Attorney General Opinion No. 1982-107 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1982-107 PDF full book. Access full book title Attorney General Opinion No. 1982-107 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Executory contracts for the sale of real estate having the characteristics specified in K.S.A. 79-3101 are mortgages covered by the Mortgage Registration Fee Act, and $.25 on every one hundred dollars ($100) of principal debt or obligation secured by any such contract must be collected by the Register of Deeds before recording the instrument. However, an affidavit of equitable interest, filed by the purchaser pursuant to K.S.A. 1981 Supp. 79-3102(5), may be recorded without payment of the mortgage registration fee on the executory contract which gives rise to the affidavit of equitable interest. If the contract itself is offered for filing, the fee collected should reflect the total debt secured, and not merely the amount outstanding at the time of filing. Cited herein: K.S.A! 79-3101, K.S.A. 1981 Supp. 79-3102, K.S.A. 79-3107.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Executory contracts for the sale of real estate having the characteristics specified in K.S.A. 79-3101 are mortgages covered by the Mortgage Registration Fee Act, and $.25 on every one hundred dollars ($100) of principal debt or obligation secured by any such contract must be collected by the Register of Deeds before recording the instrument. However, an affidavit of equitable interest, filed by the purchaser pursuant to K.S.A. 1981 Supp. 79-3102(5), may be recorded without payment of the mortgage registration fee on the executory contract which gives rise to the affidavit of equitable interest. If the contract itself is offered for filing, the fee collected should reflect the total debt secured, and not merely the amount outstanding at the time of filing. Cited herein: K.S.A! 79-3101, K.S.A. 1981 Supp. 79-3102, K.S.A. 79-3107.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
L. 1988, ch. 115, which allocates good time credits for the purpose of determining parole eligibility and conditional release should be applied retroactively to those sentenced under K.S.A. 21-4618 prior to July 1, 1982. Cited herein: K.S.A. 21-4618; K.S.A. 1987 Supp. 22-3717 as amended by L. 1988, ch. 115, section 2.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Despite the state corporation commission's longstanding acquiescence to the filing of rate applications with the commission by rate bureaus on behalf of motor carriers having Kansas intrastate authority, such practice is without basis in law. Kansas statutes neither recognize nor provide for the regulation of rate bureaus. Moreover, nothing in the Kansas statutes provide rate bureaus with immunity from prosecution under Kansas antitrust laws, and it would appear that the collective rate-making activities of rate bureaus constitute a restraint of trade in violation of said laws. However, before this conclusion can be made as a matter of law, an independent investigation of such activities would be necessary. Cited herein: K.S.A. 50-101, 50-112, 50-148, 50-152, 50-157, 66-101, 66-107, 66-1,105, 66-1,112, 66-1,142.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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: Curt Thomas Schneider
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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.
