13-1388. Off-street parking facilities, acquisition and dispositions; use for other purposes. Any city of the first or second class may, as hereinafter provided, acquire by purchase, lease, gift or condemnation any land or lands in any areas zoned as business, commercial or industrial districts in such city for off-street parking facilities, and may dispose of improvements thereon not appropriate to parking uses, if such there be and may improve any such land or lands by the construction of a building thereon, or otherwise, so as to provide parking facilities.
In acquiring any land for off-street parking facilities by condemnation the provisions of K.S.A. 26-501 to 26-516, inclusive, shall apply to and be followed in such condemnation proceedings. Title in fee simple to any land or lands condemned under this act shall vest in the city upon the payment by the city of the amount of the award in the manner provided in K.S.A. 26-501 to 26-516, inclusive: Provided, That if any land or lands, including the improvements placed thereon, so acquired by purchase or condemnation shall become unsuitable or unusable as an off-street parking facility, the governing body, by resolution, may discontinue the use of said land as such parking facility and use the same for other public purposes.
History: L. 1951, ch. 175, § 1; L. 1955, ch. 101, § 1; L. 1963, ch. 234, § 34; January 1, 1964.
Law Review and Bar Journal References:
1953-55 survey of Kansas law, Earl B. Shurtz, 4 K.L.R. 306 (1955).
1955-56 survey of Kansas law, James L. Postma, 5 K.L.R. 283, 286 (1956).
Attorney General's Opinions:
Acquisition and disposition of off-street parking facilities; use for other purposes. 84-82.
CASE ANNOTATIONS
1. Act examined and held constitutional; contract for lease invalid. State, ex rel., v. City of Topeka, 176 Kan. 240, 242, 243, 244, 248, 250, 251, 253, 270 P.2d 270.
2. Inapplicable to city not having zoning ordinance. State, ex rel., v. City of Chanute, 179 Kan. 155, 156, 292 P.2d 687.
3. Mentioned in determining title ordinarily acquired by condemnation. Sutton v. Frazier, 183 Kan. 33, 43, 325 P.2d 338.
4. Construction of act referred to in holding K.S.A. 82a-612 constitutional. Shawnee Hills Mobile Homes, Inc. v. Rural Water District, 217 Kan. 421, 436, 537 P.2d 210.