Kansas Statutes Annotated

K.S.A. § 12-519 (2026)

Definitions

✓ current as of May 2026

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12-519. Definitions. As used in this act: (a) "Tract" means a single unit of real property under one ownership, outside the corporate limits of a city, which may be platted or unplatted, title to which is publicly or privately held by an owner as defined by subsection (c).

(b) "Land" means a part of a tract or one or more tracts.

(c) "Owner" means the one who has record title to a tract. In the event two or more persons have record title to a tract, "owner" shall be defined as follows: (1) If joint tenants, "owner" means a majority of the number of joint tenants; (2) if tenants in common, "owner" means both a majority of the number of tenants in common and the holders of a majority of the undivided interests in the tract; (3) if the tract is held by a life tenant and a remainderman, "owner" means the life tenant; (4) if the tract is held by a tenant under a recorded lease providing for a lease term of 10 years or longer and a remainderman, "owner" means both such tenant and remainderman; (5) if one holds title to the surface and another holds title to the minerals, "owner" means the surface title holder.

(d) "Adjoins" means to lie upon or touch (1) the city boundary line; or (2) a highway, railway or watercourse which lies upon the city boundary line and separates such city and the land sought to be annexed by only the width of such highway, railway or watercourse.

(e) "Platted" means a tract or tracts mapped or drawn to scale, showing a division or divisions thereof, which map or drawing is filed in the office of the register of deeds by the owner of such tract.

(f) "Land devoted to agricultural use" means land which is devoted to the production of plants, animals or horticultural products, including but not limited to: Forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products. Land devoted to agricultural use shall not include those lands which are used for recreational purposes, suburban residential acreages, rural home sites or farm home sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition.

(g) "Qualified elector" means any owner of land, as defined under this section, within the area proposed to be annexed under the provisions of K.S.A. 12-521, and amendments thereto.

(h) "Area proposed to be annexed" means the area approved for annexation by the board of county commissioners under provisions of K.S.A. 12-521, and amendments thereto.

(i) "Watercourse" means a natural or manmade course where water may flow on a regular or intermittent basis; a watercourse shall not include a natural or manmade lake, pond or other impoundment of five or more acres of surface area.

History: L. 1967, ch. 98, § 1; L. 1974, ch. 56, § 1; L. 1987, ch. 66, § 1; L. 2011, ch. 101, § 5; June 2.

Notes of Decisions

Cited in 23 cases, 1974–2013 · leading case: City of Lenexa v. City of Olathe, 660 P.2d 1368 (Kan. 1983).

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City of Lenexa v. City of Olathe, 660 P.2d 1368 (Kan. 1983). · cites it 4× “) Appellant first argues the trial court erred in holding Olathe had substantially complied with K.S.A. 12-519 et seq. in annexing tract IB.”

Crumbaker v. Hunt Midwest Mining, Inc., 69 P.3d 601 (Kan. 2003). · cites it 3× “Nevertheless, Hunt Midwest contends that the absence of any zoning prohibition in our annexation statutes, K.S.A. 12-519 et seq., provides implicit authority to change land uses through annexation agreements as well.”

Waste Connections of Kansas, Inc. v. Ritchie Corp., 298 P.3d 250 (Kan. 2013). “In consideration for the increased payments, Ritchie agreed not to file a petition for annexation or consent to annexation by the City of Wichita with respect to adjacent property and agreed to exert its best efforts to maintain use of the adjacent property as “Land Devoted to…”

Bd. of Riley Cnty. Comm'rs v. City of Junction City, 667 P.2d 868 (Kan. 1983). · cites it 4× “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.S.A. 12-519 et seq.; (2) The hearing at which the ordinance passed violated K.”

Bunge Milling, Inc. v. City of Atchison, 310 P.3d 1065 (Kan. Ct. App. 2013). · cites it 7× “As the City would only have had the authority to annex Bunge’s property if the owners had filed the survey under K.S.A. 12-519(e), the filing of a boundary survey by Bunge’s agent would meet this requirement.”

Genesis Health Club, Inc. v. City of Wichita, 181 P.3d 549 (Kan. 2008). “, K.S.A. 12-519 et seq.” 275 Kan. at 884 . Accordingly, like zoning and the Act, “[f]or a city to alter its boundaries by annexation, it must follow Kansas statutes.”

