Attorney General Opinion No. 1982-095 PDF Download
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Author: Robert T. Stephan
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Pursuant to K.S.A. 19-2731 e̲t̲ s̲e̲q̲., a board of county commissioners is empowered to raise money for the construction of both main and lateral sewers through the issuance of general obligation bonds. Said bonds shall be paid for through the making of special assessments on the land in the district, and, at the option of the board of county commissioners, on the improvements thereto (K.S.A. 19-27,153). These assessments are to be collected in the same manner as other property taxes. Accordingly, the failure by a property owner to pay such an assessment subjects the property to sale by the county. In the event of a dispute over the amount or validity of such an assessment, a property owner must follow procedures established by statute for challenging the assessment, and cannot as an alternative withhold the disputed portion from the total taxes and assessments due on the property. Cited herein: K.S.A. 19-2735, 19-2737, 60-907, K.S.A. 1981 Supp. 60-2301, 79-2004, 79-2005, K.S.A. 79-2302.
Author: Robert T. Stephan
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Languages : en
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Book Description
Pursuant to K.S.A. 19-2731 e̲t̲ s̲e̲q̲., a board of county commissioners is empowered to raise money for the construction of both main and lateral sewers through the issuance of general obligation bonds. Said bonds shall be paid for through the making of special assessments on the land in the district, and, at the option of the board of county commissioners, on the improvements thereto (K.S.A. 19-27,153). These assessments are to be collected in the same manner as other property taxes. Accordingly, the failure by a property owner to pay such an assessment subjects the property to sale by the county. In the event of a dispute over the amount or validity of such an assessment, a property owner must follow procedures established by statute for challenging the assessment, and cannot as an alternative withhold the disputed portion from the total taxes and assessments due on the property. Cited herein: K.S.A. 19-2735, 19-2737, 60-907, K.S.A. 1981 Supp. 60-2301, 79-2004, 79-2005, K.S.A. 79-2302.
Author: Robert T. Stephan
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State appropriations to the Agricultural Hall of Fame are not violative of Article 11, Section 9 of the Kansas Constitution. Cited herein: K.S.A. 2-2701, 1983 House Bill No. 2140, Kan. Const. Art. 11, section 6, Kan. Const. 1982 Supp., Art. 11, section 9, 36 U.S.C.A. sections 971, 973.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.
Author: Robert T. Stephan
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Neither K.S.A. 12-1222 nor the common law doctrine of incompatibility of offices precludes a person from simultaneously being the county register of deeds and a member of a city's library board. Cited herein: K.S.A. 12-1218 and 12-1222.
Author: Robert T. Stephan
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K.S.A. 1981 Supp. 8-1567(c), as amended by section 5 of Senate Bill No. 699, establishes penalties for persons convicted of their first violation of the statute. Prior to the 1982 amendment, the subsection authorized a court to punish first time violators by imposing a specified jail sentence or a specified fine, "or by both such fine and imprisonment." In the amended statute, the word "and" replaces the word "or" between the term of imprisonment and the amount of the fine, although the phrase "or by both such fine and imprisonment" is retained. In that the intent of the legislature in altering the disjunctive "or" to the conjunctive "and" was to require both forms of punishment, the additional phrase allowing such is now mere verbiage, and adds nothing to the statute. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 5.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.
Author: Robert T. Stephan
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A register of deeds is required to file of record a written instrument whereby real estate may be affected. Such filing can properly be refused only if the instrument contains apparent errors, or is not proved or acknowledged, and certified in the manner prescribed by law, or the register of deeds has been directed by a court not to file the instrument. Of course, a register of deeds also may refuse to file instruments that clearly do not affect real estate, or where the law requires some act, such as payment of the mortgage registration fee, before the instrument may be received and filed of record. Cited herein: K.S.A. 58-2221.
Author: Robert T. Stephan
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A contract which determines the custody of a child is void as against public policy. Cited herein: K.S.A. 23-128, 23-129, 23-130.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman in a city of the third class and a township officer in the township which contains such city. Attorney General Opinion No. 75-50 is withdrawn. Cited herein: K.S.A. 15-104, 25-1606, 80-1502, L. 1982, ch. 63.
