K.S.A. » Chapter 12
Kansas Statutes Annotated

K.S.A. § 12-520a (2026)

Resolution; hearing; notice; publication; sketch of area; criteria considered at hearing; consent, effect

✓ current as of May 2026
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12-520a. Resolution; hearing; notice; publication; sketch of area; criteria considered at hearing; consent, effect. (a) The governing body of any city desiring to annex land under the authority of K.S.A. 12-520, and amendments thereto, shall adopt a resolution stating that the city is considering the annexation of the land. The resolution shall:

(1) Give notice that a public hearing will be held to consider the annexation of the land and fix the date, hour and place of the public hearing. Unless the governing body of the city determines adequate facilities are not available, the public hearing shall be held at a site located in or as near as possible to the area proposed to be annexed. The hearing shall be held at the time determined by the governing body to be the most convenient for the greatest number of interested persons;

(2) describe the boundaries of the land proposed to be annexed; and

(3) state that the plan of the city for the extension of services to the area proposed to be annexed, which is required under the provisions of K.S.A. 12-520b, and amendments thereto, is available for inspection during regular office hours in the office of the city clerk.

(b) The date fixed for the public hearing shall be not less than 60 nor more than 70 days following the date of the adoption of the resolution fixing the date of the hearing.

(c) A copy of the resolution providing for the public hearing shall be mailed by certified mail to each owner of land proposed to be annexed not more than 10 days following the date of the adoption of the resolution. The resolution shall be published in the official newspaper of the city not less than one week and not more than two weeks preceding the date fixed for the public hearing. A sketch clearly delineating the area in such detail as may be necessary to advise the reader of the particular land proposed to be annexed shall be published with the resolution. A copy of such sketch also shall be mailed to the owner of the property with the resolution.

(d) A copy of the resolution providing for the public hearing shall be sent by certified mail not more than 10 days following the date of the adoption of the resolution to:

(1) The board of county commissioners;

(2) the governing body of the township where the land to be annexed is located;

(3) any special assessment district or governmental unit providing municipal services to the area proposed to be annexed including, but not limited to, sewer districts, rural water districts, fire districts or improvement districts;

(4) any utilities having facilities within the area proposed to be annexed;

(5) the governing body of any school district in the area proposed to be annexed;

(6) any city, county, township or joint planning commission having jurisdiction over the area proposed to be annexed; and

(7) any other political or taxing subdivision located within the area proposed to be annexed.

(e) At the public hearing, a representative of the city shall present the city's proposal for annexation, including the plan of the city for the extension of services to the area proposed to be annexed. Following the explanation, all interested persons shall be given an opportunity to be heard. The governing body may recess, for good cause shown, the hearing to a time and date certain, which shall be fixed in the presence of persons in attendance at the hearing.

At such hearing or at any continuation of such hearing, the city shall determine the advisability of the annexation. As a guide in determining the advisability of such annexation, the city shall consider the:

(1) Extent to which any of the area is land devoted to agricultural use;

(2) area of platted land relative to unplatted land;

(3) topography, natural boundaries, storm and sanitary sewers, drainage basins, transportation links or any other physical characteristics which may be an indication of the existence or absence of common interest of the city and the area proposed to be annexed;

(4) extent and age of residential development in the area to be annexed and adjacent land within the city's boundaries;

(5) present population in the area to be annexed and the projected population growth during the next five years in the area proposed to be annexed;

(6) extent of business, commercial and industrial development in the area;

(7) present cost, methods and adequacy of governmental services and regulatory controls in the area;

(8) proposed cost, extent and the necessity of governmental services to be provided by the city proposing annexation and the plan and schedule to extend such services;

(9) tax impact upon property in the city and the area;

(10) extent to which the residents of the area are directly or indirectly dependent upon the city for governmental services and for social, economic, employment, cultural and recreational opportunities and resources;

(11) effect of the proposed annexation on the city and other adjacent areas, including, but not limited to, other cities, sewer and water districts, improvement districts, townships or industrial districts and, subject to the provisions of K.S.A. 12-521a, and amendments thereto, fire districts;

(12) existing petitions for incorporation of the area as a new city or for the creation of a special district;

(13) likelihood of significant growth in the area and in adjacent areas during the next five years;

(14) effect of annexation upon the utilities providing services to the area and the ability of those utilities to provide those services shown in the detailed plan;

(15) economic impact on the area; and

(16) wasteful duplication of services.

(f) No resolution, notice and public hearing required under the provisions of this section shall be required as a prerequisite to the annexation of land owned by or held in trust for the city or any agency thereof or land all of the owners of which petition for or consent thereto in writing.

(g) Any resolution, adopted pursuant to this section, which includes territory subsequently incorporated pursuant to K.S.A. 15-115 et seq., and amendments thereto, shall be invalid.

History: L. 1974, ch. 56, § 2; L. 1984, ch. 66, § 1; L. 1987, ch. 66, § 3; L. 1993, ch. 147, § 2; L. 2005, ch. 155, § 2; July 1.

