KANSAS STATUTES AND CODES

26-201. Cities; authority to condemn; interest acquired; resolution, notice, ordinance; exercise of power.

26-201

Chapter 26.--EMINENT DOMAIN Article 2.--CONDEMNATION IN CITIES

26-201. Cities; authority to condemn; interestacquired; resolution,notice, ordinance; exercise of power.A city shall have the right to acquire by condemnation any interest inreal property, including a fee simple title thereto, but citiesshall not have the right to acquire a fee simple title to propertycondemned solely for street purposes. Whenever it shall be deemed necessaryby the governing body of any city to appropriate private property for theuse of the city for any purpose whatsoever, the governing body shall byresolution declare such necessity and authorize a survey and description ofthe land or interest to be condemned to be made by a licensed land surveyoror a professional engineer who iscompetent to conduct a land surveyand filed with the city clerk. Such resolution shall be published once inthe official city newspaper. Upon the filing of the survey and descriptionof the land or interest to be condemned the governing body shall byordinance authorize and provide for the acquisition of such land orinterest, setting forth such condemnation, the interest to be taken and forwhat purpose the same is to be used. If in the opinion of the governingbody any property is specially benefited by the proposed improvement suchproperty shall be designated as the benefit district and the same shall befixed by the ordinance authorizing and providing for the acquisition of theland or interest. The governing body, as soon as practicable after passageof the ordinance authorizing and providing for the appropriation of suchland or interest and the fixing of the benefit district, if any is fixed,shall proceed to exercise the power of eminent domain in accordance withthe eminentdomain 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.