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| Annexation Articles |
On this page, find an article about:
1. the types of annexations in Kansas
For other topics, click on the appropriate link below. Articles open
in a separate window so be sure your pop-up blocker is off.
2. the process for unilateral annexations
3. annexation agreements
4. service extension plans (sample plan from Wichita)
5. the standard for approval of a unilateral annexation
1. the types of annexations in Kansas
For other topics, click on the appropriate link below. Articles open
in a separate window so be sure your pop-up blocker is off.
2. the process for unilateral annexations
3. annexation agreements
4. service extension plans (sample plan from Wichita)
5. the standard for approval of a unilateral annexation
Types of Annexations in Kansas
In Kansas, three main statutes authorize the annexation of land. K.S.A. 12-520 authorizes the annexation
of land under specific circumstances without county approval. K.S.A. 12-520c authorizes the annexation
of land that does not adjoin the city and for which the owner has given consent with the approval of the
appropriate board of county commissioners. Finally, K.S.A. 12-521 authorizes the annexation of land that
does not meet any of the conditions in 520, but all such annexations must be approved by the board of
county commissioners. The city also can choose to use 521 instead of 520 even if the land to be annexed
meets one or more of the conditions for a 520 annexation. This is often done in larger annexations when
some land might meet the conditions of 520 annexations and some does not. The land can be grouped
together and annexed in one ordinance if the board of county commissioners approves the annexation.
Although the Kansas statutes do not give names to the different types of annexations that they authorize,
annexations are commonly grouped into three types:
(1) consent annexations of adjoining land (12-520(a)(7));
(2) unilateral annexations (12-520(a)(1)-(6)); and
(3) county approved annexations (12-520c and 12-521). The category of county approved annexations
includes consent annexations of non-adjoining land (islands) for which the owner has consented to
annexation, and it also includes annexations of all other land that cannot be annexed under K.S.A. 12-
520. The annexation of islands for which the owner has consented to annexation is treated as county-
approved rather than consent because the process for annexing such islands is much closer to the process
for 521 annexations than it is for the consent annexation of adjoining land.
Consent Annexations of Adjoining Land
K.S.A. 12-520(a)(7) permits a city to annex land that adjoins the city when the landowner consents to or
petitions for the annexation of land. This method of annexation is the easiest to accomplish with virtually
no restrictions whatsoever. The city may annex such land without adopting a resolution of intent, giving
notice of its intent, holding a hearing or drafting a service plan. Of course, the city does not need to
obtain the approval of the county to annex such adjoining land. A city can also annex county owned land
with the consent of the county if the land adjoins the city (520(a)(3)). Here again, the procedural
requirements normally required for a 520 annexation do not apply.
K.S.A. 12-520(a)(2) permits a city to land that is owned by or held in trust for the city or any agency of the
city. The statutes clearly do not require a city to adopt a resolution, give notice or to hold a hearing on
the annexation. However, K.S.A. 12-520b(b) does not expressly relieve the city of the duty to draft a
service plan since it only specifically mentions consent annexations as an exception to the service plan
requirement. However, when a city is annexing its own land, it implicitly is consenting to the annexation
of such land. Still, this is a point of caution.
There are two important points about consent annexations of adjoining land. K.S.A. 12-520(a)(7) only
requires that the “land” adjoin the city. This means that a single tract of land can be annexed so long as
it is contiguous to the city at some point. In addition, multiple, contiguous tracts of land in separate
ownership can be annexed so long as the land as a whole is contiguous to the city at some point. In other
words, a city can annex several tracts of land that adjoin one another as long as all land owners consent
and the land as a whole touches upon the city.
Unilateral Annexations of Land
Under K.S.A. 12-520(a), there are really 5 types of annexations that are described as unilateral
annexations:
1. annexations of adjoining platted land (520(a)(1));
2. annexations of adjoining land owned by or held in trust by another government but not another city
(520(a)(3));
3. annexations of land that lies within or mainly within the city and has a common perimeter with the city
boundary line of more than 50% (520(a)(4));
4. annexations of land if annexation will make the city boundary line straight or harmonious and some
part thereof adjoins the city, except no land in excess of 21 acres shall be annexed for this purpose (520(a)
(5));
5. annexations of a tract is so situated that 2/3 of any boundary line adjoins the city, except no tract in
excess of 21 acres shall be annexed under this condition (520(a)(6)).
One major limitation on unilateral annexations is that no portion of any unplatted tract of land devoted to
agricultural use of 21 acres or more can be annexed by any city under the authority of 520 without the
written consent of the owner thereof (520(b)).