In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007). · cites it 2× “2d 1368 (1983), which involved a determination of whether a municipality had substantially complied with the annexation statutes, K.S.A. 12-519 et seq. The municipality had followed all of the general procedural requirements of the statutes but had mistakenly publicized that it…”

City of Leawood v. City of Overland Park, 777 P.2d 830 (Kan. 1989). · cites it 4× “" K.S.A. 1988 Supp. 12-519(b). Adjoins means "to lie upon or touch.”

In Re Petition of City of Overland Park for Annexation, 736 P.2d 923 (Kan. 1987). · cites it 2× “The first time K.S.A. 12-519 et seq. were considered by this court was in State, ex rel.”

City of Lenexa v. City of Olathe, 620 P.2d 1153 (Kan. 1980). · cites it 2× “The most recent legislation in this area was adopted in 1974 (K.S.A. 12-519 et seq.). There the legislature adopted a statutory scheme for the annexation of land by cities, which the courts of this state are bound to recognize and follow.”

City of Wichita v. Bd. of Sedgwick Cnty. Comm'rs, 652 P.2d 717 (Kan. 1982). · cites it 2× “At the time of the argument of this appeal, we were advised Bel Aire and Wichita are now contiguous due to unilateral annexation proceedings by the City of Wichita under K.S.A. 12-519 et seq. K.S.A. 15-121 sets forth certain factors which are to be considered by a board of…”

Cedar Creek Props., Inc. v. Bd. of Cnty. Commissioners, 815 P.2d 492 (Kan. 1991). · cites it 2× “The committee described the structure of the new act: "The bill would repeal all existing special annexation laws and would amend K.S.A. 1973 Supp. 12-519 et seq. in the following ways.”

Show all 23 citing cases →

— K.S.A. § 12-519(b) — 2 cases

City of Leawood v. City of Overland Park, 777 P.2d 830 (Kan. 1989). “" K.S.A. 1988 Supp. 12-519(b). Adjoins means "to lie upon or touch.”

In Re Petition of City of Overland Park for Annexation, 736 P.2d 923 (Kan. 1987). “The first time K.S.A. 12-519 et seq. were considered by this court was in State, ex rel.”

— K.S.A. § 12-519(c) — 1 case

Cedar Creek Props., Inc. v. Bd. of Cnty. Commissioners, 789 P.2d 1170 (Kan. 1990).

— K.S.A. § 12-519(d) — 6 cases

City of Lenexa v. City of Olathe, 660 P.2d 1368 (Kan. 1983). “) Appellant first argues the trial court erred in holding Olathe had substantially complied with K.S.A. 12-519 et seq. in annexing tract IB.”

City of Leawood v. City of Overland Park, 777 P.2d 830 (Kan. 1989). “" K.S.A. 1988 Supp. 12-519(b). Adjoins means "to lie upon or touch.”

City of Lenexa v. City of Olathe, 620 P.2d 1153 (Kan. 1980). “The most recent legislation in this area was adopted in 1974 (K.S.A. 12-519 et seq.). There the legislature adopted a statutory scheme for the annexation of land by cities, which the courts of this state are bound to recognize and follow.”

Banzer v. City of Wichita, 703 P.2d 812 (Kan. 1985).

Bd. of Cnty. Commissioners v. City of Mulvane, 227 P.3d 997 (Kan. Ct. App. 2010).

— K.S.A. § 12-519(d)(1) — 1 case

Bd. v. City of Mulvane, 227 P.3d 997 (Kan. Ct. App. 2010).

— K.S.A. § 12-519(d)(l) — 1 case

Bd. of Cnty. Commissioners v. City of Mulvane, 227 P.3d 997 (Kan. Ct. App. 2010).

— K.S.A. § 12-519(e) — 1 case

Bunge Milling, Inc. v. City of Atchison, 310 P.3d 1065 (Kan. Ct. App. 2013). “As the City would only have had the authority to annex Bunge’s property if the owners had filed the survey under K.S.A. 12-519(e), the filing of a boundary survey by Bunge’s agent would meet this requirement.”

— K.S.A. § 12-519(f) — 1 case

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