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Kansas Statutes Annotated

K.S.A. § 12-6a01 (2026)

Procedures for certain improvements and for financing costs; definitions

✓ current as of May 2026
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12-6a01. Procedures for certain improvements and for financing costs; definitions. For the purpose of this act, the terms defined in this section shall have the meanings ascribed to them as follows:

(a) "Improvement" means any type of improvement made under authority of this act and the singular may include the plural, and includes reimprovement of a prior improvement.

(b) "To improve" means to construct, reconstruct, maintain, restore, replace, renew, repair, install, equip, extend or to otherwise perform any work which will provide a new facility or enhance, extend or restore the value or utility of an existing facility.

(c) "Acquire" means the acquisition of property or interests in property by purchase, gift, condemnation or other lawful means, including improvements authorized to be constructed under this act, and may include the acquisition of existing property and improvements already owned by the city and previously financed by the issuance of revenue bonds, such acquisition to constitute a refunding of such revenue bonds and no additional refunding authority shall be required but nothing herein shall be construed to require a holder of any such revenue bonds to surrender bonds for refunding unless the provisions of such bonds allow the redemption thereof.

(d) "Cost" means all costs necessarily incurred for the preparation of preliminary reports, the preparation of plans and specifications, the preparation and publication of notices of hearings, resolutions, ordinances and other proceedings, necessary fees and expenses of consultants and interest accrued on borrowed money during the period of construction together with the cost of land, materials, labor and other lawful expenses incurred in planning and doing any improvement and may include a charge of not to exceed 5% of the total cost of an improvement or the cost of work done by the city to reimburse the city for the services rendered by the city in the administration and supervision of such improvement by its general officers, any necessary reserves and where property and improvements already owned by the city and previously financed by the issuance of revenue bonds is acquired the cost shall include not to exceed the principal amount of such outstanding revenue bonds plus the amount of matured interest, interest maturing within 90 days, and the amount of any call premium or purchase premium required.

(e) "Consultant" means engineers, architects, planners, attorneys and other persons deemed competent to advise and assist the governing body in planning and making of improvements.

(f) "Improvement district" means:

(1) An area deemed by the governing body to be benefited by an improvement and subject to special assessment for all or a portion of the cost of the improvement; or

(2) an area described in a petition submitted in accordance with subsection (c) or (d) of K.S.A. 12-6a04, and amendments thereto, and subject to a special assessment for all or a portion of the cost of the improvement.

(g) "Street" means street, alley, avenue, boulevard, or other public way or any part thereof.

(h) "Newspaper" means the official designated newspaper of the city, or if there is no newspaper published therein or no official newspaper, a newspaper of general circulation in the city authorized to publish legal notices.

(i) "Asbestos" means the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite and actinolite.

(j) "Asbestos-containing material" means any material or product which contains more than 1% asbestos.

(k) "Asbestos control project" means any activity which is necessary or incidental to the control of asbestos-containing material in any municipally owned building or privately owned building, which has been declared by the governing body to be for a public purpose and a benefit to the general health, safety and welfare or to the general economic development of the area within * such privately owned buildings are located. Such project shall include, but not by way of limitation, any activity undertaken for:

(1) The removal or encapsulation of asbestos-containing material;

(2) any remodeling, renovation, replacement, rehabilitation or other restoration necessitated by such removal or encapsulation;

(3) conducting inspections, reinspections and periodic surveillance of buildings;

(4) performing response actions;

(5) developing, implementing and updating operations and maintenance programs and management plans; and

(6) all preparation, cleanup, disposal and postabatement clearance testing measures associated with such activities.

(l) "Lead control project" means any activity which is necessary or incidental to the control of any lead hazard in any municipally owned building or privately owned building, which has been declared by the governing body to be for a public purpose and a benefit to the general health, safety and welfare or to the general economic development of the area within * such privately owned buildings are located. Such project shall include, but not by way of limitation, any activity undertaken for:

(1) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil;

(2) any remodeling, renovation, replacement, rehabilitation or other restoration necessitated by such removal or encapsulation;

(3) conducting inspections, reinspections and periodic surveillance of buildings;

(4) performing response actions;

(5) developing, implementing and updating operations and maintenance programs and management plans; and

(6) all preparation, cleanup, disposal and postabatement clearance testing measures associated with such activities.

(m) "Lead hazard" means any condition which causes exposure to lead that would result in adverse human health effects.

(n) "Bonds" means general obligation bonds or special obligation bonds.

