Title
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS REGARDING THE PROCEDURE FOR HANDLING PETITIONS TO LAY OUT, ALTER OR VACATE ROADS UNDER KSA 68-102, ET SEQ.
Presented by: Kelly B. Arnold, County Clerk.
RECOMMENDED ACTION: Adopt the resolution.
Body
This resolution would establish procedures for handling petitions to lay out, alter or vacate roads under KSA 68-102, et seq. Previously, the county used KSA 58-2613 et seq. to address petitions to vacate road right of way in the unincorporated area. That process was primarily handled by the planning commission and planning staff. Due to a recent court ruling, KSA 58-2613 et seq. can no longer be used to vacate unplatted county right of way in the unincorporated area, and instead the process set out in KSA 68-102 et seq. must be followed.
Alternatives:
A) Adopt the resolution and establish procedures for handling vacations under KSA 68-102 et seq.
B) Modify the resolution as determined appropriate by the Board
C) Not adopt the resolution and proceed under the limited guidance provided in KSA 68-102 et seq.
Financial Considerations:
A bond may be required by an applicant seeking a vacation under KSA 68-102 et seq. to cover any costs incurred by the County. Petitioners for vacation will also pay for any changes to a road required under the proposed conditions for the road vacation.
Legal Considerations: K.S.A. 68-102, et seq., provides the process to lay out, alter or vacate roads in the unincorporated area. K.S.A. 19-101, et seq. grants the Board home rule powers, including the power to lay out, alter or discontinue roads in the unincorporated area and to adopt rules and regulations governing the transaction of County business. The County Counselor has reviewed the resolution and attachments.
Policy Considerations:
Outside Attendees:
Multimedia Presentation:
PowerPoint presentation