Terms Used In Kansas Statutes > Chapter 12 > Article 17 - Buildings, Structures and Grounds

• Abandoned property: means :

  (1) Any residential real estate for which taxes are delinquent for the preceding two years and which has been unoccupied continuously by persons legally in possession for the preceding 90 days; or

  (2) commercial real estate for which the taxes are delinquent for the preceding two years and which has a blighting influence on surrounding properties. See Kansas Statutes 12-1750

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Auto race track facility: means : (1) An auto race track facility and facilities directly related and necessary to the operation of an auto race track facility, including, but not limited to, grandstands, suites and viewing areas, concessions, souvenir facilities, catering facilities, visitor and retail centers, signage and temporary hospitality facilities, but excluding (2) hotels, motels, restaurants and retail facilities, not directly related to or necessary to the operation of such facility. See Kansas Statutes 12-1770a
• Base year assessed valuation: means the assessed valuation of all real property within the boundaries of a redevelopment district on the date the redevelopment district was established. See Kansas Statutes 12-1770a
• Bioscience: means the use of compositions, methods and organisms in cellular and molecular research, development and manufacturing processes for such diverse areas as pharmaceuticals, medical therapeutics, medical diagnostics, medical devices, medical instruments, biochemistry, microbiology, veterinary medicine, plant biology, agriculture, industrial environmental and homeland security applications of bioscience and future developments in the biosciences. See Kansas Statutes 12-1770a
• Bioscience development area: means an area that:

  (1) Is or shall be owned, operated, or leased by, or otherwise under the control of the Kansas bioscience authority;

  (2) is or shall be used and maintained by a bioscience company; or

  (3) includes a bioscience facility. See Kansas Statutes 12-1770a

• Bioscience development district: means the specific area, created under Kan. See Kansas Statutes 12-1770a
• Bioscience development project: means an approved project to implement a project plan in a bioscience development district. See Kansas Statutes 12-1770a
• Bioscience development project plan: means the plan adopted by the authority for a bioscience development project pursuant to Kan. See Kansas Statutes 12-1770a
• Bioscience facility: means real property and all improvements thereof used to conduct bioscience research, including, without limitation, laboratory space, incubator space, office space and any and all facilities directly related and necessary to the operation of a bioscience facility. See Kansas Statutes 12-1770a
• Biotechnology: means those fields focusing on technological developments in such areas as molecular biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing, bioinformatics and future developments associated with biotechnology. See Kansas Statutes 12-1770a
• Blighted area: means an area which:

  (1) Because of the presence of a majority of the following factors, substantially impairs or arrests the development and growth of the municipality or constitutes an economic or social liability or is a menace to the public health, safety, morals or welfare in its present condition and use:

  (A) A substantial number of deteriorated or deteriorating structures;

  (B) predominance of defective or inadequate street layout;

  (C) unsanitary or unsafe conditions;

  (D) deterioration of site improvements;

  (E) tax or special assessment delinquency exceeding the fair market value of the real property;

  (F) defective or unusual conditions of title including, but not limited to, cloudy or defective titles, multiple or unknown ownership interests to the property;

  (G) improper subdivision or obsolete platting or land uses;

  (H) the existence of conditions which endanger life or property by fire or other causes; or

  (I) conditions which create economic obsolescence;

  (2) has been identified by any state or federal environmental agency as being environmentally contaminated to an extent that requires a remedial investigation; feasibility study and remediation or other similar state or federal action;

  (3) a majority of the property is a 100-year floodplain area; or

  (4) previously was found by resolution of the governing body to be a slum or a blighted area under Kan. See Kansas Statutes 12-1770a

• Blighting influence: means conditions in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of the municipality or which have an adverse impact on properties in the area. See Kansas Statutes 12-1750
• Board: means the board of directors of the Kansas bioscience authority. See Kansas Statutes 12-1770a
• Business: means a fixed place of business where one or more persons are employed or engaged in the purchase, sale, provision or manufacturing of commodities, products or services. See Kansas Statutes 12-1782
• City: means any city in Kansas. See Kansas Statutes 12-1795
• Commercial real estate: means any real estate for which the present use is other than one to four residential units or for agricultural purposes. See Kansas Statutes 12-1750
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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

• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost: means : (1) Expenditures made for construction, engineering, architectural, technical and legal services, reports, property valuations, estimates, plans, specifications, notices, acquisition of real and personal property, consequential damages, easements, rights-of-way, supervision, inspection, testing, publications, printing and sale of bonds, interest on temporary notes, and provisions for land use planning, administrative expense and contingencies of the district; (2) maintenance expenses of improvements as defined in subsection (c) or (d); and (3) service as defined in subsection (e). See Kansas Statutes 12-1795
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• De minimus: means an amount less than 15% of the land area within a redevelopment district. See Kansas Statutes 12-1770a
• Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Devise: To gift property by will.
• Dilapidated structure: means a residence or other building which is in deteriorating condition by reason of obsolescence, inadequate provision of ventilation, light, air or structural integrity or is otherwise in a condition detrimental to the health, safety or welfare of its inhabitants or a residence or other building which is in deteriorating condition and because of age, architecture, history or significance is worthy of preservation. See Kansas Statutes 12-17,115
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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

• district plan: means the preliminary plan that identifies all of the proposed redevelopment project areas and identifies in a general manner all of the buildings, facilities and improvements in each that are proposed to be constructed or improved in each redevelopment project area or, if the redevelopment district is established for an intermodal transportation area, in or outside of the redevelopment district. See Kansas Statutes 12-1770a
• Eligible area: means a blighted area, conservation area, enterprise zone, intermodal transportation area, major tourism area or a major commercial entertainment and tourism area, bioscience development area or a building or buildings which are 65 years of age or older and any contiguous vacant or condemned lots. See Kansas Statutes 12-1770a
• Enforcing officer: means the building inspector or other officer designated by ordinance and charged with the administration of the provisions of this act. See Kansas Statutes 12-1750
• Enterprise zone: means an area within a city that was designated as an enterprise zone prior to July 1, 1992, pursuant to Kan. See Kansas Statutes 12-1770a
• Environmental increment: means the increment determined pursuant to Kan. See Kansas Statutes 12-1770a
• Environmentally contaminated area: means an area of land having contaminated groundwater or soil which is deemed environmentally contaminated by the department of health and environment or the United States environmental protection agency. See Kansas Statutes 12-1770a
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Feasibility study: means :

  (A) A study which shows whether a redevelopment project's or bioscience development project's benefits and tax increment revenue and other available revenues under Kan. See Kansas Statutes 12-1770a

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• General election: refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year. See Kansas Statutes 77-201
• 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
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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

• Increment: means , except for any taxes levied by school districts pursuant to Kan. See Kansas Statutes 12-17,115
• Intermodal transportation area: means an area of not less than 800 acres to be developed primarily to handle the transfer, storage and distribution of freight through railway and trucking operations. See Kansas Statutes 12-1770a
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Last known address: includes the address where the property is located, or the address as listed in the tax records. See Kansas Statutes 12-1750
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life sciences: means the areas of medical sciences, pharmaceutical sciences, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry, physiology and any future advances associated with life sciences. See Kansas Statutes 12-1770a
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Major motorsports complex: means a complex in Shawnee county that is utilized for the hosting of competitions involving motor vehicles, including, but not limited to, automobiles, motorcycles or other self-propelled vehicles other than a motorized bicycle or motorized wheelchair. See Kansas Statutes 12-1770a
• Major multi-sport athletic complex: means an athletic complex that is utilized for the training of athletes, the practice of athletic teams, the playing of athletic games or the hosting of events. See Kansas Statutes 12-1770a
• Major tourism area: means an area for which the secretary has made a finding the capital improvements costing not less than $100,000,000 will be built in the state to construct an auto race track facility. See Kansas Statutes 12-1770a
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Municipality: means any municipality as defined by Kan. See Kansas Statutes 12-17,115
• Museum facility: means a separate newly-constructed museum building and facilities directly related and necessary to the operation thereof, including gift shops and restaurant facilities, but excluding hotels, motels, restaurants and retail facilities not directly related to or necessary to the operation of such facility. See Kansas Statutes 12-1770a
• Neighborhood revitalization area: means :

