Attorney General Opinion No. 1996-053 PDF Download
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Author: Carla J. Stovall
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Languages : en
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Rural water districts created pursuant to KS. A. 82a-612 et seq. may, under certain conditions, recoup the costs of relocating water lines which cross a state funded highway project, KS. A 1995 Supp. 68-415. A public wholesale water supply district is not eligible for the reimbursement of costs because the statute is specific to rural water districts. However, a rural water district, which cooperates with another entity to create a public wholesale water district, but has water lines which remain the property of a rural water district and otherwise meet the statutory requirement of the 90% limitation may be eligible for the recoupment, notwithstanding its joining with another entity to create a public wholesale water district under KS. A 19-3545. Cited herein: KS. A 19-3545; 19-3547; KS. A 1995 Supp. 68-415; KS. A. 82a-612.
Author: Carla J. Stovall
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Languages : en
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Book Description
Rural water districts created pursuant to KS. A. 82a-612 et seq. may, under certain conditions, recoup the costs of relocating water lines which cross a state funded highway project, KS. A 1995 Supp. 68-415. A public wholesale water supply district is not eligible for the reimbursement of costs because the statute is specific to rural water districts. However, a rural water district, which cooperates with another entity to create a public wholesale water district, but has water lines which remain the property of a rural water district and otherwise meet the statutory requirement of the 90% limitation may be eligible for the recoupment, notwithstanding its joining with another entity to create a public wholesale water district under KS. A 19-3545. Cited herein: KS. A 19-3545; 19-3547; KS. A 1995 Supp. 68-415; KS. A. 82a-612.
Author: Robert T. Stephan
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Languages : en
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1986 Senate Bill No. 696, which would enact the Family Farm Rehabilitation Act, does not constitute a "taking" of property which must be compensated under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. A lender's security interest is preserved under the bill, and a farmer seeking to invoke the bill's protection from foreclosure must annually pay an amount which is equivalent to that which the lender would receive if the land were sold at its present fair market value and the proceeds invested at current rates. Given decisions of the United States Supreme Court which permit such action by a state in the exercise of its police powers during a time of distress in the agricultural economy, in our opinion 1986 Senate Bill No. 696 is constitutional. Cited herein: 1986 Senate Bill No. 696; 1986 House Bill No. 2691; U.S. Const., Fourteenth Amend.
Author: Robert T. Stephan
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Languages : en
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A juvenile may waive the right to counsel provided that it is a knowing and intelligent waiver based upon the totality of circumstances. Cited herein: K.S.A. 38-1606; 38-1633.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Carla J. Stovall
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Languages : en
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Riley County should follow the current provisions of K.S.A. 19-211 to sell county property including that authorized for sale by voters in 1984. Pursuant to this statute, a board of county commissioners may exercise its discretion in determining the manner of sale of county property as long as the property is sold publicly to the highest and best bidder as determined by the county. The board should exercise its discretion in determining the specificity of the sale terms and conditions to be included in the notice of sale. K.S.A. 19-211 does not require that the terms and conditions of sale be included on the ballot question. The 1984 notice of special question election in Riley County does not restrict the choice of sale terms allowed by the current provisions of K.S.A. 19-211. Cited herein: K.S.A. 19-211; K.S.A. 1996 Supp. 77-201; L. 1989, Ch. 82, sections 1, 3; L. 1993, Ch. 198, section 1.
Author: Carla J. Stovall
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Languages : en
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The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Robert T. Stephan
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Languages : en
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A county may, by resolution, pay for the legal fees incurred when an action is brought by a county employee if the commissioners determine that: the action arose out of the employee's scope of employment; the money is being spent for a public purpose; the funds expended are derived from an appropriate fund; and the expense has been submitted pursuant to the uniform procedure for payment of claims. Cited herein: K.S.A. 1990 Supp. 12-105b; 19-101a; K.S.A. 19-229; 19-236a; K.S.A. 1990 Supp. 79-1946; K.S.A. 79-2927; and 79-2934.
Author: Carla J. Stovall
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Languages : en
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Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Author: Carla J. Stovall
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Languages : en
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A real estate broker is prohibited from offering or giving anything of value, other than the broker's services as a broker, that is contingent upon an agency agreement with a client or the sale, purchase or lease of real estate. In the errors and omissions insurance program described, a real estate broker would be offering a seller-client something of value, other than services as a broker, that is contingent upon an agency agreement. Thus a real estate broker who participated in the AHS program as described would be in violation of K.S.A. 1997 Supp. 58-3062(a)(11). Cited herein: K.S.A. 1997 Supp. 58-3035; 58-3062, as amended by L. 1998, Ch. 93, section 74; 58-30,102.
Author: Carla J. Stovall
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Languages : en
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The practice of medicine and surgery and the practice of chiropractic are licensed professions each with their own scope of practice as defined by statute. While manual manipulation as defined generally may include methods of practice authorized to one or the other profession or both, chiropractic manual manipulation as taught in accredited schools of chiropractic is not within the scope of practice of medicine and surgery as defined by K.S.A. 65-2869. Cited herein: K.S.A. 65-2869; 65-2871.
