Kansas Statutes

Chapter 26: Eminent Domain

Article 2: Condemnation In Cities

Statutes:

• 26-201: Cities; authority to condemn; interest acquired; resolution, notice, ordinance; exercise of power.
• 26-202:
• 26-203:
• 26-204: Payment of award; time title to vest.
• 26-205:
• 26-206:
• 26-206a: Application to urban renewal law.
• 26-207:
• 26-208: Condemnation of land outside city.
• 26-209: Assessment of costs in benefit districts.
• 26-210: Condemnation by board or commission.
• 26-211: Abatement and cancellation of taxes and removal of certain real estate from tax rolls.

• 26-201: Cities; authority to condemn; interest acquired; resolution, notice, ordinance; exercise of power. A city shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, but cities shall not have the right to acquire a fee simple title to property condemned solely for street purposes. Whenever it shall be deemed necessary by the governing body of any city to appropriate private property for the use of the city for any purpose whatsoever, the governing body shall by resolution declare such necessity and authorize a survey and description of the land or interest to be condemned to be made by a licensed land surveyor or a professional engineer who is competent to conduct a land survey and filed with the city clerk. Such resolution shall be published once in the official city newspaper. Upon the filing of the survey and description of the land or interest to be condemned the governing body shall by ordinance authorize and provide for the acquisition of such land or interest, setting forth such condemnation, the interest to be taken and for what purpose the same is to be used. If in the opinion of the governing body any property is specially benefited by the proposed improvement such property shall be designated as the benefit district and the same shall be fixed by the ordinance authorizing and providing for the acquisition of the land or interest. The governing body, as soon as practicable after passage of the ordinance authorizing and providing for the appropriation of such land or interest and the fixing of the benefit district, if any is fixed, shall proceed to exercise the power of eminent domain in accordance with the eminent domain procedure act.

        History:   R.S. 1923, 26-201; L. 1963, ch. 234, § 71; L. 1967, ch. 211, § 1; L. 1972, ch. 147, § 1; L. 2006, ch. 192, § 10; July 1.

• 26-202:

        History:   R.S. 1923, 26-202, L. 1937, ch. 227, § 1; L. 1955, ch. 213, § 1; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 26-203:

        History:   R.S. 1923, 26-203; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 26-204: Payment of award; time title to vest. When the city treasurer of such city is authorized by the governing body to do so, he shall pay to the clerk of the district court the amount of the award pursuant to K.S.A. 26-507. The title to the lands condemned by any city shall vest in such city at the time provided in K.S.A. 26-507.

        History:   R.S. 1923, 26-204; L. 1961, ch. 208, § 1; L. 1961, ch. 209, § 2; L. 1963, ch. 234, § 72; L. 1967, ch. 211, § 2; July 1.

• 26-205:

        History:   R.S. 1923, 26-205; L. 1937, ch. 228, § 1; L. 1961, ch. 209, § 1; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 26-206:

        History:   R.S. 1923, 26-206; L. 1961, ch. 209, § 3; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 26-206a: Application to urban renewal law. The provisions of K.S.A. 26-501 to 26-516, inclusive, shall apply in the acquisition of any property by the exercise of eminent domain under the provisions of article 47 of chapter 17 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto, by any city, municipality, agency, public body or quasi-public body.

        History:   L. 1961, ch. 209, § 4; L. 1963, ch. 234, § 73; Jan. 1, 1964.

• 26-207:

        History:   R.S. 1923, 26-207; Repealed, L. 1963, ch. 234, § 103; Jan. 1, 1964.

• 26-208: Condemnation of land outside city. Where the governing body of any city, or any other board or commission of such city, is authorized to condemn land outside the city limits for the use of such city or any public utility owned by such city, the same proceedings shall be had as though such land were located within such city, so far as the procedure relating to cities shall be applicable.

        History:   R.S. 1923, 26-208; Dec. 27.

• 26-209: Assessment of costs in benefit districts. Where property is condemned, the cost of which property or any part thereof is to be assessed against specific property embraced in a benefit district, the governing body or three householders appointed by it, shall assess against the city the amount of the benefit to the public generally and shall assess the remainder of the cost of such condemnation against the specific property embraced in said benefit district, and the same shall be levied and collected as a special assessment, in addition to other taxes and assessments, and shall be certified by the city clerk to the county clerk, to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes.

        History:   R.S. 1923, 26-209; L. 1963, ch. 234, § 74; Jan. 1, 1964.

• 26-210: Condemnation by board or commission. The foregoing sections relating to the condemnation of land or any easement therein for public purposes in cities are hereby extended to the board of park commissioners or any other board or commission having the power to condemn land in cities for public purposes, and in such cases the duties devolving upon and the powers conferred upon the governing body shall devolve upon and be exercised by the board or commission authorized to condemn private property for public uses, so far as the same shall be applicable.

        History:   R.S. 1923, 26-210; Dec. 27.

• 26-211: Abatement and cancellation of taxes and removal of certain real estate from tax rolls. That all of the real estate described in the preamble to this act condemned by the city of El Dorado under the power of eminent domain, except that portion of the southwest quarter (SW1/4) of section 21, township 25, range 6 last described in said preamble which was sold by said city, shall be stricken from the tax roll by the county clerk of the county in which said real estate is situated and all delinquent and all future taxes levied against said condemned and city-owned real estate shall be abated, canceled and stricken from the tax rolls, and the county clerk and the county treasurer of such county shall correct their records to conform thereto and the county clerk shall notify the taxing authorities of any district in which such real estate, or any part thereof, is situated of such corrections.

        History:   L. 1955, ch. 434, § 1; June 30.