Kansas Statutes Annotated

K.S.A. § 12-3407 (2026)

Same; plans for development, notice and hearing; filing of objections to plan; revised plan, when

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12-3407. Same; plans for development, notice and hearing; filing of objections to plan; revised plan, when. The board of directors of a port authority shall prepare or cause to be prepared plans for the future development, construction, improvement and utilization of ports within its area of jurisdiction and its facilities, including such maps, profiles, and other data and descriptions as may be necessary to set forth the location and character of the work to be undertaken by the port authority. Upon the completion of any such plan the board of directors shall cause notice by publication as provided in K.S.A. 12-3401, and amendments thereto, to be given in each county in which there is a political subdivision participating in the port authority and in which any proposed facility is to be located, and shall likewise cause notice to be served upon the owners of the uplands contiguous to any submerged lands affected by any such plan in the manner provided by law for service of notice in the levy of special assessments by cities or counties, and shall permit the inspection thereof at their office by all persons interested. The notice shall fix the time and place for the hearing of all objections to the plan, which shall be not less than 30 nor more than 60 days after the last publication of such notice and after service of notice upon the owners of such uplands. Any interested person may file written objections to such plan, provided such objections are filed with the secretary of the board of directors at the office of the secretary not less than five days prior to the date fixed for the hearing. Objections to the plan by 20% or more of the persons owning real property contiguous to the real property contained in the proposed plan shall require the affirmative vote of at least ¾ of all of the members of the board of directors for the adoption of the plan with any modifications or amendments thereto as an official plan of the port authority.

History: L. 1969, ch. 89, § 7; L. 1981, ch. 76, § 5; L. 1987, ch. 75, § 6; July 1.

Notes of Decisions
Cited in 2 cases, 1981–1981 · leading case: State ex rel. Tomasic v. Kansas City, Kansas Port Auth., 636 P.2d 760 (Kan. 1981).
State ex rel. Tomasic v. Kansas City, Kansas Port Auth., 636 P.2d 760 (Kan. 1981). “(3) Notwithstanding provision for notice and hearing prior to adoption of a plan or modification, “a plan or any modification, amendment or extension thereof relating to an industrial-use facility with respect to which the notice required under K.S.A. 12-3407 or 12-3408, in…”
State Ex Rel. Tomasic v. Kansas City, Kan. Port Auth., 636 P.2d 760 (Kan. 1981). “(3) Notwithstanding provision for notice and hearing prior to adoption of a plan or modification, "a plan or any modification, amendment or extension thereof relating to an industrial-use facility with respect to which the notice required under K.S.A. 12-3407 or 12-3408, in…”
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