Attorney General Opinion No. 1982-013 PDF Download
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Author: Robert T. Stephan
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A county may not assess the costs incurred in establishing government corners in conducting a legal survey; however, a county may adopt a resolution pursuant to K.S.A. 19-101a which would permit the county to assess the costs incurred in establishing boundaries to the benefitted landowners. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-1423, 19-1427 (repealed).
Author: Robert T. Stephan
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Languages : en
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A county may not assess the costs incurred in establishing government corners in conducting a legal survey; however, a county may adopt a resolution pursuant to K.S.A. 19-101a which would permit the county to assess the costs incurred in establishing boundaries to the benefitted landowners. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-1423, 19-1427 (repealed).
Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of K.S.A. 41-208, the legislature has the exclusive power to regulate the transportation of alcoholic liquor, and cities are preempted from legislating in this area, except to the extent authorized by the legislature. However, K.S.A. 41-208 permits the adoption of city ordinances which declare as unlawful or prohibited any act which is unlawful or prohibited under the Kansas Liquor Control Act, and such ordinances may prescribe penalties for violations consistent with the penalites prescribed under the Liquor Control Act. Accordingly, a city may adopt an "open container" ordinance prohibiting those acts proscribed by K.S.A. 41-804 and prescribing penalties for violations thereof, including authorization for the municipal court to suspend or restrict the driver's license or operating privileges of a person convicted under such ordinance, to the extent provided in K.S.A. 41-804. Cited herein: K.S.A. 1980 Supp. 8-1567, K.S.A. 41-101, 41-208, 41-804, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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The limitation on the issuance of county general obligation bonds, set forth in K.S.A. 19-2736, does not apply to sewer districts created under the provisions of K.S.A. 19-2704 to 19-2715. Cited herein: K.S.A. 19-2704, 19-2715, 19-2731, 19-2736, 19-2752, 19-2787, 19-2792, 19-27,113.
Author: Robert T. Stephan
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K.S.A. 19-2921 is uniformly applicable to all counties and, therefore, is not subject to charter resolution pursuant to home rule powers granted in K.S.A. 19-101a e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 19-101a, 19-2916b, 19-2920, 19-2921.
Author: Robert T. Stephan
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The exercise of county home rule powers is restricted or limited by K.S.A. 19-101a, F̲o̲u̲r̲t̲h̲, regarding "acts of the legislature prescribing limits of indebtedness." Even though the limits of bonded indebtedness prescribed by K.S.A. 1981 Supp. 10-306 do not apply uniformly to all counties, a county is precluded by K.S.A. 19-101a, F̲o̲u̲r̲t̲h̲, from exempting itself from these limits. Cited herein: K.S.A. 1981 Supp. 10-306, K.S.A. 19-101a.
Author: Robert T. Stephan
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Pursuant to K.S.A. 19-2731 e̲t̲ s̲e̲q̲., a board of county commissioners is empowered to raise money for the construction of both main and lateral sewers through the issuance of general obligation bonds. Said bonds shall be paid for through the making of special assessments on the land in the district, and, at the option of the board of county commissioners, on the improvements thereto (K.S.A. 19-27,153). These assessments are to be collected in the same manner as other property taxes. Accordingly, the failure by a property owner to pay such an assessment subjects the property to sale by the county. In the event of a dispute over the amount or validity of such an assessment, a property owner must follow procedures established by statute for challenging the assessment, and cannot as an alternative withhold the disputed portion from the total taxes and assessments due on the property. Cited herein: K.S.A. 19-2735, 19-2737, 60-907, K.S.A. 1981 Supp. 60-2301, 79-2004, 79-2005, K.S.A. 79-2302.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-247 authorizes county counselors to render advice and written opinions on all legal matters including issues that may have criminal implications. This authority is not contrary to statutes requiring county and district attorneys to commence and control criminal prosecutions. Cited herein: K.S.A. 19-247, 19-248, 19-704.
Author: Robert T. Stephan
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The duties of county clerks are prescribed by statutes uniformly applicable to all counties and may be altered by a board of county commissioners only according to the procedure set out in K.S.A. 12-3901 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 12-3901, 19-212, 19-229, 19-301, 19-305, 19-306, 19-311, 19-312, 19-313.
Author: Robert T. Stephan
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K.S.A. 19-711 authorizes the district court to appoint an attorney to serve as county attorney when the county attorney and his or her deputy have a conflict of interests and are unable to represent the county. Cited herein: K.S.A. 19-711.
Author: Robert T. Stephan
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K.S.A. 19-2758 requires that only persons who are taxpayers, residents of an improvement district, and otherwise qualified to vote pursuant to the Constitution of the State of Kansas will be allowed to vote in any improvement district election. Therefore, merely owning real property within the proposed improvement district is insufficient to qualify an individual to vote in any such election, including a bond election under K.S.A. 19-2768. Cited herein: K.S.A. 19-2753, 19-2758, 19-2768.
