Printable Format14-423. Improving and vacating streets and alleys; reversion of land; recording of ordinance. The governing body of any city of the second class shall have power to open, widen, extend or otherwise improve any street, avenue, alley, or lane, and also to vacate or discontinue the same and also to vacate or cancel any lot, block, townsite, part of townsite, addition or part of addition whenever deemed necessary or expedient. Before the governing body shall open, widen or extend any street, avenue, alley, or lane, it shall proceed to condemn or acquire by purchase or gift the necessary lands as provided by law. Whenever any street, avenue, alley, or lane shall be vacated, the same shall revert to the owners of real estate thereto adjacent on each side in proportion to the frontage of such real estate, except in cases where such street, avenue, alley or lane shall have been taken and appropriated to public use in different proportions, in which case it shall revert to adjacent lots of real estate in proportion as it was taken from them, and whenever any lot, block, townsite, part of townsite, addition or part of addition shall be vacated, all of the streets, avenues, alleys, and lanes therein shall revert as above provided.
Immediately after an ordinance opening, widening, extending, or vacating any street, avenue, alley or lane or vacating any lot, block, townsite, part of townsite, addition or part of addition becomes effective, the clerk of the city shall file a copy thereof which has been certified by the 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 the county clerk's office. 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. No reversion provided for herein shall be so applied as to divest any person of possession who is in actual or constructive possession of such property. The ordinance so vacating, discontinuing, or canceling shall provide that the same shall become effective 30 days after the publication thereof unless one or more interested parties file a written protest before the expiration of such time.
In the event such a protest is filed in the office of the city clerk of the city within such time the governing body shall set the same for hearing 10 days after the end of the 30 day period above mentioned. The hearing may be continued from time to time, and at the conclusion thereof the governing body shall adopt a resolution confirming the vacation ordinance and the same shall then be filed with the county clerk and register of deeds as provided above, or in the event such resolution is not adopted, the vacation ordinance shall be void and of no effect.
History: R.S. 1923, § 14-423; L. 1939, ch. 129, § 1; L. 1951, ch. 142, § 2; L. 1961, ch. 102, § 1; L. 1984, ch. 65, § 6; July 1.
Source or prior law:
L. 1862, ch. 46, art. 2, § 1, ¶¶ 9, 22; L. 1864, ch. 69, § 3; L. 1867, ch. 68, art. 3, § 2, ¶ 36; G.S. 1868, ch. 19, § 30, ¶ 36; L. 1871, ch. 62, § 37; L. 1872, ch. 100, § 54; L. 1873, ch. 66, § 1; L. 1885, ch. 99, § 2.
CASE ANNOTATIONS
1. City has power to regulate passage of railways over streets. A.& N. Rld. Co. v. Garside, 10 Kan. 552, 565.
2. Council may grant street railway permission to construct and operate. Atchison Street Rly. Co. v. Mo. Pac. Rly. Co., 31 Kan. 660, 667, 3 P. 284.
3. Damages incidentally caused by change of grade not collectible. Methodist Episcopal Church v. City of Wyandotte, 31 Kan. 721, 726, 3 P. 527.
4. City cannot authorize purely private railroad to operate on streets. Mikesell v. Durkee & Stout, 34 Kan. 509, 510, 9 P. 278.
5. Alley dedicated to public use; liability of city for negligence. Osage City v. Larkin, 40 Kan. 206, 19 P. 658.
6. Street dedicated to public use reverts in proportion to frontage. Showalter v. S.K. Rly. Co., 49 Kan. 421, 431, 32 P. 42.
7. Vacation, failure to provide for damages, challenge by uninterested party. Arnold v. Weiker, 55 Kan. 510, 516, 40 P. 901.
8. City may require construction of viaduct; costs of construction considered. City of Argentine v. A.T.&S.F. Rld. Co., 55 Kan. 730, 734, 41 P. 946.
9. Vacated street reverts to property from which it was taken. Railway Co. v. Showalter, 57 Kan. 681, 682, 47 P. 831.
10. Property owners may appeal from decision of householders; procedure. Epstein v. City of Caney, 87 Kan. 329, 330, 124 P. 421.
11. Opening streets is city legislation, courts have no supervision. City of Emporia v. Railway Co., 88 Kan. 611, 613, 129 P. 161.
12. Section considered in determining reversion of land on vacation. Rowe v. Bowen, 113 Kan. 641, 643, 215 P. 1022.
13. Section cited in determining power to contract with railroad for construction of subway. State, ex rel., v. Atherton, 127 Kan. 449, 450, 273 P. 905.
14. Preliminary resolution of necessity or expediency not required. Kinney v. Reno Community High School, 130 Kan. 610, 287 P. 258.
15. Land voluntarily dedicated reverts to owners in proportion appropriated. Shoen v. Baker, 130 Kan. 630, 631, 633, 287 P. 232.
16. Section discussed; vacated alley reverted to owner adjoining lots under R.S. 1923, § 13-443. Luttgen v. Ergenbright, 161 Kan. 183, 189, 191, 166 P.2d 712.
17. Fee to city streets in county but city authorized to improve them. State, ex rel., v. City of Garnett, 177 Kan. 709, 711, 281 P.2d 1085.
18. County may construct part of road within city limits. Dinges v. Board of County Commissioners, 179 Kan. 35, 41, 292 P.2d 706.
19. Vacated street reverts to owners of blocks on either side. City of Norton v. Lowden, 84 F.2d 663, 664.
20. Power of city to open street through railroad property determined. City of Norton v. Lowden, 84 F.2d 663, 664.
21. Section cited as comparison to K.S.A. 13-443. J & S Building Co. v. Columbian Title & Trust Co., 1 Kan. App. 2d 228, 232, 563 P.2d 1086.