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 Revisor's Note: Section was also amended by L. 2006, ch. 192, § 3, but that version was repealed by L. 2007, ch. 195, § 59.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). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026