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

K.S.A. § 12-6a06 (2026)

Same; action by governing body; protests

✓ current as of May 2026
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12-6a06. Same; action by governing body; protests. The governing body may, by a majority vote of the entire members-elect, at any time within six months after the final adjournment of the hearing on the advisability of making the improvements, adopt a resolution authorizing the improvement in accordance with the finding of the governing body upon the advisability of the improvement, as provided in K.S.A. 12-6a04, and amendments thereto, which shall be effective upon publication once in the newspaper, except that the improvement shall not be commenced if, within 20 days after publication of the resolution ordering the improvement, written protests signed by both 51% or more of the resident owners of record of property within the improvement district and the owners of record of more than half of the total area of such district are filed with the city clerk. Whenever adjoining parallel streets have been improved, and the proceedings are to improve the intervening connecting street to the same extent as the streets to be connected, or when two portions of any street have been improved and an intervening portion not exceeding two blocks has not been improved, and the proceedings are to improve such intervening portion to the same extent as the improved portions, the improvement shall not be commenced if, within 30 days after publication of the resolution ordering the improvement, written protests are signed by both 75% of the resident owners of record of such property and the owners of record of 75% of the total area of such property are filed with the city clerk. When the proceedings are to improve sanitary and storm water sewers, no protest shall be accepted by the city clerk and such improvements may be made regardless of protests. The genuineness of the signature and addresses of all signers of each protest shall be verified by some signer of such protest. The governing body shall be judge of the sufficiency of any protest and its decision shall be final and conclusive, except that names may be withdrawn from any protests by the signers at any time before the governing body shall convene its meeting to determine the sufficiency thereof.

History: L. 1957, ch. 99, § 6; L. 1997, ch. 97, § 2; July 1.

Notes of Decisions
Cited in 5 cases, 1974–1998 · 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). “” Leawood authorized the improvement of State Line Road from approximately 112 Terrace to 119th Street pursuant to K.S.A. 12-6a06, which provides in pertinent part: “The governing body may, by a majority vote of the entire members-elect thereof, at any time within six (6) months…”
Bd. of Educ. of Unified Sch. Dist. No. 345 v. City of Topeka, 522 P.2d 982 (Kan. 1974). · cites it 2× “Section 12-6a06 provides for the procedure in adopting the resolution of authorization and prescribes the method for lodging protests.”
Smith v. City of Garden City, 635 P.2d 1271 (Kan. Ct. App. 1981). · cites it 6× “Within the twenty-day period established by K.S.A. 12-6a06 for the filing of protests, plaintiffs, as resident property owners, filed with the city clerk a petition protesting the formation of the proposed improvement district *827 and the assessment of the costs of such…”
Madden v. Governing Body of Lenexa, 721 P.2d 261 (Kan. 1986). “12-6al0’s right of a property owner to protest an assessment or reassessment of the cost of an improvement district is not the same as the owner’s right under K.S.A. 12-6a06 to protest against the creation of the improvement district.”
Attorney Gen. Opinion No. (Kan. Att'y Gen. 1998). “K.S.A. 1997 Supp. 12-6a06. The resolution is effective upon publication in the newspaper unless a protest petition is filed which, if successful, prevents the city from proceeding with the improvement.”
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