Attorney General Opinion No. 1995-004 PDF Download
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Author: Robert T. Stephan
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Languages : en
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The national trails system act, 16 U.S.C. section 1247(d), enacted to preserve established railroad rights-of-way for future reactivation of rail service, authorizes the interstate commerce commission (ICC) to permit such rights-of-way to be used on an interim basis as recreational trails. In lieu of abandonment the ICC may approve the railroad right of way as an interim trail if the request is made before abandonment of the line has been consummated and if the trail use group reaches an agreement with the railroad company. If no agreement is reached and the ICC approves the abandonment, state law governs the disposition of the abandoned railroad property. Cited herein: K.S.A. 1993 Supp. 66-525; 16 U.S.C. sec. 1241; 49 U.S.C. section 10903; 49 C.F.R. section 1152.29.
Author: Robert T. Stephan
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Languages : en
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The national trails system act, 16 U.S.C. section 1247(d), enacted to preserve established railroad rights-of-way for future reactivation of rail service, authorizes the interstate commerce commission (ICC) to permit such rights-of-way to be used on an interim basis as recreational trails. In lieu of abandonment the ICC may approve the railroad right of way as an interim trail if the request is made before abandonment of the line has been consummated and if the trail use group reaches an agreement with the railroad company. If no agreement is reached and the ICC approves the abandonment, state law governs the disposition of the abandoned railroad property. Cited herein: K.S.A. 1993 Supp. 66-525; 16 U.S.C. sec. 1241; 49 U.S.C. section 10903; 49 C.F.R. section 1152.29.
Author: Carla J. Stovall
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Languages : en
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The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Author: Carla J. Stovall
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Languages : en
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The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
Author: Carla J. Stovall
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Languages : en
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An administrative agency's interpretation of a regulation must be consistent with the language found in the regulation and with the statutes the regulation implements. Whether an agency's interpretation is enforceable depends on the facts and is determined on a case by case basis. Cited herein: K.S.A. 74-5813; 77-415; K.A.R. 67-2-4.
Author: Carla J. Stovall
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Languages : en
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While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.
Author: Carla J. Stovall
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Languages : en
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The applicable definition of "state agency," as used in rules and regulations adopted by the state records board pursuant to K.S.A. 75-3504, is set forth in K.S.A. 45-402. Under that definition, and for purposes of appointing a records officer as provided by K.A.R. 53-4-1, the deferred compensation unit of the department of administration is a state agency. However, Kansas Advocacy and Protective Services, Inc. is not a state agency for purposes of K.A.R. 53-4-1 and therefore need not appoint a records officer. Cited herein: K.S.A. 40-2302; 45-402; 46-224; 75-3049; 75-3502a; 75-3504; 75-3701; 75-3728a; 75-5274; 75-5521; 75-5523; L. 1990, ch. 22, section 3; L. 1991, ch. 11, section 2; L. 1992, ch. 214, section 9; L. 1992, ch. 325, section 2; L. 1993, ch. 270, section 2; L. 1994, ch. 361, section 2; K.A.R. 53-4-1.
Author: Carla J. Stovall
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Languages : en
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The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.
Author: Carla J. Stovall
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Languages : en
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A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
Author: Carla J. Stovall
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Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Author: Carla J. Stovall
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Languages : en
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Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.
