Attorney General Opinion No. 1997-045 PDF Download
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Author: Carla J. Stovall
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Languages : en
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The State's ownership interest in the bed and banks of a navigable river changes as the river gradually moves over time, and thus the State's ownership interest is not fixed. Although many agencies have authority to regulate certain activities that take place within the bed and banks of navigable rivers, there is no entity with authority to exercise any ownership interest, such as providing an easement, other than the State of Kansas which exercises ownership interests through legislative action. Cited herein: K.S.A. 24-454; K.S.A. 1996 Supp. 70a-102; 70a-105; K.S.A. 70a-106;. 82a-201; 82a-209; 82a-212; 82a-215; K.S.A. 1996 Supp. 82a-217; K.S.A. 82a-307, 82a-307a; 82a-308; K.S.A. 1996 Supp. 82a-309; K.S.A. 82a-311; 82a-325; 82a-327; 82a-405; 82a-410; 82a 518; 82a-529; 82a-701; 82a-901a; 82a-1101; 82a-1201; 16 U.S.C. section 661; 33 U.S.C. section 1344; 44 U.S.C. section 4321; 33 C.F.R. sections 320, 323; 40 C.F.R. sections 230, 231.
Author: Carla J. Stovall
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Languages : en
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The State's ownership interest in the bed and banks of a navigable river changes as the river gradually moves over time, and thus the State's ownership interest is not fixed. Although many agencies have authority to regulate certain activities that take place within the bed and banks of navigable rivers, there is no entity with authority to exercise any ownership interest, such as providing an easement, other than the State of Kansas which exercises ownership interests through legislative action. Cited herein: K.S.A. 24-454; K.S.A. 1996 Supp. 70a-102; 70a-105; K.S.A. 70a-106;. 82a-201; 82a-209; 82a-212; 82a-215; K.S.A. 1996 Supp. 82a-217; K.S.A. 82a-307, 82a-307a; 82a-308; K.S.A. 1996 Supp. 82a-309; K.S.A. 82a-311; 82a-325; 82a-327; 82a-405; 82a-410; 82a 518; 82a-529; 82a-701; 82a-901a; 82a-1101; 82a-1201; 16 U.S.C. section 661; 33 U.S.C. section 1344; 44 U.S.C. section 4321; 33 C.F.R. sections 320, 323; 40 C.F.R. sections 230, 231.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exemptions listed in K.S.A. 1996 Supp. 45-221 or other applicable law. K.S.A. 1996 Supp. 45-221(a)(4) allows closure of some records concerning public employees. Under this exception, personnel/employment records identifiable to an individual public employee may be closed, except that names, positions, salaries and lengths of service of public employees are required to be disclosed. Home addresses of public employees may be closed pursuant to K.S.A. 1996 Supp. 45-221(a)(4). Alternatively, a public employee's home address is "information of a personal nature," the public disclosure of which could constitute a clearly unwarranted invasion of personal privacy, thus allowing closure under K.S.A. 1996 Supp. 45-221(a)(30). To the extent their conclusions conflict with those stated herein, Attorney General Opinions No. 89-106 and 90-136 are hereby withdrawn. Cited herein: K.S.A. 45-216; K.S.A. 45-220; K.S.A. 1996 Supp. 45-221, as amended by 1997 H.B. 2105; K.S.A. 21-3914.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 1996 Supp. 45-221(a)(14) allows letters of complaint to the Board of Accountancy to be closed. A letter from the Board of Accountancy to the complainant notifying the complainant that there is no probable cause of a violation is mandatorily open. K.S.A. 1996 Supp. 45-221(a)(11) permits documents assembled in the course of an investigation to be closed as long as there is an adjudication pending. K.S.A. 45-216; K.S.A. 1996 Supp. 45-217; 45-221; K.S.A. 65-4914; 77-522.
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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Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.
Author: Carla J. Stovall
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Languages : en
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Pursuant to K.S.A. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.
Author: Carla J. Stovall
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Languages : en
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The Standard Offense Report is subject to the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq. All information on the front page except for the victim's social security number is presumed to be open, and portions of the front page can only be closed if the victim was the victim of certain sex crimes or under the unusual event that disclosure would constitute a clearly unwarranted invasion of the victim's personal privacy. By contrast, Standard Arrest Reports are mandatorily closed. Basic information on arrests can be obtained from police blotters and jail rosters, which are mandatorily open. If a blotter is not maintained, a law enforcement agency is under an obligation to provide blotter type information reasonably contemporaneously with an arrest. Cited herein: K.S.A. 21-2501a; 21-2504; K.S.A. 1997 Supp. 22-4701; 22-4707; 22-4708; K.S.A. 45-215: K.S.A. 1997 Supp. 45-217; 45-221.
Author: Carla J. Stovall
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Languages : en
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A publishing company does not violate the K.S.A. 21-3914 prohibition against receiving lists of names derived from public records for the purpose of commercial solicitation by publishing and delivering state boards' official newsletters which contain advertisements. Under the facts presented, the company also may use the lists of licensees' names to solicit advertisements for each newsletter from the licensees who receive the newsletter. Cited herein: K.S.A. 21-3914; 45-220; 46-237.
Author: Carla J. Stovall
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Languages : en
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Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.
Author: Carla J. Stovall
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Languages : en
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In the absence of statutory authority, the residents of a city of the first class have no authority to dissolve as a corporate body that city. Cited herein: K.S.A. 15-111; Kan. Const., art. 12, section 5.
