Kansas Statutes Annotated

K.S.A. § 15-123 (2026)

Same; consideration of matter after hearing; denial of petition, when; order; unanimous vote for incorporation, when; election of city officers, procedure

✓ current as of May 2026

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15-123. Same; consideration of matter after hearing; denial of petition, when; order; unanimous vote for incorporation, when; election of city officers, procedure. After the hearing has been adjourned sine die, the board or joint board of county commissioners shall consider the matter. It may request the director of the division of community development of the department of economic development to make a study of the general area in which the territory is located, information in possession of the county board and other sources, and render an opinion as to the advisability of the proposed incorporation. The petition for incorporation shall be denied if it is determined that present or future annexation to an adjacent city, or the creation of an authorized special service district, or districts, would better serve the interest of the area or that the proposed incorporation would be otherwise contrary to the public interest. If the board or joint board determines that the territory should not be incorporated, it shall make an order so stating. In addition to other requirements, if any of the territory wholly within one county is within five miles of an existing city, the territory shall not be incorporated except by the unanimous vote of the commissioners. If the board or joint board determines that the territory should be incorporated, it shall prepare an order or joint order incorporating the territory as a city by the name of "the city of ______________" as stated in the petition and describing the metes and bounds thereof. When the order has been adopted, the inhabitants within such bounds and such further territory as from time to time may be lawfully added thereto shall be a body politic and corporate by that name, and they and their successors (except such corporation be lawfully dissolved) shall have perpetual succession. The order shall be adopted at the next regular meeting of the board. Where two counties are involved, the board of each county shall adopt the joint order at its next regular meeting and not less than two commissioners of each county shall vote in favor thereof, except that in addition to other requirements, if any of the territory is within five miles of an existing city, the territory shall not be incorporated except by the unanimous vote of the commissioners of each county involved. The order or joint order so incorporating the city shall order the first election in the city for city officers. The order or joint order shall be entered at length upon the journal of the proceedings of the board or boards of county commissioners and shall be published once in some newspaper printed or in general circulation in the city at least one week before the city election. Nomination papers for candidates for city office shall be filed with the county election officer of the county where the petition for incorporation was filed and the county election officer shall conduct such election.

History: L. 1963, ch. 509, § 9; L. 1965, ch. 143, § 1; L. 1968, ch. 274, § 43; L. 1985, ch. 256, § 5; July 1.

Notes of Decisions

Cited in 4 cases, 1982–1993 · leading case: In Re Incorporation as a City of the Third Class, 736 P.2d 875 (Kan. 1987).

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In Re Incorporation as a City of the Third Class, 736 P.2d 875 (Kan. 1987). · cites it 7× “As the area sought to be incorporated lies within five miles of the city limits of Topeka, a unanimous decision by the Board was required under K.S.A. 1986 Supp. 15-123. On appeal to the district court, the City of Topeka was allowed to intervene.”

City of Wichita v. Bd. of Sedgwick Cnty. Comm'rs, 652 P.2d 717 (Kan. 1982). · cites it 4× “" *157 K.S.A. 15-123 provides in part: "After the hearing has been adjourned sine die, the board or joint board of county commissioners shall consider the matter.”

Umbehr v. Bd. of Wabaunsee Cnty. Comm'rs, 843 P.2d 176 (Kan. 1992). “In City of Wichita , we observed that K.S.A. 15-123 directs that incorporation shall be denied if certain conditions are found *35 to exist, but lacking such a determination, the advisability of incorporation is left to the legislative wisdom of the Board.”

In re City of Kansas City, 856 P.2d 144 (1993). · cites it 2× “The applicable statute, K.S.A. 15-123, requires a unanimous vote if the territory proposed for incorporation is wholly within one county and is within five miles of an existing city.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.