Session of 1999
Substitute for HOUSE BILL No. 2182
By Committee on Local Government
2-19
9 AN ACT concerning townships and counties; relating to the acquisition
10 of property.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) The township board of any township, by resolution,
14 may request the board of county commissioners of the county in which
15 such township is located to acquire land by purchase or eminent domain
16 for such township. The resolution shall describe the land which the town-
17 ship desires to be acquired and the purpose for which it is to be acquired.
18 Such land shall be located in the township.
19 The board of county commissioners shall call and hold a hearing on
20 such resolution. Notice of the hearing shall be published at least once
21 each week for two consecutive weeks in a newspaper of general circula-
22 tion in the township. At such hearing, any person who desires to appear
23 and speak shall be given the opportunity to be heard.
24 (b) Following such hearing, the board of county commissioners may
25 adopt a resolution of intent to acquire the land, or any portion of such
26 land, described in the petition submitted by the township board. If the
27 board of county commissioners determines that land other than that de-
28 scribed in the petition is more suitable for the township purposes, the
29 board may adopt a resolution of intent to acquire such other land for the
30 township.
31 Any resolution adopted pursuant to this subsection shall be published
32 at least once each week for two consecutive weeks in a newspaper of
33 general circulation in the township. If within 30 days following the date
34 of last publication, a petition signed by at least 5% of the qualified electors
35 of the township is filed with the county election officer, no land shall be
36 acquired pursuant to this section unless the question is submitted to and
37 approved by a majority of the qualified electors of the township voting at
38 an election thereon. Such election shall be called and held in the manner
39 provided by the general bond law.
40 (c) If a sufficient petition is not filed or if the question has been
41 submitted and approved at an election as provided by subsection (b), the
42 board of county commissioners shall acquire, by purchase or eminent
43 domain, the land described in the resolution of intent. Upon acquisition
Sub. HB 2182
2
1 of such land, the board of county commissioners shall convey title thereto
2 to the township. The township shall reimburse the county for all expenses
3 incurred by the county relating to the acquisition of such land, including
4 notice and election expenses.
5 (d) No more than three acres of land may be acquired pursuant to
6 this section. Any land acquired pursuant to this section shall be used for
7 township purposes.
8 (e) The township board may construct, purchase or lease buildings
9 for township purposes. The board may join with any corporation, asso-
10 ciation, society or lodge in the construction or purchase and use of build-
11 ings or land acquired pursuant to this section, upon such terms and con-
12 ditions as may be agreed upon by such township and corporation,
13 association, society or lodge.
14 (f) The township board may issue general obligation bonds of the
15 township to finance the costs of the acquisition of land and the construc-
16 tion and acquisition of township buildings. No such bonds shall be issued
17 unless such issuance is submitted to and approved by a majority of the
18 qualified electors of the township voting at an election called and held on
19 such issuance. Such election shall be called and held in the manner pro-
20 vided by the general bond law. The question of issuance of bonds may
21 be submitted at any election held pursuant to subsection (b).
22 Sec. 2. This act shall take effect and be in force from and after its
23 publication in the statute book.