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Offices:
Lawrence
Kaup & Shultz
Attorneys at Law, LC
901 Kentucky, Suite 305
Lawrence, KS 66044
Phone: 785-838-4300
email Jim
Lawrence
Kaup & Shultz
Attorneys at Law, LC
901 Kentucky, Suite 305
Lawrence, KS 66044
Phone: 785-838-4300
email Jim
| Kaup & Shultz, Attorneys at Law, LC, a law firm that focuses on Kansas land use law issues, including annexation, planning, zoning and subdivisions, with offices located in Lawrence and Johnson County, Kansas. Mike Shultz and Jim Kaup are Kansas land use attorneys with extensive experience working with Kansas local governments throughout the state on land use issues. If you have a Kansas land use law issue, please contact us. You deserve Kansas land use attorneys who know and practice Kansas local government law on a daily basis. |
Johnson County office
Antioch and Santa Fe
Overland Park, KS 66212
Phone: 913-385-0808
email Mike
Antioch and Santa Fe
Overland Park, KS 66212
Phone: 913-385-0808
email Mike
| Kansas Land Development and Land Use Attorneys |
Kansas Land Use Law encompasses a number of
topics, including planning, zoning and subdivision
regulations. We also include annexations as part of the land
use process because this is often the first step in the
development of land.
This page summarizes the annexation process in Kansas. It
obviously is only a quick look at the various types of
annexations, so please feel free to contact us if you have
more specific questions about the annexation process in
Kansas. You can link to the Kansas annexation statutes
here and type in 12-519. (pops up in new window)
topics, including planning, zoning and subdivision
regulations. We also include annexations as part of the land
use process because this is often the first step in the
development of land.
This page summarizes the annexation process in Kansas. It
obviously is only a quick look at the various types of
annexations, so please feel free to contact us if you have
more specific questions about the annexation process in
Kansas. You can link to the Kansas annexation statutes
here and type in 12-519. (pops up in new window)
Kansas Annexation Law
Since 1967, Kansas has had a comprehensive statutory
framework for municipal annexations. Mike Shultz has
developed an-depth treatise on Kansas annexation law that
served as the basis for the annexation manual published by
the League of Kansas Municipalities.
Kaup & Shultz categorizes annexations into 3 main types:
1. Consent annexations of adjoining land
Under K.S.A. 12-520(a)(7), a city may annex land that
adjoins the city when the land owner petitions for or
consents to annexation. When the consent annexation
involves land that adjoins the city, there is no need to get
county approval, or to adopt a resolution, hold a hearing or
prepare a service extension plan.
2. Unilateral annexations
Under K.S.A. 12-520(a), a city
may annex land that meets
certain conditions without the
approval of the land owner and without the approval of the
board of county commissions. With the exception of the
annexation of city-owned land, these annexations require
the adoption of a resolution of intent, development of a
service extension plan and notice and public hearing on the
proposed annexation.
3. County approved annexations
There are two types of county approved annexations. The
first, under K.S.A. 12-520c, involves the annexation of land
that does not adjoin the city but for which the owner has
consented to annexation. For this type of annexation, the
county must make a finding about the advisability of the
annexation before the city can annex the land.
Under K.S.A. 12-521, a city can annex any land not allowed
to be annexed under other statutes. This section requires
a city to petition the county for approval of the proposed
annexation. The City must prepare a service extension
plan in support of the annexation. In addition to a county
hearing on the annexation, most cities also hold their own
hearings on the proposed annexation. This is a
complicated process with numerous requirements for a
valid annexation.
Since 1967, Kansas has had a comprehensive statutory
framework for municipal annexations. Mike Shultz has
developed an-depth treatise on Kansas annexation law that
served as the basis for the annexation manual published by
the League of Kansas Municipalities.
Kaup & Shultz categorizes annexations into 3 main types:
1. Consent annexations of adjoining land
Under K.S.A. 12-520(a)(7), a city may annex land that
adjoins the city when the land owner petitions for or
consents to annexation. When the consent annexation
involves land that adjoins the city, there is no need to get
county approval, or to adopt a resolution, hold a hearing or
prepare a service extension plan.
2. Unilateral annexations
Under K.S.A. 12-520(a), a city
may annex land that meets
certain conditions without the
approval of the land owner and without the approval of the
board of county commissions. With the exception of the
annexation of city-owned land, these annexations require
the adoption of a resolution of intent, development of a
service extension plan and notice and public hearing on the
proposed annexation.
