Attorney General Opinion No.

The Honorable Kenny A. Wilk State Representative, 42nd District State Capitol, Room 174-W Topeka, Kansas 66612

Dear Representative Wilk:

You request our opinion concerning the prohibition on annexing land devoted to agricultural use. Specifically, you inquire whether the prohibition is applicable when there is a rural or suburban home site on the land. You also question whether an owner of agricultural land will lose the rural homestead exemption should annexation occur.

The power of a city to alter its boundaries by annexation is controlled by statute and while the city has the discretion to…