House gives initial nod to measure to combat ‘predatory’ annexations

? Addressing what some see as predatory annexation practices, the House gave initial approval Wednesday to a bill that would let landowners seek review of plans by cities to annex their property.

The measure, advanced to final action on a 69-50 vote, is a response to complaints from Kansans living just outside growing cities, particularly in Johnson, Sedgwick and Shawnee counties.

Under the bill, property owners would have 30 days from the time they receive notice of a pending annexation to file a petition seeking a review. If 40 percent of the affected property owners sign the petition, a three-person committee would review the plans to decide whether annexation is in the best interest of the city and county.

The review committee would consist of the mayor of the city seeking to annex land, a landowner in the affected area and a hearing officer from the state.

The cost of the review would be paid by the losing side. In the property owners’ case, all who own property in the area to be annexed, even if they didn’t sign the petition, would pay for the review.

“There is disorderly, predatory annexation in the state simply to increase the tax base,” said Rep. Bonnie Huy, R-Wichita. “The last time I checked, we still have a constitution, and one of our responsibilities is to protect property rights.”

Huy and other supporters of the bill said only Kansas and Nebraska still practice “unilateral annexation,” which allows cities to annex adjacent land without giving owners an opportunity to challenge the action.

“Unilateral annexation is outdated and denies us our basic rights,” said Rep. Willa DeCastro, R-Wichita.

Some proponents of the bill said cities often fail to follow through on promises made to property owners when annexing land. Cities also add property without increasing their ability to provide services, supporters said.

But Rep. Jim Yonally, R-Overland Park, noted that legislative committees had rejected similar bills as a flawed approach to annexation issues.

The annexation measure was added as an amendment to a measure that would allow a county commission to dissolve a township where no one resides and no one has run for the township board for two straight years.


Annexation challenge bill is HB 2773.

On the Net: Kansas Legislature: http://www.kslegislature.org