Kansas Statutes 12-17,104. Same; acquisition of property by gift, purchase, exchange or eminent domain; procedure
The governing body of the city, on behalf of the district, shall have the right to acquire real and personal property by gift, purchase, exchange or eminent domain, as provided by Kan. Stat. Ann. §§ 26-501 to 26-516, inclusive, and amendments thereto, provided that the governing body may exercise the power of eminent domain only under the following conditions:
(1) Acquisition of the land and personal property is in the public interest and is needed to further the improvement or redevelopment proposal of an existing self-supported municipal improvement district under this act.
Terms Used In Kansas Statutes 12-17,104
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: means any city in Kansas. See Kansas Statutes 12-1795
- District: means a self-supported municipal improvement district which may be created and the property taxed in accordance with this act and which is:
(1) Comprised of contiguous property wholly within the boundaries of the central business district of the city as such boundaries are determined by resolution adopted by the governing body of the city and none of which property is zoned for any use other than commercial or industrial;
(2) comprised, at a minimum, of an area equivalent to four square blocks excluding any public streets and rights-of-way; and
(3) given a descriptive name containing the words "self-supported municipal improvement district. See Kansas Statutes 12-1795
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means the governing body of any municipality. See Kansas Statutes 12-17,115
- Improvement: means the principal structures, works, component parts and accessories of any of the following:
(1) Sanitary and storm sewers and lift stations. See Kansas Statutes 12-1795
- Personal property: includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, Kan. See Kansas Statutes 77-201
- Personal property: All property that is not real property.
- Property: includes personal and real property. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(2) The proposal has been reviewed by the appropriate planning commission for conformance with the comprehensive plan of the city.
(3) The city has complied with Kan. Stat. Ann. §§ 75-2714 to 75-2725, inclusive, and amendments thereto, and has received written approval of the state historical society as provided by Kan. Stat. Ann. § 75-2714, and amendments thereto.
(4) The city has complied with provisions of Kan. Stat. Ann. §§ 12-1771 and 12-1772, and amendments thereto.
(5) The procedures for a public hearing, notification to affected property owners and the right of appeal shall be the same as provided in subsections (d) and (e) of Kan. Stat. Ann. §§ 12-1796 and 12-1797, and amendments thereto.
Upon the dissolution of the district or according to the district proposal as adopted or amended, and the retirement of all bonded indebtedness against the property, all property of the district shall become the property of the city and the city may trade or exchange or sell this property in the same manner as provided in Kan. Stat. Ann. § 12-1301, and amendments thereto. The proceeds from such sale may be used for another public purpose.