Kansas Statutes Annotated

K.S.A. § 12-101 (2026)

Corporate powers; home rule of local affairs and government

✓ current as of May 2026

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12-101. Corporate powers; home rule of local affairs and government. Article 12, section 5 of the constitution of Kansas empowers cities to determine their local affairs and government by ordinance and enables the legislature to enact laws governing cities. Each city being a body corporate and politic, may among other powers —

First. Sue and be sued.

Second. Purchase or receive, by bequest or gift, and hold, real and personal property for the use of the city.

Third. Sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be deemed conducive to the interests of the city, and to provide for the improvement, regulation and government of the same.

Fourth. Make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate or administrative powers.

Fifth. Have and use a corporate seal, and alter the same at pleasure.

Sixth. Exercise such other and further powers as may be conferred by the constitution or statutes of this state.

History: R.S. 1923, § 12-101; L. 1967, ch. 79, § 1; July 1.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1994–2024 · leading case: Nauheim v. City of Topeka, 432 P.3d 647 (Kan. 2019).

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Nauheim v. City of Topeka, 432 P.3d 647 (Kan. 2019). · cites it 2× “26-501 et seq. The tenants, of course, argue they should not need to file a lawsuit and prove the City's intention to condemn had the negotiation failed.”

Cheek v. City of Edwardsville, Kan., 514 F. Supp. 2d 1220 (D. Kan. 2007). · cites it 2× “K.S.A. § 12-101. And, the gov *1234 erning body includes the mayor and the city council.”

Bell v. Kansas City, Kansas, Hous. Auth., 992 P.2d 1233 (Kan. 1999). “The present definition of “municipality” in the Cities and Municipalities Act, K.S.A. 12-101 et seq., encompasses all political subunits with the power to create indebtedness and make payments independent of the parent unit.”

Edward Kraemer & Sons, Inc. v. City of Overland Park, 880 P.2d 789 (Kan. Ct. App. 1994). “K.S.A. 12-101. The Cities do not suggest that they are immune from suit on this construction contract.”

Nauheim v. City of Topeka, 381 P.3d 508 (Kan. Ct. App. 2016). “’ See K.S.A. 12-101 (Second, Fourth). “According to [Tenants’] suggested reading of K.”

Jayhawk Racing Props., LLC v. City of Topeka, 432 P.3d 678 (Kan. Ct. App. 2018). “" The powers of the city are exercised by the governing body of the city-here, it is the mayor and city council.”

Spiehs v. Larsen (D. Kan. 2024). · cites it 2× “K.S.A. § 12-101 grants cities in Kansas several enumerated, but nonexclusive, powers— including the power to “[s]ue and be sued.”

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