Session of 1998
SENATE BILL No. 549
By Committee on Commerce
1-30
9
AN ACT concerning cities; relating to the
exercise of eminent domain
10 power; amending K.S.A.
1997 Supp. 12-1773 and repealing the exist-
11 ing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 12-1773 is hereby amended to read as
15 follows: 12-1773. (a) Any city which has
adopted a redevelopment plan
16 in accordance with the provisions of this
act may purchase or otherwise
17 acquire real property. Upon a 2/3 vote of
the members of the governing
18 body thereof a city may acquire by
condemnation any interest in real
19 property, including a fee simple title
thereto, which it deems necessary
20 for or in connection with any redevelopment
plan of an area located
21 within the redevelopment district.
However no city shall exercise such
22 eminent domain power to acquire
real property in a conservation area.
23 Any such city may exercise the power of
eminent domain in the manner
24 provided by K.S.A. 26-501 et seq., and
amendments thereto. In addition
25 to any compensation or damages allowed
under the eminent domain pro-
26 cedure act, such city shall also provide
for the payment of relocation
27 assistance as provided in K.S.A. 12-1777,
and amendments thereto.
28 (b) Any property
acquired by a city under the provisions of this act
29 may be sold or leased to any person, firm
or corporation, hereinafter
30 referred to as a developer, in accordance
with the redevelopment plan
31 and under such other conditions as may be
agreed upon. Such city may
32 use the proceeds of special obligation
bonds issued under K.S.A. 12-1774,
33 and amendments thereto, or full faith and
credit tax increment bonds
34 issued under K.S.A. 12-1774, and amendments
thereto, or any uncom-
35 mitted funds derived from those sources set
forth in paragraph (1) of
36 subsection (a) of K.S.A. 12-1774, and
amendments thereto, to implement
37 the redevelopment plan including, without
limitation:
38 (1) Acquisition of
property within the project area;
39 (2) payment of
relocation assistance;
40 (3) site
preparation;
41 (4) sanitary and storm
sewers and lift stations;
42 (5) drainage conduits,
channels and levees;
43 (6) street grading,
paving, graveling, macadamizing, curbing, gutter-
SB 549
2
1 ing and surfacing;
2 (7) street
lighting fixtures, connection and facilities;
3 (8) underground
gas, water, heating, and electrical services and con-
4 nections located within the public
right-of-way;
5 (9) sidewalks and
pedestrian underpasses or overpasses;
6 (10) drives and
driveway approaches located within public right-of-
7 way;
8 (11) water mains
and extensions;
9 (12) plazas and
arcades;
10 (13) parking
facilities;
11 (14) landscaping and
plantings; fountains, shelters, benches, sculp-
12 tures, lighting, decorations and similar
amenities; and
13 (15) all related
expenses to redevelop and finance the redevelopment
14 project.
15 None of the proceeds from the sale of such
bonds shall be used for the
16 construction of buildings or other
structures to be owned by or to be
17 leased to such developer, except for
proceeds of such bonds as may be
18 issued under subsection (a)(1)(D) of K.S.A.
12-1774, and amendments
19 thereto and except for proceeds of such
bonds as may be issued for a
20 redevelopment district including some or
all of the land and buildings
21 comprising a state mental institution
closed pursuant to section 2 of chap-
22 ter 219 of the 1995 Session Laws of
Kansas.
23 Sec. 2. K.S.A. 1997
Supp. 12-1773 is hereby repealed.
24 Sec. 3. This act
shall take effect and be in force from and after its
25 publication in the statute book.
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