History: L. 1957, ch. 99, § 1; L. 1968, ch. 408, § 1; L. 1996, ch. 231, § 7; L. 2003, ch. 120, § 1; L. 2007, ch. 171, § 2; May 17.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1971–2022 · leading case: Davis v. City of Leawood, 893 P.2d 233 (Kan. 1995).
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Davis v. City of Leawood, 893 P.2d 233 (Kan. 1995). · cites it 8× “, (Hallbrook) pursuant to K.S.A. 12-6a01 et seq., filed a petition with Leawood for the improvement of State Line Road from approximately 112th Terrace to 119th Street.”
Bauer v. City of Olathe, 894 P.2d 823 (Kan. 1995). · cites it 9× “The resolution accepted the petition which had been filed by a majority of landowners within the proposed improvement district pursuant to K.S.A. 12-6a01 et seq. The Bauers did not sign the petition.”
McCarthy v. City of Leawood, 894 P.2d 836 (Kan. 1995). “Leawood projects that 40% of the trips on the improved K-150 will be generated by new development in the K-150 Corridor.”
Mallon v. City of Emporia, 726 P.2d 1354 (Kan. Ct. App. 1986). · cites it 3× “Pursuant to the General Improvement and Assessment Law, K.S.A. 12-6a01 et seq., the governing body is authorized to levy special assessments against property in the improvement district based upon the cost of the improvement and the apportionment of that cost between the city at…”
Home Builders Ass'n v. City of Overland Park, 921 P.2d 234 (Kan. Ct. App. 1996). “In addition to these escrow charges and right-of-way dedication requirements to persons platting property, the City relied on the General Improvement and Assessment Law, K.S.A. 12-6a01 et seq., as an alternative means to help finance thoroughfare improvements for unplatted…”
State High. Comm'n v. Lee, 485 P.2d 310 (Kan. 1971). “K.S.A. 12-6a01, et seq., provides statutory authority for the formation of these special benefit districts.”
Whitehead v. City of Fredonia, 673 P.2d 125 (Kan. Ct. App. 1983). · cites it 2× “The city here undertook to establish the sewer improvement district under the general improvement and assessment law (K.S.A. 12-6a01 et seq.), which provides a method of determining benefits accruing to property from municipal improvements and of levying special assessments…”
Madden v. Governing Body of Lenexa, 721 P.2d 261 (Kan. 1986). · cites it 4× “: The City of Lenexa, pursuant to K.S.A. 12-6a01 et seq., created an improvement district which included the plaintiffs’ land located outside the city limits.”
Murray v. State, Dep't of Transp., 716 P.2d 540 (Kan. 1986). “” Clearly this was a taking for more than street purposes even if, as it is argued, the term “controlled access highway” is within the definition of “street” set forth in K.S.A. 12-6a01(g). We conclude taking fee simple title to the property was not unlawful.”
State v. Stakes, 608 P.2d 997 (Kan. 1980). “00, were issued pursuant to K.S.A. 12-6a01 et seq., and from the proceeds of those temporary notes Wilbur S.”
Garvey Elevators, Inc. v. City of Wichita, 714 P.2d 956 (Kan. 1986). · cites it 3× “34-669 in pursuance of K.S.A. 12-6a01, et seq. on September 14, 1976.”
Snodgrass v. City of Wichita, Kansas (Kan. Ct. App. 2022). · cites it 4× “PER CURIAM: After accepting a developer's petition to finance street, sewer, and water improvements for a housing development under K.S.A. 12-6a01 et seq., the City of Wichita levied special assessments against David L.”
Show all 17 citing cases →
K.S.A. § 12-6a01(b): 1 case
Garvey Elevators, Inc. v. City of Wichita, 714 P.2d 956 (Kan. 1986). “34-669 in pursuance of K.S.A. 12-6a01, et seq. on September 14, 1976.”
K.S.A. § 12-6a01(d): 3 cases
Mallon v. City of Emporia, 726 P.2d 1354 (Kan. Ct. App. 1986). “Pursuant to the General Improvement and Assessment Law, K.S.A. 12-6a01 et seq., the governing body is authorized to levy special assessments against property in the improvement district based upon the cost of the improvement and the apportionment of that cost between the city at…”
Home Builders Ass'n v. Johnson Cnty. Water Dist. No. 1, 914 P.2d 956 (Kan. Ct. App. 1995).
Snodgrass v. City of Wichita, Kansas (Kan. Ct. App. 2022). “PER CURIAM: After accepting a developer's petition to finance street, sewer, and water improvements for a housing development under K.S.A. 12-6a01 et seq., the City of Wichita levied special assessments against David L.”
K.S.A. § 12-6a01(f): 3 cases
Davis v. City of Leawood, 893 P.2d 233 (Kan. 1995). “, (Hallbrook) pursuant to K.S.A. 12-6a01 et seq., filed a petition with Leawood for the improvement of State Line Road from approximately 112th Terrace to 119th Street.”
Bauer v. City of Olathe, 894 P.2d 823 (Kan. 1995). “The resolution accepted the petition which had been filed by a majority of landowners within the proposed improvement district pursuant to K.S.A. 12-6a01 et seq. The Bauers did not sign the petition.”
Madden v. Governing Body of Lenexa, 721 P.2d 261 (Kan. 1986). “: The City of Lenexa, pursuant to K.S.A. 12-6a01 et seq., created an improvement district which included the plaintiffs’ land located outside the city limits.”
K.S.A. § 12-6a01(g): 1 case
Murray v. State, Dep't of Transp., 716 P.2d 540 (Kan. 1986). “” Clearly this was a taking for more than street purposes even if, as it is argued, the term “controlled access highway” is within the definition of “street” set forth in K.S.A. 12-6a01(g). We conclude taking fee simple title to the property was not unlawful.”
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