Printable Format12-606. Assessments against unplatted or partially platted lands; extent of benefit district. Where any of the improvements specified in this act are to be made upon streets or avenues, and the pieces of land abutting on such improvement shall not be divided into lots or blocks, the assessments for such improvement shall be made on the piece or pieces of ground adjoining such improvement or through which the same may be located to the distance of 300 feet from the street or avenue upon which such improvements are made extending along the street or avenue the distance improved or to be improved: Provided, That where the street or avenue to be improved runs partially through platted ground and partially through unplatted ground, the assessments for the payment of the cost of the construction of the improvement on the street or avenue running through the unplatted ground shall be levied on the lots and pieces of ground along said street or avenue on either side thereof, to the same distance on either side of said street or avenue as the levy is made where the street or avenue to be improved runs through platted ground: Provided, That in no case shall the benefit district extend more than half way to the street or public highway parallel with and next to the public ground to be improved.
History: R.S. 1923, § 12-606; December 27.
Source or prior law:
L. 1903, ch. 122, § 146; L. 1913, ch. 119, § 1.
Law Review and Bar Journal References:
Survey of law of tax foreclosure sale, Leslie T. Tupy, 12 K.L.R. 339 (1963).
CASE ANNOTATIONS
1. Paving through platted and unplatted ground; apportionment of assessments. Watts v. City of Winfield, 101 Kan. 470, 168 P. 319.
2. Lots not abutting on improved street may be assessed. Watts v. City of Winfield, 101 Kan. 470, 471, 168 P. 319.
3. Assessment where street bounded on one side by river considered. Atchison, T.&S.F. Rly. Co. v. City of Kingman, 122 Kan. 504, 506, 252 P. 220.
4. Mentioned in defining word "block" as used in K.S.A. 12-601. Wilson v. City of Topeka, 168 Kan. 236, 240, 212 P.2d 218.
5. Assessments cannot be levied deeper on unplatted cemetery lands than on lots on other side of street. Mount Hope Cemetery Co. v. City of Topeka, 190 Kan. 702, 703, 704, 705, 708, 378 P.2d 30.
6. Where unplatted tract cannot be considered a "block" under K.S.A. 12-601, assessment should be levied in accordance with first proviso hereof. Mai v. City of Topeka, 191 Kan. 589, 590, 592, 593, 596, 383 P.2d 553.
7. Application of section; terms "platted ground" and "block" considered. Colorado Oil & Gas Corp. v. City of Topeka, 196 Kan. 337, 338, 339, 340, 342, 344, 411 P.2d 586.
8. Referred to in construing K.S.A. 13-10,115; creation of "fictional block" unlawful; assessment of intersection unreasonable and arbitrary. Bell v. City of Topeka, 220 Kan. 405, 416, 553 P.2d 331.