Kansas Statutes 12-1773. Acquisition of property; eminent domain, procedure; transfer by developer subject to approval by governing body
(a) Any city which has adopted a redevelopment project plan in accordance with the provisions of this act may purchase or otherwise acquire real property in connection with such project plan. Upon a 2/3 vote of the members of the governing body thereof a city may acquire by condemnation any interest in real property, including a fee simple title thereto, which it deems necessary for or in connection with any project plan of an area located within the redevelopment district; however, eminent domain may be used only as authorized by Kan. Stat. Ann. § 26-501b, and amendments thereto.
(b) No city shall exercise such eminent domain power to acquire real property in a conservation area.
Terms Used In Kansas Statutes 12-1773
- City: means any city in Kansas. See Kansas Statutes 12-1795
- Conservation area: means any improved area comprising 15% or less of the land area within the corporate limits of a city in which 50% or more of the structures in the area have an age of 35 years or more, which area is not yet blighted, but may become a blighted area due to the existence of a combination of two or more of the following factors:
(1) Dilapidation, obsolescence or deterioration of the structures;
(2) illegal use of individual structures;
(3) the presence of structures below minimum code standards;
(4) building abandonment;
(5) excessive vacancies;
(6) overcrowding of structures and community facilities; or
(7) inadequate utilities and infrastructure. See Kansas Statutes 12-1770a
- Developer: means any person, firm, corporation, partnership or limited liability company, other than a city and other than an agency, political subdivision or instrumentality of the state or a county when relating to a bioscience development district. See Kansas Statutes 12-1770a
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Governing body: means the governing body of any municipality. See Kansas Statutes 12-17,115
- Property: includes personal and real property. See Kansas Statutes 77-201
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Redevelopment district: means the specific area declared to be an eligible area in which the city may develop one or more redevelopment projects. See Kansas Statutes 12-1770a
- Redevelopment project: means the approved project to implement a project plan for the development of the established redevelopment district. See Kansas Statutes 12-1770a
(c) Any such city may exercise the power of eminent domain in the manner provided by Kan. Stat. Ann. § 26-501 et seq., and amendments thereto.
(d) Any transfer by the developer of real property acquired pursuant to this section shall be valid only if approved by a 2/3 majority vote of the members of the governing body.