For all of the annexations listed above, a city must adopt a resolution of intent to annex, give notice of a
public hearing, hold a public hearing and prepare a service plan concerning the proposed delivery of
services to the annexed area. A separate paper in the Tool Box describes the service plan requirements.
County Approved Annexations
Although some people describe county approved annexations as bilateral, there is really no bilateral
agreement between the city seeking to annex land and the county. Thus, we find the label confusing.
Certain consent annexations might be considered bilateral if a city enters into a binding annexation
agreement with the property owner who consents to annexation.
521 Annexations. A city can petition the applicable board or boards of county commissioners for the
approval to annex any land that it is not authorized to annex under 520. In addition, a city can use the
521 process even though some of the land that it proposes to annex could be annexed under 520
whenever the city deems it advisable. There is almost no limit on what a city can seek to annex under
521 as it includes all land that cannot be annexed under 520. Thus, a city can seek to annex land under
521 that it is expressly prohibited from annexing under 520. In fact, a city could petition to annex land in
more than one county.
The 521 annexation is the most complex in that the city has to prepare a petition requesting authority
from the board of county commissioners to annex land. If the land is in two or more counties, then the
petition is sent to the appropriate boards of county commissioners. The city also holds a hearing on the
proposed annexation and the county commission(s) holds a hearing on the proposed annexation. The city
must prepare a service plan explaining in detail how it will serve the area proposed to be annexed.
The standard for county approval of a petition to annex land is very complex. Although the statute
focuses on manifest injury to property owners or to the city seeking to annex land, it also requires the
board of commissioners to consider the impact of approving or disapproving the annexation on the entire
community involved, including the city and the land proposed to be annexed, in order to insure the orderly
growth and development of the community.
520c Annexations. The county also must approve annexations when the property owner consents to the
annexation of land that does not adjoin the city—so-called “islands.” K.S.A. 12-520c requires the city to
adopt a resolution stating its intent to annex and requesting the county’s approval of the annexation.
Only this part of the Kansas annexation statutes requires the land to be in the same county as the city. K.
S.A. 12-520c has no notice, hearing and service plan requirements, although the county likely will and
must hold a hearing when it determines whether to approve the city’s annexation request.
Under a 520c annexation, the county must find and determine that the annexation of such land will not
hinder or prevent the proper growth and development of the area or that of any other incorporated city
located within such county. The Kansas Supreme Court has held that this is a quasi-judicial process and
that this decision is subject to judicial review, including by persons who own property that adjoins the
island. The court went on to explain that the 520c finding was similar to the manifest injury determination
under 521. Thus, the 521 and 520c annexations processes have a lot in common.
In Kansas, three main statutes authorize the annexation of land. K.S.A. 12-520 authorizes the annexation
of land under specific circumstances without county approval. K.S.A. 12-520c authorizes the annexation
of land that does not adjoin the city and for which the owner has given consent with the approval of the
appropriate board of county commissioners. Finally, K.S.A. 12-521 authorizes the annexation of land that
does not meet any of the conditions in 520, but all such annexations must be approved by the board of
county commissioners. The city also can choose to use 521 instead of 520 even if the land to be annexed
meets one or more of the conditions for a 520 annexation. This is often done in larger annexations when
some land might meet the conditions of 520 annexations and some does not. The land can be grouped
together and annexed in one ordinance if the board of county commissioners approves the annexation.
Although the Kansas statutes do not give names to the different types of annexations that they authorize,
annexations are commonly grouped into three types:
(1) consent annexations of adjoining land (12-520(a)(7));
(2) unilateral annexations (12-520(a)(1)-(6)); and
(3) county approved annexations (12-520c and 12-521). The category of county approved annexations
includes consent annexations of non-adjoining land (islands) for which the owner has consented to
annexation, and it also includes annexations of all other land that cannot be annexed under K.S.A. 12-
520. The annexation of islands for which the owner has consented to annexation is treated as county-
approved rather than consent because the process for annexing such islands is much closer to the process
for 521 annexations than it is for the consent annexation of adjoining land.
Consent Annexations of Adjoining Land
K.S.A. 12-520(a)(7) permits a city to annex land that adjoins the city when the landowner consents to or
petitions for the annexation of land. This method of annexation is the easiest to accomplish with virtually
no restrictions whatsoever. The city may annex such land without adopting a resolution of intent, giving
notice of its intent, holding a hearing or drafting a service plan. Of course, the city does not need to
obtain the approval of the county to annex such adjoining land. A city can also annex county owned land
with the consent of the county if the land adjoins the city (520(a)(3)). Here again, the procedural
requirements normally required for a 520 annexation do not apply.
