Acquisition of property; eminent domain, procedure; transfer by developer subject to approval by governing body

12-1773. Acquisition of property; eminent domain, procedure; transfer by developer subject to approval by governing body. (a) Any city which has adopted a redevelopment project plan in accordance with the provisions of this act may purchase or otherwise acquire real property in connection with such project plan. Upon a ⅔ vote of the members of the governing body thereof a city may acquire by condemnation any interest in real property, including a fee simple title thereto, which it deems necessary for or in connection with any project plan of an area located within the redevelopment district; however, eminent domain may be used only as authorized by K.S.A. 26-501b, and amendments thereto. (b) No city shall exercise such eminent domain power to acquire real property in a conservation area. (c) Any such city may exercise the power of eminent domain in the manner provided by K.S.A. 26-501 et seq., and amendments thereto. (d) Any transfer by the developer of real property acquired pursuant to this section shall be valid only if approved by a ⅔ majority vote of the members of the governing body. History: L. 1976, ch. 69, § 4; L. 1979, ch. 52, § 4; L. 1980, ch. 68, § 3; L. 1982, ch. 75, § 9; L. 1984, ch. 74, § 4; L. 1988, ch. 78, § 4; L. 1996, ch. 228, § 4; L. 1997, ch. 93, § 1; L. 1998, ch. 17, § 5; L. 2001, ch. 103, § 8; L. 2004, ch. 183, § 3; L. 2005, ch. 132, § 5; L. 2006, ch. 201, § 5; L. 2007, ch. 179, § 25; July 1. Revisor's Note: Section was also amended by L. 2006, ch. 192, § 3, but that version was repealed by L. 2007, ch. 195, § 59. Cross References to Related Sections: Eminent domain, see 26-501. Attorney General's Opinions: Initiative and referendum ordinances; bid procedure for sale of city-owned property to highest bidder. 95-42. Redevelopment of central business district; relocation assistance plan. 95-103. City may reimburse redevelopment project costs incurred prior to time redevelopment district was created. 2004-2. Discusses use of STAR bonds to pay costs of constructing a building in redevelopment district. 2004-6. STAR bond proceeds available to finance only real property. 2004-24. Use of STAR bonds for redevelopment; business may lease back to governmental unit excess land. 2005-14. CASE ANNOTATIONS 1. Fifth amendment does not prohibit condemning authority from paying amount exceeding what is determined just compensation. State ex rel. Tomasic v. Unified Gov't of Wyandotte County/Kansas City, 265 Kan. 779, 786, 799, 962 P.2d 543 (1998).