Statute 58-2614: Same; order; protest by city; recordation of order; costs.
Upon the hearing, if the board of county commissioners determines that notice
has been given as required by this act, that the public will suffer no loss or
inconvenience by such vacation
and that no private rights will be injured or endangered thereby,
the board shall
order that such vacation be made and if the vacation is of a plat that such
land shall be listed for taxation and for other purposes as
though it had never been platted. If the
planning
commission holds the hearing, the commission shall make a recommendation
regarding the vacation and submit such recommendation to the board in the same
manner provided by
K.S.A. 12-752, and amendments thereto, for submission and
approval of recommendations regarding plats. No
such vacation
shall be granted if the governing body of any city having subdivision
regulations applicable to the area in which the property is
located, shall
protest against such vacation. When only a portion of a street, alley or
public reservation is proposed to be vacated, the petition shall not be
granted if a written objection is filed with the county clerk by any owner of
land which adjoins the portion to be vacated. The order of the board shall
be entered on
the records of proceedings of the board, and a certified copy thereof
recorded in the office of the register of deeds of the county. Such order,
if approving a vacation of a plat, street, alley, public easement or
reservation shall protect and provide for the property rights of public
utilities, rights-of-way, and easements for public service facilities then
in existence and use. The costs of the proceedings, including publication
and recording costs, shall be paid by the party or parties presenting the
petition.
History: L. 1949, ch. 223, § 2; L. 1967, ch. 306, §
2;
L. 1997, ch. 147, § 7; May 1.