12-1301. Land for park purposes; sales or exchanges in connection with parks; use of moneys; notice; protest; election; validation of prior sales and conveyances.

Any city may acquire by purchase, or lease or may take options upon, land within or without the limits of said city to be used as a public park for the use and benefit of the people of said city. Any city may trade or exchange any public park, public square or market square which it may own, or any portion thereof, for other land to be used for similar purposes, or may sell the same. Any such sale heretofore made is hereby confirmed, legalized and declared to be a valid sale and conveyance. Before making any such trade or exchange or sale, the city shall first publish notice of such proposal in the official city paper once each week for two consecutive weeks upon the same day of the week and, if within thirty (30) days from the date of the last publication there has not been filed with the city clerk of such city a protest signed by qualified electors of such city equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, such city may make such sale, trade or exchange.

In the event such a petition is filed with the city clerk within the time prescribed above no such sale, trade or exchange shall be made until the governing body shall be instructed so to do by a majority of all the votes cast on this proposition at a regular or special election. Any election required as herein provided shall be called and held as provided by law for bond elections.

History: R.S. 1923, § 12-1301; L. 1939, ch. 97, § 1; L. 1941, ch. 107, § 1; L. 1947, ch. 121, § 1; L. 1965, ch. 106, § 1; L. 1976, ch. 77, § 2; April 8.

SOURCE OR PRIOR LAWS

1991 Main Volume SOURCE OR PRIOR LAWS

L. 1903, ch. 135, § § 1, 4; L. 1909, ch. 69, § 1; L. 1915, ch. 125, § 1; L. 1921, ch. 97, § 1.

RESEARCH AND PRACTICE AIDS

1991 Main Volume RESEARCH AND PRACTICE AIDS

Municipal Corporations 276.

C.J.S. Municipal Corporations § 1057.

ATTORNEY GENERAL'S OPINIONS

1991 Main Volume ATTORNEY GENERAL'S OPINIONS

City land for park purposes; sales or exchanges. 83-146.

Cities issuance of bonds for motor sports raceway park valid exercise of home rule powers. 87-57.

City may sublease public park land for construction and maintenance of a public golf course. 87-88.

2004 Pocket Part ATTORNEY GENERAL'S OPINIONS

Initiative and referendum ordinances; bid procedure for sale of city-owned property to highest bidder. 95-42.

CASE ANNOTATIONS

1991 Main Volume CASE ANNOTATIONS

1. Section cited in discussing liability of city for damages. Harper v. City of Topeka, 92 K. 11, 17, 139 P. 1018.

2. Reproduction of natural pond held not an attractive nuisance. Harper v. City of Topeka, 92 K. 11, 17, 139 P. 1018.

3. City may not sell public squares dedicated by plat. State, ex rel., v. City of Manhattan, 115 K. 794, 225 P. 85.

4. Statutory authority to acquire park and use as airport considered. City of Wichita v. Clapp, 125 K. 100, 107, 263 P. 12.

5. Filing of petition not necessary under this section. Smith v. Fuest, 125 K. 341, 343, 262 P. 1069.

6. Mayor not required to sign contract for expenditure larger than authorized amount. City of Iola v. Hobart, 141 K. 709, 714, 42 P.2d 977.

7. Condemnation proceeding to establish automobile parking places held void. Barker v. Kansas City, 146 K. 347, 365, 70 P.2d 5.

8. Cited; private citizen cannot maintain action to enjoin city's operation of wholesale market. Douglas v. City of Wichita, 148 K. 619, 620, 621, 83 P.2d 657.

9. Land condemned for one purpose reverts to original owner when no longer used or needed for the purpose for which condemned. Isley v. Bogart, 338 F.2d 33.

10. City park is governmental function; rotating swing not nuisance. Fowler v. City of Winfield, Kansas, 286 F.2d 385.

11. Zoo in public park is governmental function; tests for determination. Grover v. City of Manhattan, 198 K. 307, 310, 424 P.2d 256.

K. S. A. § 12-1301, KS ST § 12-1301

Current through the 2004 Regular Session

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