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13-443. Improving or vacating streets and alleys; reversion of land; recording of ordinance. The governing body of the city shall have the power to open, widen, extend or otherwise improve any street, avenue, alley or lane, and also to vacate and close any street, avenue, alley or lane or portion thereof. Before the governing body opens, widens or extends any street, avenue, alley or lane it shall proceed to condemn or acquire by purchase or gift the necessary lands as provided by law.

When any street, avenue, alley or lane is vacated it shall revert to the owners of land thereto adjoining on each side, in proportion to the frontage of such land, except in cases where such street, avenue, alley or lane may have been taken for public use in a different proportion, in which case it shall revert to the adjoining land in the same proportion as it was taken from it.

Immediately after an ordinance opening, widening, extending or vacating any street, avenue, alley or lane becomes effective, the clerk of the city shall file a copy thereof which has been certified by the city clerk as a true and correct copy in the office of the county clerk and in the office of the register of deeds. The county clerk shall enter the same in the transfer records of * county clerk's office and the register of deeds shall record the same in the deed records of the county and no fee shall be charged by the county clerk or register of deeds for such entering or recording.

History: L. 1903, ch. 122, § 64; R.S. 1923, § 13-443; L. 1951, ch. 142, § 1; L. 1963, ch. 234, § 27; L. 1984, ch. 65, § 5; July 1.

Source or prior law:

L. 1881, ch. 37, § 34; L. 1887, ch. 99, § 3, ¶ 44; L. 1895, ch. 290, § 1; for later law repealed by R.S. 1923, see L. 1907, ch. 114, § 70.

Revisor's Note:

* The word "the" should have been included.

CASE ANNOTATIONS

1. Whatever title reverts upon vacation passes under conveyance of lots. A.T.S.F. Rld. Co. v. Patch, 28 Kan. 470, 473.

2. Vacated street becomes an accretion to lot; passes with lot. Challiss v. Depot and Rld. Co., 45 Kan. 398, 402, 25 P. 894.

3. Highway in annexed territory becomes street in city; sidewalks; taxation. McGrew v. Stewart, 51 Kan. 185, 190, 32 P. 896.

4. Vacation of dedicated streets; right to question validity considered. Arnold v. Weiker, 55 Kan. 510, 516, 40 P. 901.

5. Closing of street for union depot; opening of other street. City of Leavenworth v. Douglass, 59 Kan. 416, 420, 53 P. 123.

6. Section considered in determining right of city to regulate streets. Desser v. City of Wichita, 96 Kan. 820, 822, 153 P. 1194.

7. Section construed as to annexing vacated streets to adjoining lots. Rowe v. Bowen, 113 Kan. 641, 643, 215 P. 1022.

8. Applied; vacated alley reverted to owner adjoining lots in frontage proportion. Luttgen v. Ergenbright, 161 Kan. 183, 187, 189, 193, 166 P.2d 712.

9. City has implied power to pass ordinance changing name of streets. Brown v. City of Topeka, 146 Kan. 974, 977, 74 P.2d 142.

10. Reopening; appraisers unnecessary where no permanent improvements have been erected. Myers v. Strauss, 171 Kan. 91, 92, 229 P.2d 774.

11. Mentioned; liability of city for attractive nuisance on unopened street determined. Hendren v. City of Kansas City, 172 Kan. 56, 64, 238 P.2d 510.

12. Mentioned; city changed grade of street by erecting viaduct; G.S. 1949, 13-1019 et seq. applicable. Atchison Ice Co. v. City of Atchison, 172 Kan. 94, 96, 238 P.2d 531.

13. City's action not arbitrary or capricious; vacation of street upheld. Babb v. City of Wichita, 175 Kan. 148, 149, 150, 259 P.2d 581.

14. Discussed in holding off street parking act (K.S.A. 13-1388 through 13-1391) constitutional. State, ex rel., v. City of Topeka, 176 Kan. 240, 247, 270 P.2d 270.

15. Section mentioned; city may reduce width of street; remedy is damages not injunction. Gorrill v. City of Lawrence, 196 Kan. 303, 306, 411 P.2d 704.

16. Attempted reservation of interest in adjoining streets prior to vacation; ineffective; not defect in title. J & S Building Co. v. Columbian Title & Trust Co., 1 Kan. App. 2d 228, 230, 232, 236, 239, 563 P.2d 1086.


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