K.S.A. 12-520(a)(2) permits a city to land that is owned by or held in trust for the city or any agency of the
city. The statutes clearly do not require a city to adopt a resolution, give notice or to hold a hearing on
the annexation. However, K.S.A. 12-520b(b) does not expressly relieve the city of the duty to draft a
service plan since it only specifically mentions consent annexations as an exception to the service plan
requirement. However, when a city is annexing its own land, it implicitly is consenting to the annexation
of such land. Still, this is a point of caution.
There are two important points about consent annexations of adjoining land. K.S.A. 12-520(a)(7) only
requires that the “land” adjoin the city. This means that a single tract of land can be annexed so long as
it is contiguous to the city at some point. In addition, multiple, contiguous tracts of land in separate
ownership can be annexed so long as the land as a whole is contiguous to the city at some point. In other
words, a city can annex several tracts of land that adjoin one another as long as all land owners consent
and the land as a whole touches upon the city.
Unilateral Annexations of Land
Under K.S.A. 12-520(a), there are really 5 types of annexations that are described as unilateral
annexations:
1. annexations of adjoining platted land (520(a)(1));
2. annexations of adjoining land owned by or held in trust by another government but not another city
(520(a)(3));
3. annexations of land that lies within or mainly within the city and has a common perimeter with the city
boundary line of more than 50% (520(a)(4));
4. annexations of land if annexation will make the city boundary line straight or harmonious and some
part thereof adjoins the city, except no land in excess of 21 acres shall be annexed for this purpose (520(a)
(5));
5. annexations of a tract is so situated that 2/3 of any boundary line adjoins the city, except no tract in
excess of 21 acres shall be annexed under this condition (520(a)(6)).
One major limitation on unilateral annexations is that no portion of any unplatted tract of land devoted to
agricultural use of 21 acres or more can be annexed by any city under the authority of 520 without the
written consent of the owner thereof (520(b)).
For all of the annexations listed above, a city must adopt a resolution of intent to annex, give notice of a
public hearing, hold a public hearing and prepare a service plan concerning the proposed delivery of
services to the annexed area. A separate paper in the Tool Box describes the service plan requirements.
County Approved Annexations
Although some people describe county approved annexations as bilateral, there is really no bilateral
agreement between the city seeking to annex land and the county. Thus, we find the label confusing.
Certain consent annexations might be considered bilateral if a city enters into a binding annexation
agreement with the property owner who consents to annexation.
521 Annexations. A city can petition the applicable board or boards of county commissioners for the
approval to annex any land that it is not authorized to annex under 520. In addition, a city can use the
521 process even though some of the land that it proposes to annex could be annexed under 520
whenever the city deems it advisable. There is almost no limit on what a city can seek to annex under
521 as it includes all land that cannot be annexed under 520. Thus, a city can seek to annex land under
521 that it is expressly prohibited from annexing under 520. In fact, a city could petition to annex land in
more than one county.
The 521 annexation is the most complex in that the city has to prepare a petition requesting authority
from the board of county commissioners to annex land. If the land is in two or more counties, then the
petition is sent to the appropriate boards of county commissioners. The city also holds a hearing on the
proposed annexation and the county commission(s) holds a hearing on the proposed annexation. The city
must prepare a service plan explaining in detail how it will serve the area proposed to be annexed.
The standard for county approval of a petition to annex land is very complex. Although the statute
focuses on manifest injury to property owners or to the city seeking to annex land, it also requires the
board of commissioners to consider the impact of approving or disapproving the annexation on the entire
community involved, including the city and the land proposed to be annexed, in order to insure the orderly
growth and development of the community.
520c Annexations. The county also must approve annexations when the property owner consents to the
annexation of land that does not adjoin the city—so-called “islands.” K.S.A. 12-520c requires the city to
adopt a resolution stating its intent to annex and requesting the county’s approval of the annexation.
Only this part of the Kansas annexation statutes requires the land to be in the same county as the city. K.
S.A. 12-520c has no notice, hearing and service plan requirements, although the county likely will and
must hold a hearing when it determines whether to approve the city’s annexation request.
Under a 520c annexation, the county must find and determine that the annexation of such land will not
hinder or prevent the proper growth and development of the area or that of any other incorporated city
located within such county. The Kansas Supreme Court has held that this is a quasi-judicial process and
that this decision is subject to judicial review, including by persons who own property that adjoins the
island. The court went on to explain that the 520c finding was similar to the manifest injury determination
under 521. Thus, the 521 and 520c annexations processes have a lot in common.