3. County approved annexations
There are two types of county approved annexations. The
first, under K.S.A. 12-520c, involves the annexation of land
that does not adjoin the city but for which the owner has
consented to annexation. For this type of annexation, the
county must make a finding about the advisability of the
annexation before the city can annex the land.
Under K.S.A. 12-521, a city can annex any land not allowed
to be annexed under other statutes. This section requires
a city to petition the county for approval of the proposed
annexation. The City must prepare a service extension
plan in support of the annexation. In addition to a county
hearing on the annexation, most cities also hold their own
hearings on the proposed annexation. This is a
complicated process with numerous requirements for a
valid annexation.
Kansas completely recodified its planning and zoning statutes
effective January 1, 1992. K.S.A. 12-741, et seq., establishes the
framework for planning and zoning in both cities and counties.
Although the procedural requirements tend to differ somewhat based
upon how cities versus counties enact local law, the substantive
provisions are the same with just a few exceptions.
As noted in K.S.A. 12-741, the statutes are not intended to prevent
the enactment or enforcement of additional laws and regulations on
the same subject which are not in conflict with the provisions of the
act. Thus, although any city or county that engages in planning and
zoning must comply with the statutory requirements, and may not
engage in any prohibited acts, they still may rely upon home rule
power to adopt local laws that are in addition to, but not in conflict
with, the statutory scheme.
Kaup & Shultz believes that planning and zoning regulations should
be a vital and positive part of any local government. Although land
use regulations are often viewed as restrictive and reactive,
thoughtful land use regulations can also help a local government to
operate proactively by promoting economic development and
minimizing the damae done by natural disasters.
effective January 1, 1992. K.S.A. 12-741, et seq., establishes the
framework for planning and zoning in both cities and counties.
Although the procedural requirements tend to differ somewhat based
upon how cities versus counties enact local law, the substantive
provisions are the same with just a few exceptions.
As noted in K.S.A. 12-741, the statutes are not intended to prevent
the enactment or enforcement of additional laws and regulations on
the same subject which are not in conflict with the provisions of the
act. Thus, although any city or county that engages in planning and
zoning must comply with the statutory requirements, and may not
engage in any prohibited acts, they still may rely upon home rule
power to adopt local laws that are in addition to, but not in conflict
with, the statutory scheme.
Kaup & Shultz believes that planning and zoning regulations should
be a vital and positive part of any local government. Although land
use regulations are often viewed as restrictive and reactive,
thoughtful land use regulations can also help a local government to
operate proactively by promoting economic development and
minimizing the damae done by natural disasters.
| Zoning Law |
| Subdivisions |
Once a city or county has adopted a
comprehensive plan, it can adopt subdivision
regulations. There probably is not a land use
decision that will have more long term effects
on a community than the approval of a
subdivision. A new subdivision sets a pattern
upon the ground that is very difficult to
change, especially once people begin to
acquire land within the subdivision.
Subdivision regulations also generally contain
the standards for the development of public
infrastructure, including roads, sidewalks,
sewers, water systems, open spaces and
more. Local governments must have
thoughtful and current subdivision regulations
that will permit them to thoroughly review and
evaluate any proposed subdivision.
comprehensive plan, it can adopt subdivision
regulations. There probably is not a land use
decision that will have more long term effects
on a community than the approval of a
subdivision. A new subdivision sets a pattern
upon the ground that is very difficult to
change, especially once people begin to
acquire land within the subdivision.
Subdivision regulations also generally contain
the standards for the development of public
infrastructure, including roads, sidewalks,
sewers, water systems, open spaces and
more. Local governments must have
thoughtful and current subdivision regulations
that will permit them to thoroughly review and
evaluate any proposed subdivision.
Model Subdivision Regulations
Mike Shultz is co-author with
Robert H. Freilich of Model
Subdivision Regulations: Text and
Commentary, published by the
American Planning Association.
Mike and Jim have assisted
numerous local governments with
the development of effective
subdivision regulations.
Mike Shultz is co-author with
Robert H. Freilich of Model
Subdivision Regulations: Text and
Commentary, published by the
American Planning Association.
Mike and Jim have assisted
numerous local governments with
the development of effective
subdivision regulations.
| KAUP & SHULTZ Attorneys at Law, LC |