58-2614. Same; order; protest by city; recordation of order; costs.
58-2614
58-2614. Same; order; protest by city; recordation of order; costs.Upon the hearing, if the board of county commissioners determines that noticehas been given as required by this act, that the public will suffer no loss orinconvenience by such vacationand that no private rights will be injured or endangered thereby,the board shallorder that such vacation be made and if the vacation is of a plat that suchland shall be listed for taxation and for other purposes asthough it had never been platted. If theplanningcommission holds the hearing, the commission shall make a recommendationregarding the vacation and submit such recommendation to the board in the samemanner provided by K.S.A. 12-752, and amendments thereto, for submission andapproval of recommendations regarding plats. Nosuch vacationshall be granted if the governing body of any city having subdivisionregulations applicable to the area in which the property islocated, shallprotest against such vacation. When only a portion of a street, alley orpublic reservation is proposed to be vacated, the petition shall not begranted if a written objection is filed with the county clerk by any owner ofland which adjoins the portion to be vacated. The order of the board shallbe entered onthe records of proceedings of the board, and a certified copy thereofrecorded in the office of the register of deeds of the county. Such order,if approving a vacation of a plat, street, alley, public easement orreservation shall protect and provide for the property rights of publicutilities, rights-of-way, and easements for public service facilities thenin existence and use. The costs of the proceedings, including publicationand recording costs, shall be paid by the party or parties presenting thepetition.
History: L. 1949, ch. 223, § 2; L. 1967, ch. 306, §2;L. 1997, ch. 147, § 7; May 1.