Kansas Statutes Annotated

K.S.A. § 12-504 (2026)

Petition for vacation of site or addition, street or alley or for exclusion of land; deannexation of land or vacation of public reservation by city; notice; hearing

✓ current as of May 2026

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12-504. Petition for vacation of site or addition, street or alley or for exclusion of land; deannexation of land or vacation of public reservation by city; notice; hearing. (a) The owner of: (1) Any townsite or part of a townsite; (2) any addition or part of an addition to any city; or (3) the lands adjoining on both sides of any street, alley or public reservation such as, but not limited to public easements, dedicated building setback lines, access control, or a part thereof, in any city that desires to have any townsite or part thereof, any addition or part thereof, or public easements, building setback lines, access control or part thereof vacated, or that desires to exclude any farming lands or unplatted tracts, or any addition or part of an addition from the boundaries of the city, shall petition the governing body of such city and request a public hearing on the issues. The governing body shall give notice of such request by publication in the official city newspaper and shall designate whether the hearing will be conducted by the governing body or the planning commission. The notice shall be published at least one time at least 20 days prior to the hearing. The notice shall state that a petition has been filed in the office of the city clerk requesting such vacation or exclusion, or both, describing the property fully. The notice shall specify whether the hearing is to be held before the governing body or the planning commission. All interested persons shall be given an opportunity to be heard on the petition.

(b) Any city may initiate the deannexation of land from the city by following the notice and public hearing process established in subsection (a). The hearing shall be held before the city governing body.

(c) A city may initiate the vacation of any public reservation by following the notice and public hearing process established in subsection (a). The hearing shall be held before the city governing body.

History: R.S. 1923, § 12-504; L. 1963, ch. 72, § 1; L. 1967, ch. 82, § 1; L. 1984, ch. 65, § 3; L. 1997, ch. 147, § 1; L. 2021, ch. 44, § 3; July 1.

Notes of Decisions

Cited in 3 cases, 1939–1990 · leading case: Bd. of Riley Cnty. Comm'rs v. City of Junction City, 667 P.2d 868 (Kan. 1983).

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Bd. of Riley Cnty. Comm'rs v. City of Junction City, 667 P.2d 868 (Kan. 1983). · cites it 2× “Defendant conceded, however, that no de-annexation proceeding had ever been had pursuant to K.S.A. 12-504. In the district court, the plaintiffs contended that ordinance S-2290 was wholly invalid for three reasons: (1) The ordinance was not enacted in compliance with K.”

Atchison & E. Bridge Co. v. Bd. of Cnty. Commissioners, 91 P.2d 34 (Kan. 1939). · cites it 4× “Where land included within the city boundaries is to be vacated and excluded therefrom, the procedure is set forth in section 12-504 and the succeeding sections.”

Garber Enter., Inc. v. City of Lawrence, 798 P.2d 946 (Kan. Ct. App. 1990). · cites it 4× “The City set a hearing date and published a notice of hearing pursuant to K.S.A. 1989 Supp. 12-504. Garber owned all the lots in a subdivision directly west of Wagon Wheel Drive.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.