12-523.
Effective dates of annexation; exceptions.
Annexation ordinances of cities shall take effect on publication as provided by law, except that any annexation ordinance published within 60 days before any election specified in this section shall become effective on the day following such election, unless such day is also within 60 days before any election specified in this section in which case such ordinance shall become effective on the day following the last such election. Elections to which this section shall apply are: (1) Primary and general election of state, county and national officers, and (2) primary and general city elections, and (3) primary and general school elections. The provisions of this section shall not apply to any special election.
History:
L. 1967, ch. 98, § 5; L. 2003, ch. 112, § 8; July 1.
Notes of Decisions
City of Lenexa v. City of Olathe, 660 P.2d 1368 (Kan. 1983).
· cites it 5× “” K.S.A. 12-523 provides annexation ordinances shall take effect “on publication as provided by law.”
In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007).
· cites it 4× “If that were the only objective the publication requirement in K.S.A. 12-523 would be redundant. However, the publication requirement is there.”
Cedar Creek Props., Inc. v. Bd. of Cnty. Commissioners, 815 P.2d 492 (Kan. 1991).
· cites it 8× “" In the City of Lenexa case there was a defect in the publication notice under K.S.A. 12-523 at issue. We held: "If that were the only objective the publication requirement in K.”
Dillon Real Est. Co. v. City of Topeka, 163 P.3d 298 (Kan. 2007).
“12-536, so that the statute contracts 12-520(c) and effectively states: “The provisions of this act shall [only] be applicable to any annexation made without the written consent of or petition by the landowners and which is not completed before the effective date of this act.”
City of Lenexa v. City of Olathe, 620 P.2d 1153 (Kan. 1980).
“The annexation became effective on publication under K.S.A. 12-523. The second tract of land was annexed by ordinance on June 5, 1979, which ordinance was published on June 6, 1979.”
Grandon v. City of Hutchinson, 636 P.2d 205 (Kan. Ct. App. 1981).
· cites it 2× “The annexation became effective on publication under K.S.A. 12-523. The second tract of land was annexed by ordinance on June 5, 1979, which ordinance was published on June 6, 1979.”
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