12-406a: Fees to certain land held by county transferred to city.
On the effective date of this act, the fee to any parcel of land
intended for public use in cities of the first, second and third classes
which is held in trust by the county is
hereby transferred and conveyed to the city in which such property is located.
The city shall hold the fee to such parcels of land intended for public
use in the city in trust and for the uses therein named, expressed or intended
and for no other use or purpose.
History: L. 1984, ch. 65, § 2; July 1.
12-407: Filing incomplete plat; forfeiture.
If any person, his or her agent or attorney, shall cause a map or plat
of any such city or town or addition to be deposited with the register,
which does not set forth and describe all parcels of ground which have been
or shall be promised or set apart for public uses, and other lots, such
person shall forfeit double the value of the ground so promised or
pretended to have been set apart for public uses, and not set forth on the
map or plat.
History: G.S. 1868, ch. 78, § 7; Oct. 31; R.S. 1923, § 12-407.
12-408: Action by county to recover forfeitures.
The forfeitures arising under this act may be recovered by action, with
costs, in the name of and to the use of the county, or by indictment or
information.
History: G.S. 1868, ch. 78, § 8; Oct. 31; R.S. 1923, § 12-408.
12-409: Procedure by attachment or otherwise.
The property and effects of the person incurring such forfeiture may be
proceeded against by attachment or otherwise, and in like manner and for
the like causes as in ordinary cases of debt.
History: G.S. 1868, ch. 78, § 9; Oct. 31; R.S. 1923, § 12-409.
12-410: Recordation of plat when land becomes part of new or different
county.
When any town plat shall be filed and recorded with the register of
deeds of the county, and by reason of the establishment of any new county,
or the alteration of any county lines, the city or town shall fall within a
different county, such register shall transmit such plat to the register of
deeds of the county within which such city or town may be, and it shall
thereupon be recorded by him or her.
History: G.S. 1868, ch. 78, § 10; Oct. 31; R.S. 1923, § 12-410.
12-411: Plats of cities laid off on public lands; conveyance to public
use; penalty for obstructing.
The plats of all cities and towns which have heretofore been laid off or
which may hereafter be laid off on the public lands within this state shall
be filed with the register and recorded as aforesaid, which plats shall
accurately set forth the streets, squares, alleys, parks and avenues, and
the width and extent thereof, which are intended for public use; and when
so filed they shall be deemed a sufficient conveyance of such streets,
squares, alleys, parks and avenues to such purposes; and any person
occupying or in any wise obstructing such streets, squares, alleys, parks
or avenues shall be held liable for damages as if such streets, squares,
parks or avenues had been absolutely conveyed to public use, as specified
in K.S.A. 12-406.
History: G.S. 1868, ch. 78, § 11; Oct. 31; R.S. 1923, § 12-411.
12-412: Recordation of prior plats; fees.
All plats of cities or towns or of additions thereto which have been
heretofore filed in the office of the register of deeds or recorder of the
proper county, and not recorded, shall be recorded by such register, and
such register may collect his or her fees therefor from the proprietors of
such city, town or addition, as any other debt.
History: G.S. 1868, ch. 78, § 12; Oct. 31; R.S. 1923, § 12-412.
12-413: Action for restoration of lost chart or plat.
Whenever the field chart, map or plat of any city, town or village in
this state shall have been destroyed or lost, the mayor of any such city,
the chairman of the board of trustees of any such town or village, the
chairman of the board of commissioners of any county in which such
corporation may be situated, or any person interested in the restoration of
any such chart, map or plat, may bring an action for such purpose in the
district court of such county, to establish the same, by filing a petition
therefor in such court.
History: L. 1872, ch. 160, § 1; March 28; R.S. 1923, § 12-413.
12-414: Petition in such action.
Such petition shall contain the name of the person or officer filing the
same, the name of the county in which such action is brought, and of any
person or persons whose interests such petitioner desires specially to
foreclose by the judgment or decree prayed for, and an allegation of the
destruction or loss of such chart, map or plat, and of the time of the
filing thereof and of the destruction or loss thereof, as near as may be
ascertained, and set forth the interest of the person or corporation in
whose interest such action is brought, and of any or all others specially
named therein; and shall be accompanied by a copy of the chart, map or plat
alleged to have been destroyed or lost, setting forth the streets, parks,
places, their names, the reserves and lots, with the correct location,
dimensions and numbers of each respectively, and such petition shall be
verified by the oath of the person or officer filing the same, or that of
some one cognizant of the facts therein stated; and such verification may
be made on information and belief.
History: L. 1872, ch. 160, § 2; March 28; R.S. 1923, § 12-414.
12-415: Summons in such cases; procedure.
