LAND CONSERVATION AND RECLAMATION
49-625.Natural resource development districts;application for creation, modification or dissolution; procedure; informationrequired, notice to persons seeking to develop or make improvements indistrict; resolution of city or county approving or disapproving.(a) As used in this section:
(1) "District" means a natural resource development district createdpursuant tothis section.
(2) "Governing body" means the governing body of a city in the case ofcities orthe board of county commissioners in the case of counties.
(3) "Person" means any individual, sole proprietorship, partnership, jointventure,association, trust, estate, business trust, corporation, limited liabilitycompany, not-for-profit corporation, federal, state or local governmental orquasi-governmentalunit oragency, instrumentality or political subdivision thereof or any similar entityororganization.
(4) "Property" means real property.
(b) The governing body of a city or county may create, enlarge, reduce ordissolvenaturalresource development districts in the manner provided by this section.
(c) Any person who owns, leases or otherwise possesses any property for thepurpose of developing or with the intent of developing natural resourcesthereon maysubmit an application for the creation, enlargement, reduction or dissolutionof anatural resourcedevelopment district to the governing body of the city in the case of propertylocatedwithin the corporate limits of a city or to the board of county commissionersin the caseof property located outside the corporate limits of a city. Such applicationshall be on aform provided by the governing body. The application shall be accompanied byanyinformation deemed necessary by the governing body. The application also shallincludea description of the impact of the applicant's operations within the districtand thedistrict's proposed limits.The governing body mayrevise the description of the impact.Such information shall be available to any personseeking todevelop or make improvements to property located within the natural resourcedevelopment district. Such information shall constitute constructive notice oftheactivities and shall serve as an affirmative defense to any claim arising fromthe noticedactivity.
(d) The governing body shall adopt regulations which are necessary toimplementthe provisions of this section. Such regulations shall include:
(1) The procedure for the approval of the creation, enlargement, reduction ordissolution of anatural resource development district;
(2) the time limit within which action shall be taken by the governing body;
(3) notification of existing property owners located within the boundariesof the proposed district; and
(4) any other provision deemed necessary by the governing body.
(e) The governing body shall approve or disapprove the creation orenlargementofthe district as requested in the application or may approve the creation,enlargement,reduction or dissolutionofthe district with modifications made by the governing body. The governing bodyshallconsider the impact of approving or disapproving the creation,enlargement,reduction or dissolutionofthedistrict on the entire community involved in order to ensure the orderly growthanddevelopment of the community. Action by the governing body approving ordisapprovingthe application for creation, enlargement, reduction or dissolutionof a district shall be by resolution. A copy of anyresolution approving the creation, enlargement, reduction or dissolutionof a district shall be filedin the officeof the register of deeds of the county in which any part of the district islocated, and shallbe recorded as are other instruments affecting real estate within the district.
(f) This section shall be part of and supplemental to the Kansassurface-miningland conservation and reclamation act.
Article 6.--SURFACE-MINING LAND CONSERVATION AND RECLAMATION
49-625.Natural resource development districts;application for creation, modification or dissolution; procedure; informationrequired, notice to persons seeking to develop or make improvements indistrict; resolution of city or county approving or disapproving.(a) As used in this section:
(1) "District" means a natural resource development district createdpursuant tothis section.
(2) "Governing body" means the governing body of a city in the case ofcities orthe board of county commissioners in the case of counties.
(3) "Person" means any individual, sole proprietorship, partnership, jointventure,association, trust, estate, business trust, corporation, limited liabilitycompany, not-for-profit corporation, federal, state or local governmental orquasi-governmentalunit oragency, instrumentality or political subdivision thereof or any similar entityororganization.
(4) "Property" means real property.
(b) The governing body of a city or county may create, enlarge, reduce ordissolvenaturalresource development districts in the manner provided by this section.
(c) Any person who owns, leases or otherwise possesses any property for thepurpose of developing or with the intent of developing natural resourcesthereon maysubmit an application for the creation, enlargement, reduction or dissolutionof anatural resourcedevelopment district to the governing body of the city in the case of propertylocatedwithin the corporate limits of a city or to the board of county commissionersin the caseof property located outside the corporate limits of a city. Such applicationshall be on aform provided by the governing body. The application shall be accompanied byanyinformation deemed necessary by the governing body. The application also shallincludea description of the impact of the applicant's operations within the districtand thedistrict's proposed limits.The governing body mayrevise the description of the impact.Such information shall be available to any personseeking todevelop or make improvements to property located within the natural resourcedevelopment district. Such information shall constitute constructive notice oftheactivities and shall serve as an affirmative defense to any claim arising fromthe noticedactivity.
(d) The governing body shall adopt regulations which are necessary toimplementthe provisions of this section. Such regulations shall include:
(1) The procedure for the approval of the creation, enlargement, reduction ordissolution of anatural resource development district;
(2) the time limit within which action shall be taken by the governing body;
(3) notification of existing property owners located within the boundariesof the proposed district; and
(4) any other provision deemed necessary by the governing body.
(e) The governing body shall approve or disapprove the creation orenlargementofthe district as requested in the application or may approve the creation,enlargement,reduction or dissolutionofthe district with modifications made by the governing body. The governing bodyshallconsider the impact of approving or disapproving the creation,enlargement,reduction or dissolutionofthedistrict on the entire community involved in order to ensure the orderly growthanddevelopment of the community. Action by the governing body approving ordisapprovingthe application for creation, enlargement, reduction or dissolutionof a district shall be by resolution. A copy of anyresolution approving the creation, enlargement, reduction or dissolutionof a district shall be filedin the officeof the register of deeds of the county in which any part of the district islocated, and shallbe recorded as are other instruments affecting real estate within the district.
(f) This section shall be part of and supplemental to the Kansassurface-miningland conservation and reclamation act.
