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

K.S.A. § 12-6a02 (2026)

Same; special assessments; work or improvements authorized

✓ current as of May 2026
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12-6a02. Same; special assessments; work or improvements authorized. As a complete alternative to all other methods provided by law, the governing body of any city is hereby authorized to make, or cause to be made, municipal works or improvements which confer a special benefit upon property within a definable area of the city and may levy and collect special assessments upon property in the area deemed by the governing body to be benefited by such improvement for special benefits conferred upon such property by any such municipal work or improvement and to provide for the payment of all or any part of the cost of the work or improvement out of the proceeds of such special assessments as hereinafter provided. Such work or improvements may include the following without limitation because of enumeration:

(a) Acquisition of (1) property or interest in property when necessary for any of the purposes authorized by this act and (2) any improvement authorized to be constructed under this act.

(b) To open, widen and extend streets and otherwise to improve paving and other surfacing, gutters, curbs, sidewalks, crosswalks, driveway entrances and structures, drainage works incidental thereto, and service connections from sewer, water, gas and other utility mains, conduits or pipes necessarily lying within curb lines.

(c) To improve main and lateral storm water drains and sanitary sewer systems and appurtenances thereto.

(d) To improve street lights and street lighting systems.

(e) To improve waterworks systems owned by the city and water distribution systems owned and operated by a water district established pursuant to K.S.A. 19-3501 et seq., and amendments thereto.

(f) To improve parks, playgrounds and recreational facilities.

(g) To improve any street or other facility by landscaping, planting of trees, shrubs and other perennial plants.

(h) To improve dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto.

(i) To improve vehicle and pedestrian bridges, overpasses and tunnels.

(j) To improve retaining walls and area walls on public ways or land abutting thereon.

(k) To improve property for off-street parking facilities including construction and equipment of buildings thereon for such purpose.

(l) Asbestos control projects and lead control projects.

History: L. 1957, ch. 99, § 2; L. 1959, ch. 72, § 1; L. 1996, ch. 231, § 8; L. 1998, ch. 45, § 1; L. 2007, ch. 171, § 3; May 17.

Notes of Decisions
Cited in 9 cases, 1974–2005 · 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 10× “K.S.A. 12-6a02 provides in pertinent part: “As a complete alternative to all other methods provided by law, the governing body of any city is hereby authorized to make, or cause to be made, municipal works or improvements which confer a special benefit upon property within a…”
Davies v. City of Lawrence, 545 P.2d 1115 (Kan. 1976). · cites it 3× “City of Topeka, supra: “The 1957 Act, under the provisions of section 12-6a02 coupled with the definitions set forth in 12-6a01, grants broad authority for undertaking all types of municipal improvements initiated either by petition or by a resolution of the city governing body…”
Bd. of Educ. of Unified Sch. Dist. No. 345 v. City of Topeka, 522 P.2d 982 (Kan. 1974). · cites it 4× “Obviously, with respect to procedure the Act is intended to be complete within itself.”
Bauer v. City of Olathe, 894 P.2d 823 (Kan. 1995). · cites it 3× “The Bauers and Olathe add their views and authorities to those discussed in Davis for and against the district court’s conclusion tiiat an improvement which is for the primaiy benefit of the city as a whole does not confer special benefit on property within a definable area…”
Mallon v. City of Emporia, 726 P.2d 1354 (Kan. Ct. App. 1986). · cites it 2× “The second T-intersection is where the long cul-de-sac formed another T-intersection with the short cul-de-sac. The landowners cite no cases that require the governing body to adhere to adopted policies when contravention of the policy is not in violation of the state statutes.”
Madden v. Governing Body of Lenexa, 721 P.2d 261 (Kan. 1986). · cites it 2× “K.S.A. 12-6a02, as a complete alternative to all other methods provided by law, allows the governing body of any city to provide municipal works or improvements which confer a special benefit upon property within a definable area of the city.”
Garvey Elevators, Inc. v. City of Wichita, 714 P.2d 956 (Kan. 1986). “” K.S.A. 12-6a02. The assessments are levied against property in an improvement district, which is defined as “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.”
Bloom v. City of Oakley, 104 P.3d 1007 (Kan. Ct. App. 2005). “While the improvements were being made, the City annexed Madden’s property. After the work was completed, Lenexa assessed the costs against the property owners in the benefit district, including Madden.”
Attorney Gen. Opinion No. (Kan. Att'y Gen. 1998). “K.S.A. 1997 Supp. 12-6a02 authorizes a city governing body to provide municipal improvements which confer a special benefit upon property within a definable area of a city.”
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