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Commissioners decline incomplete road-vacation petition for Allen Street and Hummer Road
Summary
Finney County commissioners declined a petition to vacate platted-but-unopened portions of Allen Street and Hummer Road adjacent to 1903 Boots Road, finding the filing lacked a clear legal description; the clerk said the petitioner may resubmit without a second filing fee.
Finney County commissioners voted to decline a road-vacation petition that sought to vacate portions of Allen Street and Hummer Road adjacent to property listed at 1903 Boots Road, citing an insufficient legal description.
At the meeting, County Clerk Dory Munan told commissioners the petition, filed Feb. 9, 2026, asked the county to vacate two platted—but never opened—roads near the parcel. Munan explained the statutory process under K.S.A. 68-104 requires a clear description, appointment of viewers and public notice, and she proposed a compressed schedule to meet the 20-day publication and hearing deadlines if the board found the petition legally sufficient.
During discussion commissioners and staff noted inconsistencies between the petition and the county map. One commissioner said the petition “doesn't tell us what part of that road that wants to be done” and emphasized that a petition must show a clear beginning and ending. Munan and mapping staff clarified the owner (identified in the petition as Mr. Hernandez) appears to seek vacation of the portion of Allen Street adjacent to his property and half (30 feet) of Hummer Road on the west side of that parcel, but the petition’s legal description was incomplete.
A commissioner moved to decline the petition as legally insufficient, suspend further action on the item, and accept the clerk’s recommendation that the petitioner not be charged a second filing fee if he refiles with an adequate description. The motion was seconded and carried by voice vote.
The board’s action means the county will not proceed with appointing viewers or setting viewing/hearing dates on the basis of the current filing. Munan said staff would advise the petitioner on how to refile with the required legal description to meet statutory standards.
Next steps: if the petitioner submits a corrected petition with a clear legal description, the clerk will process it and the board may reconsider acceptance, appointment of viewers and scheduling of required public notices and hearings.
