Kansas Statutes 12-1756a. Rehabilitation of abandoned property; petition for possession; service of process; affirmative defense; rehabilitation plan; lease of property
(a) An organization may file a petition with the district court for an order for temporary possession of property if:
(1) The property meets the definition of abandoned as set forth in Kan. Stat. Ann. § 12-1750, and amendments thereto;
Terms Used In Kansas Statutes 12-1756a
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- District: means a self-supported municipal improvement district which may be created and the property taxed in accordance with this act and which is:
(1) Comprised of contiguous property wholly within the boundaries of the central business district of the city as such boundaries are determined by resolution adopted by the governing body of the city and none of which property is zoned for any use other than commercial or industrial;
(2) comprised, at a minimum, of an area equivalent to four square blocks excluding any public streets and rights-of-way; and
(3) given a descriptive name containing the words "self-supported municipal improvement district. See Kansas Statutes 12-1795
- Enforcing officer: means the building inspector or other officer designated by ordinance and charged with the administration of the provisions of this act. See Kansas Statutes 12-1750
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Governing body: means the governing body of any municipality. See Kansas Statutes 12-17,115
- Last known address: includes the address where the property is located, or the address as listed in the tax records. See Kansas Statutes 12-1750
- Organization: means any nonprofit corporation organized under the laws of this state and which has among its purposes the improvement of housing. See Kansas Statutes 12-1750
- Parties in interest: means any owner or owners of record, judgment creditor, tax purchaser or other party having any legal or equitable title or interest in the property. See Kansas Statutes 12-1750
- Property: includes personal and real property. See Kansas Statutes 77-201
- Rehabilitation: means the process of improving the property into compliance with applicable fire, housing and building codes. See Kansas Statutes 12-1750
- Service: means : (1) The provision of special or additional services, such as sanitation, the security of persons and property and the care and maintenance of public facilities, including sidewalks and other public areas; (2) the financial support of public transportation service and publicly owned parking facilities, including the operation and maintenance of parking facilities; (3) the development of plans and programs for the future development of the district; (4) the development, promotion and support of community events and activities open to the general public; and (5) any other service which the city is authorized to perform and which the city does not also perform to the same extent on a city-wide basis. See Kansas Statutes 12-1795
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Summons: Another word for subpoena used by the criminal justice system.
(2) the organization intends to rehabilitate the property and use the property as housing; and
(3) the organization has sent notice to the enforcing officer and the parties in interest of the property, by certified or registered mail, mailed to their last known address and posted on the property at least 20 days but not more than 60 days before the date the petition is filed, of the organization’s intent to file a petition for possession under Kan. Stat. Ann. §§ 12-1750 through 12-1756e, and amendments thereto.
(b) The proceeding shall be commenced by filing a verified petition in the district court in the county in which the property is located. The petition shall state that the conditions specified in subsection (a) exist. All parties in interest of the property shall be named as defendants in the petition. Summons shall be issued and service shall be made pursuant to Kan. Stat. Ann. § 60-303, and amendments thereto. Service may be made by publication if the organization with due diligence is unable to make service of summons upon a defendant pursuant to subsection (a)(3) of Kan. Stat. Ann. § 60-307, and amendments thereto.
(c) Any defendant may file as part of such defendant’s answer, as an affirmative defense, a plan for the rehabilitation of the property and evidence of capacity and resources necessary to complete rehabilitation of the property. The court shall grant the defendant 90 days to bring the property into compliance with applicable fire, housing and building codes and to pay all delinquent ad valorem property tax. For good cause shown, the court may extend the ninety-day compliance period for an additional 90 days. If the property is brought into such compliance within the ninety-day period or extension of time thereof, the petition shall be dismissed. If the defendant fails to bring the property into such compliance within the ninety-day period or extension of time thereof, or if the defendant’s plan is otherwise insufficient, the defendant’s affirmative defense shall be stricken.
(d) At the hearing on the organization’s petition, the organization shall submit to the court a plan for the rehabilitation of the property and present evidence that the organization has adequate resources to rehabilitate and thereafter manage the property. For the purpose of developing such a plan, representatives of the organization may be permitted entry onto the property by the court at such times and on such terms as the court may deem appropriate.
(e) The court shall make its own determination as to whether the property is in fact abandoned consistent with the terms of Kan. Stat. Ann. §§ 12-1750 through 12-1756e, and amendments thereto.
(f) If the court approves the petition, the court shall enter an order approving the rehabilitation plan and granting temporary possession of the property to the organization. The organization, subject to court approval, may enter into leases or other agreements in relation to the property. Whether the court approves or denies the petition, the organization shall provide the governing body a copy of the order within 30 days of the organization’s receipt or knowledge of such order.