Printable Format15-427. Street and alley improvements; vacation; reversion; recordation of ordinance. The council shall have power to open, widen, extend or otherwise improve any street, avenue, alley, or lane; to create, open and improve any new street, avenue, alley, or lane; and also to annul, vacate or discontinue the same, whenever deemed necessary or expedient: Provided, That all damages sustained by the citizens of the city, or the owners of the property therein, shall be ascertained in the manner provided by law: And provided further, That 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 a different proportion, in which case it shall revert to adjacent lots of real estate in proportion as it was taken from them.
Immediately after an ordinance opening, widening, extending or vacating any street, avenue, alley or lane shall become effective, the clerk of the city shall file a copy thereof which has been certified by him or her as a true and correct copy in the office of the county clerk and in the office of the register of deeds and the county clerk shall enter the same in the transfer records of his or her 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: R.S. 1923, § 15-427; L. 1951, ch. 142, § 3; July 1.
Source or prior law:
L. 1869, ch. 26, § 29, ¶ 34; L. 1871, ch. 60, § 55.
CASE ANNOTATIONS
1. Neglect to keep streets in safe condition; liability for damages. City of Eudora v. Miller, 30 Kan. 494, 496, 2 P. 685.
2. Bridge situated wholly within city limits part of public street. City of Eudora v. Miller, 30 Kan. 494, 496, 2 P. 685.
3. Duty as to streets; only such care as necessity demands. City of Wellington v. Gregson, 31 Kan. 99, 1 P. 253.
4. Right of control and possession over parks dedicated to public. Hurd v. Comm'rs of Harvey Co., 40 Kan. 92, 94, 19 P. 325.
5. Ordinance not void for failure to provide payment of damages. City of Belleville v. Hallowell, 41 Kan. 192, 195, 197, 21 P. 105.
6. Validity of vacating ordinance cannot be questioned by uninterested party. Arnold v. Weiker, 55 Kan. 510, 516, 40 P. 901.
7. Power of county commissioners to vacate streets and alleys considered. Eudora v. Hartig, 68 Kan. 742, 744, 75 P. 1113.
8. Construction of sewer; neither condemnation proceedings nor compensation conditions precedent. Sullivan v. City of Goodland, 110 Kan. 359, 203 P. 732.
9. Vacated street reverts to adjacent owner in proportion to frontage. Sullivan v. City of Goodland, 110 Kan. 359, 360, 203 P. 732.
10. Where city opens dedicated street, abutting landowners not entitled to damages. Devine v. City of Seward, 174 Kan. 734, 735, 736, 737, 738, 258 P.2d 302.
11. Constitutionality of section challenged but not determined. Devine v. City of Seward, 174 Kan. 734, 735, 736, 737, 738, 258 P.2d 302.
12. County may construct part of road within city limits. Dinges v. Board of County Commissioners, 179 Kan. 35, 41, 292 P.2d 706.
13. Ordinance vacating and barricading street valid; injunctive relief improperly granted. Eastborough Corporation, Inc., v. City of Eastborough, 201 Kan. 491, 494, 441 P.2d 891.
14. 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.