Attorney General Opinion No. 1977-189 PDF Download
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Author: Curt Thomas Schneider
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Under K.S.A. 1976 Supp. 28-172a(c), the balance of the docket fee remaining after payment of statutory charges for judges' retirement, stenographer, law library and bar docket fee are to be paid into the county general fund, and not into separate funds of either the sheriff or the district court clerk.
Author: Curt Thomas Schneider
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Languages : en
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Under K.S.A. 1976 Supp. 28-172a(c), the balance of the docket fee remaining after payment of statutory charges for judges' retirement, stenographer, law library and bar docket fee are to be paid into the county general fund, and not into separate funds of either the sheriff or the district court clerk.
Author: Curt Thomas Schneider
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Languages : en
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Prior to 1977, K.S.A. 58-2306 provided that any mortgage of real property "may" be discharged by an entry on the record thereof acknowledging the satisfaction of the mortgage signed in the presence of the Register of Deeds who shall subscribe as a witness. This law was amended by House Bill No. 2398 in the 1977 Session to provide that a mortgage "shall" be discharged by an instrument "duly acknowledged and certified as other instruments affecting real estate." The form submitted complies with this new law, except that the form provides for an acknowledgment only by a "notary public." K.S.A. 58-2211 provides that instruments affecting real estate may be acknowledged before a "Court having a seal, or some judge, justice, or clerk thereof, or some notary public, county clerk, or register of deeds, or mayor or clerk of an incorporated city."
Author: Curt Thomas Schneider
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No Kansas law prohibits the disposition of city property of a city of the second class with a commission form of government in such manner as the city governing body deems appropriate and in the public interest.
Author: Curt Thomas Schneider
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Any citizen, whether a resident of this state or of another state, is entitled to access to documents which are public records under K.S.A. 45-201.
Author: Curt Thomas Schneider
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The General Improvement and Assessment Law does not convey authority to allow a city to purchase outright a completed public work or improvement.
Author: Curt Thomas Schneider
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Under K.S.A. 1976 Supp. 25-4302, the only grounds for recall are conviction of a felony, misconduct in office, incompetence and failure to perform a duty prescribed by law. Facts recited in a petition as grounds which do not support any of the four statutory bases for recall are insufficient. However, the county election officer has no authority to determine the legal sufficiency of grounds alleged in a recall petition which is presented for filing, and the sufficiency of grounds, if challenged, must be determined by a court of competent jurisdiction. The sufficiency of grounds for a recall election may not be challenged after the question is submitted to the voters. A petition may be circulated only by a sponsor within the precinct where such sponsor resides.
Author: Curt Thomas Schneider
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An action under K.S.A. 8-284 et seq. (Habitual Violators) is a civil action. A conviction expunged or annulled under K.S.A. 12-4515, 21-4616, or 21-4617 cannot be used in establishing the requisite number of convictions required to be an habitual violator. K.S.A. 60-514 would require an action under habitual violator section to be brought within one year from when it accrues. An action under that section accrues with the commission of the last offense qualifying the offender as an habitual violator.
Author: Curt Thomas Schneider
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A restriction on the use of certain lots in the City of Tribune, contained in a deed dated October 28, 1976, which prohibits the use or erection of any building thereon except a "single or multi-family residence with either attached or detached garage" upon any portion of the property does not as a matter of law prohibit the use of mobile home units for residential purposes on such property, nor require that each residential unit erected or used on said property have either an attached or detached garage.
Author: Curt Thomas Schneider
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A city may by charter ordinance exempt itself from the issue limitations of K.S.A. 12-621, and authorize the issuance of general obligation bonds in amounts greater than that authorized by said statute.
Author: Curt Thomas Schneider
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Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.
