Same; factors considered in determining advisability of incorporation

15-121. Same; factors considered in determining advisability of incorporation. As a guide in determining the advisability of incorporating the territory, the board or joint board of county commissioners shall consider the following factors, among others: (1) Population and population density of the area within the boundaries of the territory; (2) land area, topography, natural boundaries, and drainage basin; (3) area of platted land relative to unplatted and assessed value of platted land relative to assessed value of unplatted areas; (4) extent of business, commercial, and industrial development; (5) past expansion in terms of population and construction; (6) likelihood of significant growth in the area, and in adjacent areas, during the next ten (10) years; (7) the present cost and adequacy of governmental services and controls in the area and the probable effect of the proposed action and of alternative courses of action on the cost of adequacy of local governmental services and regulation in the area and in adjacent areas; (8) effect of the proposed action, and of alternative actions, on adjacent areas, and on the local governmental structure of the entire urban community. If the territory or any part thereof is within five (5) miles of an existing city, the board or joint board of county commissioners shall take into consideration* (1) The size and population of such city; (2) its growth in population, business and industry during the past ten (10) years; (3) the extension of its boundaries during the past ten (10) years; (4) the probability of its growth toward the territory during the ensuing ten (10) years, taking into consideration natural barriers and other reasons which might influence growth toward the territory; (5) the willingness of the city to annex the territory and its ability to provide city services in case of annexation; (6) the general effect upon the entire community, should there be additional cities in the area; all of these and other considerations having to do with the overall orderly and economic development of the area and to prevent an unreasonable multiplicity of independent municipal governments. History: L. 1963, ch. 509, § 7; June 30. Revisor's Note: * The paragraph should have been punctuated at the end with a colon. CASE ANNOTATIONS 1. Mentioned in appeal by city aggrieved by decision to incorporate nearby area; order incorporating held invalid. City of Kansas City v. Board of County Commissioners, 213 Kan. 777, 780, 784, 518 P.2d 403. 2. Applied; petition for incorporation of city denied; upheld on appeal. In re Reincorporation of Piper City, 220 Kan. 6, 13, 551 P.2d 909. 3. Order of board of county commissioners incorporating city upheld; authority of board considered; scope of judicial review. City of Wichita v. Board of Sedgwick County Comm'rs, 232 Kan. 149, 150, 152, 153, 157, 652 P.2d 717 (1982). 4. Denial of petition for incorporation of city upheld; decision not arbitrary or unreasonable. In re Application for Incorporation as City, 241 Kan. 396, 399, 400, 403, 404, 736 P.2d 875 (1987). 5. Joint review of petitions for annexation (K.S.A. 12-521) and incorporation examined. In re Petition of City of Kansas City for Annexation of Land, 253 Kan. 402, 856 P.2d 144 (1993). 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