Attorney General Opinion No. 1981-068 PDF Download
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Author: Robert T. Stephan
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The duty and authority of the director of the Kansas Fish and Game Commission to sell "confiscated" furbearers and pelts, as set forth in K.S.A. 32-130a, may be delegated to game protectors and other assistants, which game protectors and assistants are appointed pursuant to the provisions of K.S.A. 74-3302. Cited herein: K.S.A. 32-130a, 74-3302.
Author: Robert T. Stephan
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The duty and authority of the director of the Kansas Fish and Game Commission to sell "confiscated" furbearers and pelts, as set forth in K.S.A. 32-130a, may be delegated to game protectors and other assistants, which game protectors and assistants are appointed pursuant to the provisions of K.S.A. 74-3302. Cited herein: K.S.A. 32-130a, 74-3302.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 68-1107 places the duty on the county engineer to determine the size of culverts required for a particular location on a township road. Pursuant to this statute, such determination has the effect of assigning to either the township or county the duty of constructing, reconstructing, repairing and maintaining any such culvert. Absent a determination by the county engineer that an existing "county culvert" should be reconstructed to a reduced size, so as to constitute a "township culvert," the county may not so reconstruct such culvert and thereby shift to the township the duty of maintaining the reconstructed culvert. Cited herein: K.S.A. 68-1104, 68-1107.
Author: Robert T. Stephan
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A county attorney has no duty to act on behalf of a township board and seek vacation or closure of a township road pursuant to K.S.A. 68-102. Cited herein: K.S.A. 68-102, 80-304, 80-306.
Author: Robert T. Stephan
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A board of county commissioners has statutory duty to view or cause to be viewed a previously vacated road upon presentation of a proper petition to re-open said road. However, a district court may refuse to issue an order in mandamus for the performance of such duty if its performance would constitute a useless or futile act or an act of no public benefit. Cited herein: K.S.A. 68-104.
Author: Robert T. Stephan
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While at common law a bridge was considered to be part of the highway with which it is connected, a different result must be reached in the case of 1981 House Bill No. 2298. That bill establishes procedures for declaring certain county roads to be "minimum maintenance" roads, and further declares that no tort liability exists on the part of a governmental entity due to damages resulting from the conditions of such roads. Although such immunity may extend to damages caused by conditions on the roadbed, injuries caused by structural defects in the bridge itself would, absent any legislative intent to the contrary, still leave the governmental entity liable in tort. Cited herein: K.S.A. 68-102, 68-1126, K.S.A. 1980 Supp. 75-6104, 1981 House Bill No. 2298, sections 1, 2.
Author: Robert T. Stephan
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K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.
Author: Robert T. Stephan
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There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
Author: Robert T. Stephan
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The Reports of the decisions of the Kansas Supreme Court and Court of Appeals may be copyrighted as compilations. However, any such copyright cannot cover the opinions of the judges and justices or other material prepared by them in the discharge of their judicial duties. The copyright protection afforded the Reports is limited to the Appellate Reporter's own work and labor in the production of the Reports. The publication of advance sheets without copyright notice under copyright laws existing prior to January 1, 1978, resulted in forfeiture of the copyright on the material contained therein, which cannot be revived by subsequent publication in copyrighted volumes of the Reports. However, the publication of advance sheets without copyright notice after that date under current copyright laws does not constitute a forfeiture, and the works are protected from infringement as long as they are properly registered within five years after first publication. Neither one of these circumstances affects the validity of the copyright of the Reports as a compilation of preexisting material, but the copyright can only cover new and original material contributed by the reporter. The use made of the Reports by West Publishing Company and K-Bar Research, Inc., pursuant to licensing agreements, has not resulted in forfeiture of the copyright protection afforded the Reports. Cited herein: K.S.A. 20-206, K.S.A. 1980 Supp. 20-211, 17 U.S.C.A. sections 1, 3, 10, 19, 102, 103, 106, 405, P.L. 94-553, U.S. Const., Art. I, section 8.
Author: Robert T. Stephan
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
