Printable Format15-115. Incorporation of cities; purpose of act. It is the purpose of this act to provide by general law for the incorporation of all cities, as required by section 5 of article 12, of the state constitution.
History: L. 1963, ch. 509, ยง 1; June 30.
Source or Prior Law:
15-102, 80-2309 through 80-2323.
Law Review and Bar Journal References:
"City Home Rule in Kansas," Wright W. Crummett, 9 W.L.J. 1, 9, 10 (1969).
"State Control of Local Government in Kansas: Special Legislation and Home Rule," Barkley Clark, 20 K.L.R. 631, 657 (1972).
CASE ANNOTATIONS
1. Act cited 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, 518 P.2d 403.
2. Denial of petition for incorporation of city upheld; decision not arbitrary or unreasonable. In re Reincorporation of Piper City, 220 Kan. 6, 12, 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, 652 P.2d 717 (1982).
4. Denial of petition for incorporation of city upheld; act constitutional; decision not arbitrary or unreasonable. In re Application for Incorporation as City, 241 Kan. 396, 397, 398, 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, 405, 856 P.2d 144 (1993).