Session of 1998
By Committee on Commerce
            9             AN ACT concerning cities; relating to the exercise of eminent domain
10             power; amending K.S.A. 1997 Supp. 12-1773 and repealing the exist-
11             ing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 12-1773 is hereby amended to read as
15       follows: 12-1773. (a) Any city which has adopted a redevelopment plan
16       in accordance with the provisions of this act may purchase or otherwise
17       acquire real property. Upon a 2/3 vote of the members of the governing
18       body thereof a city may acquire by condemnation any interest in real
19       property, including a fee simple title thereto, which it deems necessary
20       for or in connection with any redevelopment plan of an area located
21       within the redevelopment district. However no city shall exercise such
22       eminent domain power to acquire real property in a conservation area.
23       Any such city may exercise the power of eminent domain in the manner
24       provided by K.S.A. 26-501 et seq., and amendments thereto. In addition
25       to any compensation or damages allowed under the eminent domain pro-
26       cedure act, such city shall also provide for the payment of relocation
27       assistance as provided in K.S.A. 12-1777, and amendments thereto.
28           (b) Any property acquired by a city under the provisions of this act
29       may be sold or leased to any person, firm or corporation, hereinafter
30       referred to as a developer, in accordance with the redevelopment plan
31       and under such other conditions as may be agreed upon. Such city may
32       use the proceeds of special obligation bonds issued under K.S.A. 12-1774,
33       and amendments thereto, or full faith and credit tax increment bonds
34       issued under K.S.A. 12-1774, and amendments thereto, or any uncom-
35       mitted funds derived from those sources set forth in paragraph (1) of
36       subsection (a) of K.S.A. 12-1774, and amendments thereto, to implement
37       the redevelopment plan including, without limitation:
38           (1) Acquisition of property within the project area;
39           (2) payment of relocation assistance;
40           (3) site preparation;
41           (4) sanitary and storm sewers and lift stations;
42           (5) drainage conduits, channels and levees;
43           (6) street grading, paving, graveling, macadamizing, curbing, gutter-

SB 549


  1       ing and surfacing;
  2           (7) street lighting fixtures, connection and facilities;
  3           (8) underground gas, water, heating, and electrical services and con-
  4       nections located within the public right-of-way;
  5           (9) sidewalks and pedestrian underpasses or overpasses;
  6           (10) drives and driveway approaches located within public right-of-
  7       way;
  8           (11) water mains and extensions;
  9           (12) plazas and arcades;
10           (13) parking facilities;
11           (14) landscaping and plantings; fountains, shelters, benches, sculp-
12       tures, lighting, decorations and similar amenities; and
13           (15) all related expenses to redevelop and finance the redevelopment
14       project.
15       None of the proceeds from the sale of such bonds shall be used for the
16       construction of buildings or other structures to be owned by or to be
17       leased to such developer, except for proceeds of such bonds as may be
18       issued under subsection (a)(1)(D) of K.S.A. 12-1774, and amendments
19       thereto and except for proceeds of such bonds as may be issued for a
20       redevelopment district including some or all of the land and buildings
21       comprising a state mental institution closed pursuant to section 2 of chap-
22       ter 219 of the 1995 Session Laws of Kansas.
23           Sec. 2. K.S.A. 1997 Supp. 12-1773 is hereby repealed.
24           Sec. 3. This act shall take effect and be in force from and after its
25       publication in the statute book.