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Kansas Statutes Annotated

K.S.A. § 12-741 (2026)

Planning and zoning in cities and counties; authorization

✓ current as of May 2026
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12-741. Planning and zoning in cities and counties; authorization. (a) This act is enabling legislation for the enactment of planning and zoning laws and regulations by cities and counties for the protection of the public health, safety and welfare, and is not intended to prevent the enactment or enforcement of additional laws and regulations on the same subject which are not in conflict with the provisions of this act.

(b) The provisions of this section shall become effective on and after January 1, 1992.

History: L. 1991, ch. 56, § 1; July 1.

Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 1994–2025 · leading case: Crumbaker v. Hunt Midwest Mining, Inc., 69 P.3d 601 (Kan. 2003).
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Crumbaker v. Hunt Midwest Mining, Inc., 69 P.3d 601 (Kan. 2003). · cites it 10× “The district court granted summary judgment to the landowners, holding that the Agreement changed the land use without following the procedures established in the Kansas planning and zoning statutes at K.S.A. 12-741 et seq., and in the City’s own zoning regulations.”
Manly v. City of Shawnee, 194 P.3d 1 (Kan. 2008). · cites it 2× “K.S.A. 12-741 et seq. was enacted in 1991.”
MSW, INC. v. Marion Cnty. Bd. of Zoning Appeals, 24 P.3d 175 (Kan. Ct. App. 2001). · cites it 3× “The planning and zoning powers of Kansas municipalities are derived from the grant contained in K.S.A. 12-741 et seq. *149 Pursuant to K.”
Genesis Health Club, Inc. v. City of Wichita, 181 P.3d 549 (Kan. 2008). “Just as the Rauh court held that the Act was complete and comprehensive for cities desiring to issue IRBs and grant ad valorem tax abatements, “the planning and zoning power of a municipality is derived solely from the grant contained in K.”
Home Builders Ass'n v. City of Overland Park, 921 P.2d 234 (Kan. Ct. App. 1996). · cites it 2× “K.S.A. 12-741 et seq. and substantive due process law HBA contends the City’s “excise tax ordinances foist a condition on plat approval that is neither contemplated nor condoned by K.”
Bd. of Johnson Cnty. Comm'rs v. City of Olathe, 952 P.2d 1302 (Kan. 1998). “K.S.A. 12-741 et seq. addresses planning, zoning and subdivision regulations in cities and counties.”
Bd. of Cnty. Commissioners v. Smith, 123 P.3d 1271 (Kan. 2005). “The Court’s ruling that property was at the time of the taking zoned R-l is a conclusion of law which required consideration of K.S.A. 12-741 et seq. and K.S.A. 3-301 et seq.”
Weber v. Bd. of Cnty. Commissioners, 884 P.2d 1159 (Kan. Ct. App. 1994). · cites it 2× “We hold that raising and keeping greyhounds for racing or sale is not an agricultural use of the land and is subject to the zoning authority of K.S.A. 12-741 et seq. Reversed.”
Rau v. City of Garden Plain, 76 F. Supp. 2d 1173 (D. Kan. 1999). · cites it 2× “§ 12-759 Kan.Stat.Ann. §§ 12-741 to 12-768 sets forth the procedures and authorization for planning, zoning and subdivision regulations in cities and counties.”
Austin Props. v. City of Shawnee, 564 P.3d 1262 (Kan. 2025). · cites it 5× “On January 15, 2020, Austin Properties filed a petition for judicial review of the city council's decision under K.S.A. 12-741 et seq., the Planning, Zoning, and Subdivision Regulations in Cities and Counties Act.”
City of Topeka v. Bd. of Cnty. Commissioners, 89 P.3d 924 (Kan. 2004). · cites it 19× “The City prepared the journal entry, and it was approved by the other parties *875 before being signed by the district court.”
Seward Cnty. ex rel. Seward Cnty. Bd. of Commissioners v. Navarro, 133 P.3d 1283 (Kan. Ct. App. 2006). “K.S.A. 12-741(a). However, this authority shall not apply to the use of land for agricultural purposes or to buildings erected on the land for agricultural purposes.”
Show all 20 citing cases →
— K.S.A. § 12-741(a) — 8 cases
Crumbaker v. Hunt Midwest Mining, Inc., 69 P.3d 601 (Kan. 2003). “The district court granted summary judgment to the landowners, holding that the Agreement changed the land use without following the procedures established in the Kansas planning and zoning statutes at K.S.A. 12-741 et seq., and in the City’s own zoning regulations.”
MSW, INC. v. Marion Cnty. Bd. of Zoning Appeals, 24 P.3d 175 (Kan. Ct. App. 2001). “The planning and zoning powers of Kansas municipalities are derived from the grant contained in K.S.A. 12-741 et seq. *149 Pursuant to K.”
Weber v. Bd. of Cnty. Commissioners, 884 P.2d 1159 (Kan. Ct. App. 1994). “We hold that raising and keeping greyhounds for racing or sale is not an agricultural use of the land and is subject to the zoning authority of K.S.A. 12-741 et seq. Reversed.”
Seward Cnty. ex rel. Seward Cnty. Bd. of Commissioners v. Navarro, 133 P.3d 1283 (Kan. Ct. App. 2006). “K.S.A. 12-741(a). However, this authority shall not apply to the use of land for agricultural purposes or to buildings erected on the land for agricultural purposes.”
Austin Props. v. City of Shawnee, Kansas, 547 P.3d 531 (Kan. Ct. App. 2024).
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