Same; special assessments; work or improvements authorized

12-6a02. Same; special assessments; work or improvements authorized. As a complete alternative to all other methods provided by law, the governing body of any city is hereby authorized to make, or cause to be made, municipal works or improvements which confer a special benefit upon property within a definable area of the city and may levy and collect special assessments upon property in the area deemed by the governing body to be benefited by such improvement for special benefits conferred upon such property by any such municipal work or improvement and to provide for the payment of all or any part of the cost of the work or improvement out of the proceeds of such special assessments as hereinafter provided. Such work or improvements may include the following without limitation because of enumeration: (a) Acquisition of (1) property or interest in property when necessary for any of the purposes authorized by this act and (2) any improvement authorized to be constructed under this act. (b) To open, widen and extend streets and otherwise to improve paving and other surfacing, gutters, curbs, sidewalks, crosswalks, driveway entrances and structures, drainage works incidental thereto, and service connections from sewer, water, gas and other utility mains, conduits or pipes necessarily lying within curb lines. (c) To improve main and lateral storm water drains and sanitary sewer systems and appurtenances thereto. (d) To improve street lights and street lighting systems. (e) To improve waterworks systems owned by the city and water distribution systems owned and operated by a water district established pursuant to K.S.A. 19-3501 et seq., and amendments thereto. (f) To improve parks, playgrounds and recreational facilities. (g) To improve any street or other facility by landscaping, planting of trees, shrubs and other perennial plants. (h) To improve dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto. (i) To improve vehicle and pedestrian bridges, overpasses and tunnels. (j) To improve retaining walls and area walls on public ways or land abutting thereon. (k) To improve property for off-street parking facilities including construction and equipment of buildings thereon for such purpose. (l) Asbestos control projects and lead control projects. History: L. 1957, ch. 99, § 2; L. 1959, ch. 72, § 1; L. 1996, ch. 231, § 8; L. 1998, ch. 45, § 1; L. 2007, ch. 171, § 3; May 17. Law Review and Bar Journal References: Special assessment plans in municipal corporations, 25 K.L.R. 286, 289 (1977). "The Kansas Tort Claims Act and School Districts," Susan C. Jacobson, 28 K.L.R. 619, 621 (1980). Attorney General's Opinions: Private ownership and maintenance of storm drainage improvement is not municipal work or improvement. 83-41. Special assessments; work or improvements authorized. 84-108. Water pollution act; stormwater utility fee; state-owned and operated facility. 93-32. Land to be included in improvement district; abutting property must be included, nonabutting may be included. 2000-13. CASE ANNOTATIONS 1. Act provides complete alternative for determination of benefits and assessments; no violation of due process or delegation of legislative authority. Giddings v. City of Pittsburg, 197 Kan. 777, 778, 781, 784, 421 P.2d 181. 2. Cited in holding arbitrary district created and assessment made; plaintiff's property not lawfully included in improvement district. Snyder Realty Co. v. City of Overland Park, 208 Kan. 273, 278, 492 P.2d 187. 3. Construed and applied; action to enjoin assessment under K.S.A. 12-6a08; evidence of one sale of property insufficient to establish arbitrary action. Board of Education v. City of Topeka, 214 Kan. 811, 813, 814, 522 P.2d 982. 4. Broad authority hereunder for undertaking all types of municipal improvements; city enjoined; arbitrary assessment of costs. Davies v. City of Lawrence, 218 Kan. 551, 556, 558, 545 P.2d 1115. 5. Cited; exclusion of urban renewal property from benefit district within city's authority; no fraud, corruption or oppressive conduct shown. Garvey Elevators, Inc. v. City of Wichita, 238 Kan. 682, 688, 714 P.2d 956 (1986). 6. Cited; city policy guidelines not equivalent to statute; no error where cost allocations within statute and proportionate to benefit conferred. Mallon v. City of Emporia, 11 Kan. App. 2d 494, 499, 726 P.2d 1354 (1986). 7. Cited; powers granted under Article 6a examined; no authority under K.S.A. 12-6a12 to redetermine boundaries. Madden v. City of Lenexa, 239 Kan. 397, 399, 402, 721 P.2d 261 (1986). 8. Whether general improvements and assessment law (K.S.A. 12-6a01 et seq.) is restricted to local projects only when objective is less than citywide in scope examined. Davis v. City of Leawood, 257 Kan. 512, 529, 538, 893 P.2d 512 (1995). 9. Whether the designation of street as main trafficway precludes financing improvements under K.S.A. 12-685 examined. Bauer v. City of Olathe, 257 Kan. 540, 546, 894 P.2d 823 (1995). 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