Incorporation of cities; appeals to district court from commissioners' decision; reversal of decision; duties of board

15-126. Incorporation of cities; appeals to district court from commissioners' decision; reversal of decision; duties of board. (a) Any person who has an interest in and is aggrieved by the decision of the board of county commissioners under the provisions of K.S.A. 15-115, et seq., and amendments thereto, may appeal to the district court of the same county in the manner provided by K.S.A. 19-223, and amendments thereto. Upon appeal the district court shall have jurisdiction to affirm or, if the court is of the opinion that the decision of the board was arbitrary, unlawful or capricious, to reverse the decision complained of or direct the county commissioners to take proper action. Neither the filing nor the pendency of any appeal of the decision of the board of county commissioners incorporating the territory to the district court, or any appeal therefrom, shall limit in any way the exercise of the corporate powers of the city by its officers, employees and agents. (b) In the event the appellate court enters an order pursuant to subsection (a) reversing the decision of the board of county commissioners incorporating the territory, the board shall take immediate responsibility for the administration of the assets, debts and obligations of the former city. In doing so, the board, by resolution, shall create and serve as officers of a special taxing district covering the territory of the former city. If the proceeds of the sale of the property and the remaining assets of the former city are insufficient to pay its debts and obligations, the board shall provide for the levy of taxes on the tangible taxable property within the limits of the special taxing district sufficient to pay the remaining debts and obligations. History: L. 1967, ch. 117; § 1; L. 1984, ch. 81, § 1; July 1. Law Review and Bar Journal References: "Statutory Changes of Interest to Lawyers," Robert F. Bennett, 36 J.B.A.K. 169, 172 (1967). CASE ANNOTATIONS 1. Appeal hereunder taken by city found to be proper. City of Kansas City v. Board of County Commissioners, 213 Kan. 777, 778, 779, 780, 781, 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, 16, 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, 151, 652 P.2d 717 (1982). 4. Standard of review same whether petition for incorporation approved unanimously or denied by one or more votes. In re Application for Incorporation as City, 241 Kan. 396, 397, 403, 405, 736 P.2d 875 (1987). 5. Noted in opinion that no right to appeal legislative acts of county commissions exists under K.S.A. 19-223; what redress available examined. Umbehr v. Board of Wabaunsee County Comm'rs, 252 Kan. 30, 34, 843 P.2d 176 (1992). 6. 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, 404, 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