Attorney General Opinion No. 1996-080 PDF Download
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Author: Carla J. Stovall
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Languages : en
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The prevention of soil erosion caused by wind is governed primarily by K.S.A. 2-2001 et seq. which places the duty to prevent erosion on the landowner and the duty to enforce the statutes, on public and private land, on the board of county commissioners in each county. The authority to prevent soil erosion is also provided to conservation districts created pursuant to K.S.A. 2-1901 et seq.; however, that authority extends only over public lands as it affects the land use practices under their jurisdiction. A conservation district does not have the authority to prevent soil erosion on private land without the landowner's consent. Cited herein: K.S.A. 2-1901; 2-1902; K.S.A. 1995 Supp. 2-1907; K.S.A. 2-1908; 2-1914; 2-2001; 2-2002; 2-2003; 2-2004; 2-2005; 2-2006; 2-2007; 2-2008; 32-807; 32-827; 76-425d; 82a-928.
Author: Carla J. Stovall
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Languages : en
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The prevention of soil erosion caused by wind is governed primarily by K.S.A. 2-2001 et seq. which places the duty to prevent erosion on the landowner and the duty to enforce the statutes, on public and private land, on the board of county commissioners in each county. The authority to prevent soil erosion is also provided to conservation districts created pursuant to K.S.A. 2-1901 et seq.; however, that authority extends only over public lands as it affects the land use practices under their jurisdiction. A conservation district does not have the authority to prevent soil erosion on private land without the landowner's consent. Cited herein: K.S.A. 2-1901; 2-1902; K.S.A. 1995 Supp. 2-1907; K.S.A. 2-1908; 2-1914; 2-2001; 2-2002; 2-2003; 2-2004; 2-2005; 2-2006; 2-2007; 2-2008; 32-807; 32-827; 76-425d; 82a-928.
Author: Carla J. Stovall
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Languages : en
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A township which maintains a public cemetery may not assume responsibility, either as an owner or trustee, for a private cemetery in the absence of special legislation. Cited herein: KS. A. 1995 Supp. 80-915; 80941.
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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While it is generally the rule that a municipality may annex only territory which is contiguous or adjacent to it, a rural water district may attach territory which is not so situated. Additionally, the district may employ its powers of eminent domain to obtain easements across property lying between the newly-attached land and the existing boundary for the purpose of laying water lines. Cited herein: K.S.A. 12-520c, K.S.A. 82a-619, 82a-619b, 82a-622, 82a-624.
Author: Curt Thomas Schneider
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Languages : en
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The use of "time out" rooms for children and adolescent patients at the University of Kansas Medical Center constitutes the use of "seclusion" within the meaning of K.S.A 1976 Supp. 59-2928. Certain items, such as firearms, other weapons, medication, incendiary materials and the like constitute such demonstrably hazardous materials that they may be withheld from the personal possessions of a patient in a treatment facility without a specific finding of "good cause" in each separate instance, upon the adoption of an appropriate regulation describing such items.
Author: Philippines. Bureau of Justice
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Category : Administrative law
Languages : en
Pages : 804
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Author: Carla J. Stovall
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Languages : en
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A county district hospital board organized under K.S.A. 1996 Supp. 80-2501 et seq. should follow the procedures set forth in K.S.A. 80-2515 in letting bids for the construction of a hospital or an addition thereto. If all bids received exceed the architect's estimated cost of the project, the hospital board may negotiate with the lowest responsible bidder in an attempt to avoid rebidding the project as long as any negotiated changes are limited as outlined in Attorney General Opinion No. 92-118. Cited herein: K.S.A. 19-214; 19-215; 19-216; 60-1111; K.S.A. 1996 Supp. 80-2501; K.S.A. 80-2514; 80-2515.
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: Nevada. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 508
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Author: Carla J. Stovall
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Category :
Languages : en
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A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