  (1) An area in which there is a predominance of buildings or improvements which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime and which is detrimental to the public health, safety or welfare;

  (2) an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, defective or inadequate streets, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is detrimental to the public health, safety or welfare in its present condition and use; or

  (3) an area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use. See Kansas Statutes 12-17,115

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Organization: means any nonprofit corporation organized under the laws of this state and which has among its purposes the improvement of housing. See Kansas Statutes 12-1750
• Oversight: Committee review of the activities of a Federal agency or program.
• Parties in interest: means any owner or owners of record, judgment creditor, tax purchaser or other party having any legal or equitable title or interest in the property. See Kansas Statutes 12-1750
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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.
• Real property taxes: means all taxes levied on an ad valorem basis upon land and improvements thereon, except that "real property taxes" does not include:

  (1) Property taxes levied by school districts pursuant to Kan. See Kansas Statutes 12-1770a

• Recess: A temporary interruption of the legislative business.
• 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
• Redevelopment project area: means an area designated by a city within a redevelopment district or, if the redevelopment district is established for an intermodal transportation area, an area designated by a city within or outside of the redevelopment district. See Kansas Statutes 12-1770a
• Redevelopment project costs: means : (1) Those costs necessary to implement a redevelopment project plan or a bioscience development project plan, including costs incurred for:

  (A) Acquisition of property within the redevelopment project area;

  (B) payment of relocation assistance pursuant to a relocation assistance plan as provided in Kan. See Kansas Statutes 12-1770a

• Redevelopment project plan: means the plan adopted by a municipality for the development of a redevelopment project or projects which conforms with Kan. See Kansas Statutes 12-1770a
• Rehabilitation: means the process of improving the property into compliance with applicable fire, housing and building codes. See Kansas Statutes 12-1750
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• River walk canal facilities: means a canal and related water features which flows through a redevelopment district and facilities related or contiguous thereto, including, but not limited to pedestrian walkways and promenades, landscaping and parking facilities. See Kansas Statutes 12-1770a
• road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
• seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
• Service: means : (1) The provision of special or additional services, such as sanitation, the security of persons and property and the care and maintenance of public facilities, including sidewalks and other public areas; (2) the financial support of public transportation service and publicly owned parking facilities, including the operation and maintenance of parking facilities; (3) the development of plans and programs for the future development of the district; (4) the development, promotion and support of community events and activities open to the general public; and (5) any other service which the city is authorized to perform and which the city does not also perform to the same extent on a city-wide basis. See Kansas Statutes 12-1795
• Services: means governmental functions, programs, activities, facilities improvements and other services which a city is authorized to perform or provide. See Kansas Statutes 12-1782
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• Structure: means any building, wall or other structure. See Kansas Statutes 12-1750
• Substantial change: means , as applicable, a change wherein the proposed plan or plans differ substantially from the intended purpose for which the district plan or project plan was approved. See Kansas Statutes 12-1770a
• Summons: Another word for subpoena used by the criminal justice system.
• Tax increment: means that amount of real property taxes collected from real property located within the redevelopment district that is in excess of the amount of real property taxes which is collected from the base year assessed valuation. See Kansas Statutes 12-1770a
• Taxing subdivision: means the county, city, unified school district and any other taxing subdivision levying real property taxes, the territory or jurisdiction of which includes any currently existing or subsequently created redevelopment district including a bioscience development district. See Kansas Statutes 12-1770a
• Taxpayer: means a person, corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, group or other entity that is subject to the Kansas income tax act, Kan. See Kansas Statutes 12-1770a
• Trustee: A person or institution holding and administering property in trust.
• Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201