Notes of Decisions
Cited in 14 cases, 1977–2015 · leading case: Stueckemann v. City of Basehor, 348 P.3d 526 (Kan. 2015).
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Stueckemann v. City of Basehor, 348 P.3d 526 (Kan. 2015). · cites it 15× “The City published the annexation resolutions and a proper notice that it would hold a February 9,2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
United States v. City of Leavenworth, Kan., 443 F. Supp. 274 (D. Kan. 1977). · cites it 7× “12-520 shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the adoption of the resolution provided for in K.S.A. 12-520a, prepare a report setting forth such plans.”
Bd. of Cnty. Commissioners v. City of Park City, 204 P.3d 648 (Kan. Ct. App. 2009). · cites it 5× “The sole issue the Board raised in its motion was whether K.S.A. 2006 Supp. 12-520a(d)(6) and K.S.A.”
Bd. of Riley Cnty. Comm'rs v. City of Junction City, 667 P.2d 868 (Kan. 1983). · cites it 3× “No written notice of the proposed annexation, as required by K.S.A. 12-520a(c), was ever given other than to the government of the United States of America.”
Cedar Creek Props., Inc. v. Bd. of Cnty. Commissioners, 815 P.2d 492 (Kan. 1991). · cites it 2× “The new laws provided for the following: K.S.A. 1974 Supp. 12-520 provided for unilateral annexation of land if one of seven conditions was met.”
Dillon Real Est. Co. v. City of Topeka, 163 P.3d 298 (Kan. 2007). “12-520, we must disallow annexation based upon landowner consents under subsection (a)(7) of 12-520 and which, as here, take advantage of the lessened requirements under K.S.A. 12-520a(f), e.g., no public hearing.”
In Re Petition of City of Overland Park for Annexation, 736 P.2d 923 (Kan. 1987). “K.S.A. 1986 Supp. 12-520a When proceeding under 12-521, the city presents a petition to the board of county commissioners of the county where the land sought to be annexed is located.”
City of Lenexa v. City of Olathe, 620 P.2d 1153 (Kan. 1980). “12-520 shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the adoption of the resolution provided for in K.S.A. 12-520a, prepare a report setting forth such plans.”
Banzer v. City of Wichita, 703 P.2d 812 (Kan. 1985). “12-520a requires that prior to any proceedings to annex outlying property, the governing body of the city must adopt a resolution announcing its intention to consider the annexation of certain described property and giving notice of a public hearing to consider the proposed…”
Stueckemann v. City of Basehor (Kan. 2015). · cites it 14× “The City published the annexation resolutions and a proper notice that it would hold a February 9, 2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
Bd. of Johnson Cnty. Comm'rs v. City of Lenexa, 640 P.2d 1212 (Kan. 1982). “K.S.A. 12-520a and 12-520b set forth with particularity the procedure to be followed by the city in annexing land under the authority of K.”
Pishny v. Bd. of Cnty. Com'rs of Johnson, 277 P.3d 1170 (Kan. Ct. App. 2012). “” K.S.A. 12-520a(a)(3). And, when stating the City must prepare a report setting forth its plan for extension of services — -and the requirement that the report contain the estimated cost of providing services — Kansas statues refer to the area “proposed to be annexed.”
Show all 14 citing cases →
— K.S.A. § 12-520a(a)(1) — 1 case
Stueckemann v. City of Basehor (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9, 2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
— K.S.A. § 12-520a(a)(2) — 2 cases
Stueckemann v. City of Basehor, 348 P.3d 526 (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9,2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
Stueckemann v. City of Basehor (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9, 2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
— K.S.A. § 12-520a(a)(3) — 2 cases
Pishny v. Bd. of Cnty. Com'rs of Johnson, 277 P.3d 1170 (Kan. Ct. App. 2012). “” K.S.A. 12-520a(a)(3). And, when stating the City must prepare a report setting forth its plan for extension of services — -and the requirement that the report contain the estimated cost of providing services — Kansas statues refer to the area “proposed to be annexed.”
Pishny v. Bd. of Cnty. Commissioners, 277 P.3d 1170 (Kan. Ct. App. 2012).
— K.S.A. § 12-520a(a)(l) — 1 case
Stueckemann v. City of Basehor, 348 P.3d 526 (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9,2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
— K.S.A. § 12-520a(c) — 3 cases
Bd. of Riley Cnty. Comm'rs v. City of Junction City, 667 P.2d 868 (Kan. 1983). “No written notice of the proposed annexation, as required by K.S.A. 12-520a(c), was ever given other than to the government of the United States of America.”
Stueckemann v. City of Basehor, 348 P.3d 526 (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9,2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
Stueckemann v. City of Basehor (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9, 2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
— K.S.A. § 12-520a(d) — 1 case
United States v. City of Leavenworth, Kan., 443 F. Supp. 274 (D. Kan. 1977). “12-520 shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the adoption of the resolution provided for in K.S.A. 12-520a, prepare a report setting forth such plans.”
— K.S.A. § 12-520a(d)(6) — 1 case
Bd. of Cnty. Commissioners v. City of Park City, 204 P.3d 648 (Kan. Ct. App. 2009). “The sole issue the Board raised in its motion was whether K.S.A. 2006 Supp. 12-520a(d)(6) and K.S.A.”
— K.S.A. § 12-520a(e) — 2 cases
Stueckemann v. City of Basehor, 348 P.3d 526 (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9,2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
Stueckemann v. City of Basehor (Kan. 2015). “The City published the annexation resolutions and a proper notice that it would hold a February 9, 2009, public hearing regarding the proposed annexation as required by K.S.A. 2005 Supp. 12-520a. The published resolutions attached a sketch of the area subject to annexation…”
— K.S.A. § 12-520a(f) — 1 case
Dillon Real Est. Co. v. City of Topeka, 163 P.3d 298 (Kan. 2007). “12-520, we must disallow annexation based upon landowner consents under subsection (a)(7) of 12-520 and which, as here, take advantage of the lessened requirements under K.S.A. 12-520a(f), e.g., no public hearing.”
— K.S.A. § 12-520a(o) — 1 case
Bd. of Riley Cnty. Comm'rs v. City of Junction City, 667 P.2d 868 (Kan. 1983). “No written notice of the proposed annexation, as required by K.S.A. 12-520a(c), was ever given other than to the government of the United States of America.”
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