On the filing of such petition the person or officer filing the same may
file a praecipe with the clerk of such court, requiring him or her to issue
a summons in said action, directed to the sheriff of said county, notifying
such persons as may be named in such praecipe of the pendency of such
action, and said clerk shall thereupon issue such summons in the form,
manner and name in which, and of the purport of the summons provided for in
civil actions under said code of civil procedure, and the said sheriff
shall serve the same upon the persons named therein, and the same shall be
returnable and he or she shall return the same in like manner as is
provided by law for the service and return of summons in civil actions
under said code; and such person or officer filing such petition shall
cause a notice of the pendency of such action to be published for the time
and in the manner as provided in Laws of 1909, chapter 182, section 80 [*],
for the publication of a summons in a civil action.
Such notice shall state the court in which the petition is filed, the
name of the person or officer filing the same, the substance of the prayer
thereof, and shall be addressed to all persons and corporations interested
in the establishment on the records of the county (naming it), of the
chart, map or plat of the town, village or city, as the case may be (naming
it), and shall require that an answer or answers to said petition be filed
on or before the time fixed therein, which time shall be the same as
provided for in said section of the civil code of procedure, or such
petition will be taken as true, and such chart, map or plat so established
as prayed for; and no other naming of the persons or corporations, public
or private, interested in said action, than as in this section provided,
shall be required.
History: L. 1872, ch. 160, § 3; March 28; R.S. 1923, § 12-415.
12-416: Answer or cross petition; who may file.
Any person or corporation interested in the establishment or
nonestablishment of such chart, map or plat, or any part thereof, within
the time fixed in the notice provided for in K.S.A. 12-415, may file an
answer to such petition in said court, which answer may consist of a denial
of any or all the allegations of the petition, and may set forth any new
matter relevant to the issues tendered by the petition, which answers shall
be verified in the same manner as provided for the verification of the
petition.
History: L. 1872, ch. 160, § 4; March 28; R.S. 1923, § 12-416.
12-417: Parties to action; rehearing.
The county in which such chart, map or plat was filed, the town, village
or city of which or a part of which, or an addition to which the same was a
chart, map or plat, and any person or corporation owning or interested in
any lot, reserve or real property within such town, village or city, shall
be deemed parties in interest in the subject matter of such action, and
parties thereto, and all and each thereof shall be barred by the judgment
and decree therein rendered: Provided, That any party interested who
shall not be served with summons, and had at the time of the pendency of
the proceedings herein provided for no actual notice of the pendency
thereof, may within the time prescribed for opening up judgments rendered,
in which service was made by publication, open up any judgment or decree
rendered under this act in like manner as other judgments rendered upon
constructive service; but such opening-up of the judgment or decree shall
not operate to allow parties who were in court actually, or by service of
summons, at the time of rendering the judgment or entering the decree, to
come in and set up any claim whatever.
History: L. 1872, ch. 160, § 5; March 28; R.S. 1923, § 12-417.
12-418: Trial and judgment.
The trial of the issues in any action brought under this act shall be by
the court in which it is brought, and such court is authorized to enter
such judgment and decree on default, or after trial, as the case may be, as
in other civil actions, as the facts proved may warrant; and except as in
this case provided, such trial and the proceedings therein, both before and
after judgment, shall be governed by the rules of practice of the said code
of civil procedure.
History: L. 1872, ch. 160, § 6; March 28; R.S. 1923, § 12-418.
12-419: Recordation of restored chart or plat.
Any chart, map or plat established as in this act provided, by the
decision, judgment or decree of a court, shall be entitled to be filed and
recorded in the office of register of deeds of the county the same as is
provided by law for the filing and recording of charts, maps or plats of
cities, towns and villages, and such record and chart, map or plat shall
have the same force and effect in law as the original chart, map or plat so
lost or destroyed.
History: L. 1872, ch. 160, § 7; March 28; R.S. 1923, § 12-419.
12-420: Correction of certain platting errors; procedure.
If, after recording a subdivision plat, an error is found
in distances, angles, bearings, subdivision or street names, block or lot
numbers, the computation of dimension or elevation or other details of the
plat, except in connection with the outer boundaries of the plat, and if
the property described in that part of the plat containing the error is
under the ownership of the person who caused the plat to be prepared, the
engineer of the approving city or county, in which the property is located,
after substantiation of the existence of the error may file an affidavit
with the register of deeds that the error was made. The affidavit shall
describe the nature and extent of the error and the appropriate correction.
The register of deeds shall record the affidavit, and shall place in the
margin of the recorded plat a notation that the affidavit has been filed,
the date of filing and the book and page where it is recorded. The filing
of the affidavit shall correct any such errors, but shall have no effect
on the validity of the plat or any property interest recorded by reference thereto.
History: L. 1983, ch. 90, § 1; July 1.