Attorney General Opinion No. 1977-215 PDF Download

Author: Curt Thomas Schneider
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Cities have the power to enforce reasonable regulations concerning the obstruction of streets by railroad traffic. The power of reasonable regulation does not include the power to prohibit railroad operation entirely. While the city may prohibit undue obstruction of street crossings by railroad operations, it may not prohibit those operations entirely for fixed periods of time.

Author: Curt Thomas Schneider
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Languages : en
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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 legislature is without authority to reduce the territory liable for payment of the principal and interest requirements of general obligation bonds of such territory once such bonds have been issued and sold.

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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Languages : en
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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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Languages : en
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The Board of Accountancy may not extend the period required for the submission of additional education or experience except for those specifically excepted under K.A.R. 74-3-3.

Author: Curt Thomas Schneider
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Languages : en
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A marshal of a city of the third class has no authority to appoint deputy marshals of such city.

Author: Curt Thomas Schneider
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Languages : en
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A "wire" unit, part of which is attached to the officer's body and which can pick up oral communications in the officer's presence and then be transmitted to a base unit and recorded, is not considered an oral communication within the scope of K.S.A. 22-2514(2) whereby a court order is required.

Author: Curt Thomas Schneider
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Languages : en
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The education requirements of K.S.A. 1976 Supp. 40-240a are not on their face arbitrary, capricious or unreasonable, so as to constitute an unconstitutional classification of agents to which such requirements apply.

Author: Curt Thomas Schneider
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Languages : en
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Because Jackson County had no district magistrate judge on July 1, 1977, the effective date of ch. 110, L. 1977, it is not eligible for a grant under section 12(a)(3) thereof.