24-138. Annexation of land; Finney county; procedure.
24-138
24-138. Annexation of land; Finney county; procedure.(a) Subject to the provisions of K.S.A. 19-270, the governing body of anydrainage district located inFinney county may annex land to the district if:
(1) The land adjoins the district;
(2) the land is surrounded by the district;
(3) the land is owned or held in trust for the district; or
(4) the land adjoins the district and a written petition for or consentto annexation is filed with the district by the landowner.
No drainage district or any portion thereof may be annexed by anotherdrainagedistrict.
(b) The governing body shall give notice of a public hearing to be heldto consider the annexation of the land. The notice shall include:
(1) The time, date and place of the hearing;
(2) a description of the land to be annexed; and
(3) a sketch clearly delineating the land to be annexed.
At least 10 days prior to the hearing, the notice shall be published ina newspaper of general circulation in the county in which the district andthe land to be annexed are located. A copy of the notice also shall bemailed by prepaid first-class mail to the owner of land to be annexed.
(c) At the public hearing, a representative of the district shall presentthe district's proposal for annexation. Following the explanation, all interestedpersons shall be given an opportunity to be heard. The governing body mayrecess the hearing to a time and date certain, which shall be fixed in thepresence of persons in attendance at the hearing.
After the public hearing, if the governing body finds that it would bein the best interest of the drainage district and the owners of the landto be annexed, it may annex the land or a lesser amount thereof by the adoptionof an annexation resolution. The resolution shall be published once in anewspaper of general circulation in the county in which the district andthe land are located. The annexation shall be final and conclusive uponthe publication of the annexation resolution.
Within 30 days after the publication of the annexation resolution, anyowner of land annexed by a drainage district may maintain an action in thedistrict court of the county in which the drainage district is located challengingthe authority of the drainage district to annex the land and the regularityof the proceedings.
(d) No resolution, notice or public hearing required under the provisionsof this section shall be required as a prerequisite to the annexation ofland owned by or held in trust for the drainage district or land all ofthe owners of which petition for or consent thereto in writing.
(e) All bonds issued or other indebtedness of the drainage district orthe land annexed prior to the effective date of the annexation shall remainthe liability of and lien against properties to which the liability attachedprior to the annexation of the land to the district.
History: L. 1983, ch. 118, § 25;L. 1986, ch. 70, § 25; May 15.